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The Analysis on the Ambit and Obligation of Recusal of the Public Servants Wang Wen-Jong

The contents of recusal of the public servants are stipulated scattered on variety of law and administrative decree under the current legal system. There are no uniform standard to review the contents of recusal which are based on appropriate, legitimacy, purpose, and reasonable under those clauses. This contribution will advance the proposition that the duties of recusal will be clarified from the perspective of philosophy and law. First, a philosophy of law-grounded analytic framework is employed in this article which draws from John Rawls's theories of justice. Second, the practical meaning of function of recusal will be explained from substantive law and procedural law. Moreover, the ambit of recusal will be discussed in this article to seek the basic principles and standard of recusal of the public servants. Likewise, Conclusion and suggestion will be refereed to revise the current legislation and to fit for demands of the practice.


Keywords: recusal, justice, Natur der Sache , conflict of interest, forbiddance of bias