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Taiwan 2002 |
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Government |
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Five Government BranchesThe ROC Constitution provides for a central government with five "yuan" (branches)--the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan, and the Control Yuan.
Executive YuanThe Executive Yuan has a president, usually referred to as the premier of the ROC; a vice premier; a number of ministers and chairpersons of commissions; and five to seven ministers-without-portfolio. The premier is appointed by the president of the Republic. If the premier resigns or if his office becomes vacant, office functions are temporarily exercised by the vice premier. The vice premier, ministers, and chairpersons are appointed by the president of the Republic on the recommendation of the premier. In addition to supervising the operations of the various subordinate agencies of the Executive Yuan, the premier is also responsible for the following: performing the duties of the president of the Republic in the event of vacancies in both the presidency and the vice presidency (limited to three months); presenting administrative policies and reports to the Legislature and responding, either orally or in writing, to the interpellations of legislators; countersigning laws and decrees promulgated by the president of the Republic; and requesting, with the approval of the president, the Legislative Yuan to reconsider its resolutions.
Executive Yuan CouncilThe Executive Yuan Council is a policymaking organization, which consists of the premier, who presides over its meetings, the vice premier, ministers-without-portfolio, the heads of the ROC's eight ministries, and the heads of the Mongolian and Tibetan Affairs Commission and the Overseas Chinese Affairs Commission. According to Article 58 of the Constitution, the council evaluates statutory and budgetary bills and bills concerning martial law, amnesty, declarations of war, conclusion of peace or treaties, and other important affairs, which are to be submitted to the Legislature, as well as matters of common concern to the various ministries and commissions. The council may invite heads of other Executive Yuan organizations to attend council meetings and answer any questions that may arise pertaining to affairs under their jurisdiction. The secretary-general and the deputy secretary-general also attend the meetings; however, they have no vote.
Ministries and Other OrganizationsThere are eight ministries under the Executive Yuan: Interior 內政, Foreign Affairs 外交, National Defense 國防, Finance 財政, Education 教育, Justice 法務, Economic Affairs 經濟, and Transportation and Communications 交通.In addition to the Mongolian and Tibetan Affairs Commission and the Overseas Chinese Affairs Commission, a number of commissions and subordinate organizations have been formed with the resolution of the Executive Yuan council and the Legislature to meet new demands and handle new affairs. Examples include the Environmental Protection Administration 環境保護署, which was set up in 1987; the Mainland Affairs Council 大陸委員會, which was established in 1990 to handle the relations between Taiwan and the Chinese mainland; the Fair Trade Commission 公平交易委員會, which was established in 1992 to promote a fair trade system; and the Consumer Protection Commission 消費者保護委員會, which was set up in July 1994 to study and review basic policies on consumer protection. Since 1995, additional commissions have been set up to provide a wider scope of services: the Public Construction Commission 公共工程委員會 was set up in July 1995, the Council of Indigenous Peoples 原住民族委員會 in December 1996, the National Council on Physical Fitness and Sports 體育委員會 in July 1997, the Coast Guard Administration 海岸巡防署 in January 2000, and the Council for Hakka Affairs 客家委員會 in June 2000. In accordance with the File Law 檔案法 promulgated by the ROC president on December 15, 1999, the National Archives of the ROC 檔案管理局 was placed under the authority of the Executive Yuan's Research, Development, and Evaluation Commission 行政院研究發展考核委員會 on November 23, 2001. The new organization formulates laws and policies on file management and assists all government agencies in managing their files.
Relationship with the Legislative YuanThe Executive Yuan presents the Legislative Yuan with an annual policy statement and an administrative report. When the Legislative Yuan is in session, its members have the right to interpellate the premier, ministers, and chairpersons of commissions of the Executive Yuan.If the Legislative Yuan disagrees with an important policy of the Executive Yuan, it may, by resolution, request the Executive Yuan to alter it. The Executive Yuan may, with the approval of the president of the Republic, request the Legislature's reconsideration. If after reconsideration one-half of the attending members of the Legislature uphold the original resolution, the premier must either abide by the resolution or resign from office. Similar procedures apply, if the Executive Yuan considers a resolution on a statutory, budgetary, or treaty bill passed by the Legislative Yuan difficult to execute. The Executive Yuan shall, three months prior to the end of each fiscal year, present to the Legislative Yuan the budgetary bill for the following fiscal year. With the signatures of more than one-third of the total number of legislators, the Legislative Yuan may propose a no-confidence vote against the premier. Seventy-two hours after the no-confidence motion is made, an open-ballot vote must be taken within 48 hours. Should more than one-half of the total number of Legislative Yuan members approve the motion, the premier must resign from office within ten days and at the same time may request that the president dissolve the Legislative Yuan. Should the no-confidence motion fail, the Legislative Yuan may not initiate another no-confidence motion against the same premier for one year.
Relationship with the Judicial YuanAccording to the constitutional amendment completed in July 1997, the proposed budget submitted by the Judicial Yuan may not be eliminated or reduced by the Executive Yuan. The Executive Yuan may instead indicate its opinions on the budget and include it in the central government's proposed budgetary bill for submission to the Legislative Yuan for deliberation.
Relationship with the Examination YuanPublic officials to be appointed by the Executive Yuan must be qualified by examinations held by the Examination Yuan.
Relationship with the Control YuanThe Control Yuan has the authority to request the Executive Yuan and its ministries and subordinate organizations to submit original orders issued for examination. It may set up a number of committees to investigate the activities of the Executive Yuan and its ministries and subordinate organizations to determine whether they violated the law or are derelict in their duties. It may propose and forward corrective measures to the Executive Yuan and the agencies concerned. The Executive Yuan shall, within four months after the end of each fiscal year, present final accounts of revenues and expenditures to the Control Yuan for audit.
Legal AffairsThe Ministry of Justice 法務部 handles legal affairs for the Executive Yuan, including prosecution procedures, investigation of crimes, and management of prisons and rehabilitation programs. It consists of the departments of Prosecutorial Affairs 檢察司, Corrections 矯正司, Rehabilitation and Social Protection 保護司, and Legal Affairs 法律事務司. The Investigation Bureau 調查局 is also under its jurisdiction.
Legislative YuanThe Legislative Yuan (Legislature) is the highest legislative body of the state, consisting of popularly elected representatives who serve for three years and are eligible for reelection. Elections for the fifth Legislative Yuan were held in December 2001.
Functions and PowersIn accordance with the Constitution, the Legislature has the following functions and powers:
Article 4 of the Additional Articles of the Constitution of the Republic of China has given the Legislature power to institute impeachment proceedings against the president or vice president of the Republic. Impeachment of the president or vice president will be initiated upon the agreement of more than two-thirds of all members of the Legislative Yuan, after proposal by more than one-half of the legislators. The resolution will be submitted to the National Assembly.
Election and Tenure of OfficeAccording to Article 4 of the Additional Articles of the Constitution of the Republic of China, beginning with the fourth Legislative Yuan, the Legislative Yuan will have 225 members, elected as follows: First, 168 members shall be elected from the special municipalities, counties, and cities in the ROC. At least one member shall be elected in each county and city. Second, four members each shall be elected from among the plains and mountain aborigines in the ROC. Third, eight members shall be elected from among Chinese citizens who reside abroad. Fourth, 41 members shall be elected from the nationwide constituency.Members in the third and fourth categories above shall be selected by proportional representation of political parties. Where the number of seats for each special municipality, county, and city as set forth in the first item, and for each political party as set forth in the third and fourth items, is not less than five and not more than ten, one seat shall be reserved for a female candidate. Where the number exceeds ten, one seat out of each additional ten shall be reserved for a female candidate. Procedures pertaining to the election of members shall be conducted openly by universal, equal, and direct vote by single and secret ballot. The election shall be completed three months prior to the expiration of the current term. If more than 2 percent of the total voters in a district feel that their elected representative has not properly performed, they may file a petition for recall, after the member has been in office for one year. (Article 133 of the Constitution and Article 69 and 70 of the Public Officials Election and Recall Law 公職人員選舉罷免法)
Immunity and RestrictionsAccording to Article 73 of the Constitution, "No member of the Legislative Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan." This is to protect members from outside threats or disturbances, so that they can express their views and cast ballots freely.According to Article 4 of the Additional Articles of the Constitution of the Republic of China, no member of the Legislative Yuan may, except in case of flagrante delicto, be arrested or detained without the permission of the Legislative Yuan when that body is in session. The provisions of Article 74 of the Constitution shall cease to apply. Article 75 of the Constitution states: "No member of the Legislative Yuan shall concurrently hold a government post." This provision completely separates legislative and executive powers to avoid a monopolization of power by members of the Legislature.
Organization and FunctionsThe Legislature operates through sessions of the Yuan, committees, and the secretariat. The Yuan holds two sessions each year and convenes of its own accord. The first session lasts from February to the end of May, and the second from September to the end of December. Whenever necessary, a session may be extended. An extraordinary session may be held at the request of no less than one-fourth of its members. Regular meetings of the Legislature require a quorum of one-third of the total membership. Unless otherwise stipulated, resolutions at meetings of the Legislature are adopted by a simple majority vote. In case of a tie, the chairman casts the deciding vote.In exercising the power of consent in accordance with Article 104 of the Constitution, the Legislative Yuan may vote on the matter, after hearing the report of the committee of the whole Yuan. The chairman is elected by and from the members present at a meeting of the committee of the whole Yuan, when the president and vice president of the Yuan are both absent. The Legislative Yuan has the following 12 standing committees: Home and Border Affairs 內政及邊政委員會, Foreign and Overseas Chinese Affairs 外交及僑政委員會, Technology and Information 科技及資訊委員會, National Defense 國防委員會, Economics and Energy 經濟及能源委員會, Finance 財政委員會, Budget and Final Accounts 預算及決算委員會, Education and Cultural Affairs 教育及文化委員會, Transportation and Communications 交通委員會, Judiciary 司法委員會, Organic Laws 法制委員會, and Health, Environment and Social Welfare 衛生環境及社會福利委員會. Each of the committees is composed of not more than 21 members, and no member may serve on more than one committee. The Legislature has the following five special committees: Discipline 紀律委員會, Rules 程序委員會, Accounts 經費稽核委員會, Publications 公報指導委員會, and Constitutional Amendment 修憲委員會.
Judicial YuanThe Judicial Yuan (Judiciary) is the highest judicial organization of the state, with the Council of Grand Justices 大法官會議 as its main body. According to Article 3 of the Organic Law of the Judicial Yuan 司法院組織法, there shall be 17 grand justices, even though there are only 15 at present. However, Article 5 of the Additional Articles of the Constitution reduced the number to 15, including the president and the vice president of the Judicial Yuan to be selected from among the members. The grand justices are nominated and appointed by the president of the Republic, with the consent of the Legislative Yuan. This will take effect from the year 2003, and the provisions of Article 79 of the Constitution will no longer apply. The subordinate units of the Judicial Yuan are the Supreme Court 最高法院, the high courts 高等法院, the district courts 地方法院, the Supreme Administrative Court 最高行政法院, the high administrative courts 高等行政法院, and the Commission on the Disciplinary Sanctions of Public Functionaries 公務人員懲戒委員會. The Judiciary exercises administrative supervision of the ROC court system, while enforcing compliance by ROC court personnel with constitutionally mandated judicial independence.
The Council of Grand JusticesThe sixth Council of Grand Justices 大法官會議 took office on October 1, 1994, following confirmation by the National Assembly for a nine-year term. However, according to Article 5 of the Additional Articles of the Constitution, each grand justice serves a term of eight years, regardless of the order of appointment to office and cannot serve an additional term. The president and vice president of the Judicial Yuan are not guaranteed an eight-year term.Among the grand justices to be nominated by the president in the year 2003, eight members, including the president and the vice president of the Judicial Yuan, will serve for four years. The remaining grand justices will serve eight years. The provisions of the preceding paragraph regarding term of office will not apply. The Council of Grand Justices interprets the Constitution and unifies the interpretation of laws and ordinances. The Council meets three times a week and holds additional meetings as necessary. Oral proceedings may be held whenever the need arises. After an interpretation of the Constitution or unified interpretation of a law is made, the Judiciary publishes the text of the interpretation, the reasons supporting it, and any dissenting opinions.
Interpretation of the ConstitutionFrom 1948 to July 20, 2001, the Council of Grand Justices rendered 529 interpretations of the Constitution at the request of government agencies, individuals, juridical persons, and political parties. Constitutional interpretations are made when there are doubts or disputes concerning:
Unified Interpretation of Laws and OrdinancesA petition for a unified interpretation of a law or ordinance may be filed with the Council of Grand Justices if:
The Constitutional CourtIn December 1993, the Judiciary formally established a Constitutional Court 憲法法庭, in accordance with Article 13 of the previous version of the Additional Articles of the Constitution and the revised Organic Law of the Judicial Yuan, to adjudicate cases concerning the dissolution of political parties that have violated the Constitution. The Constitutional Court is composed of the grand justices and presided over by its most senior member.The Ministry of the Interior may, as the agency overseeing political parties, petition the Constitutional Court for the dissolution of a political party whose objectives and activities are found to endanger the existence of the ROC or its free and democratic constitutional order.
Commission on the Disciplinary Sanctions of Public FunctionariesThe Control Yuan may impeach a public official for malfeasance, dereliction of duty, other neglect of duty, or if the head of any of the various branches, ministries or commissions or the highest local administrative head requests a disciplinary measure against a public official for these reasons. The Commission on the Disciplinary Sanctions of Public Functionaries, under the Judicial Yuan, exercises jurisdiction over such cases.The Commission consists of nine to 15 senior members, one of whom serves as the Chief Commissioner. Cases are decided without outside interference. The Commission orders the impeached public official to submit a written reply within a prescribed period of time and, when it deems necessary, may summon the person to appear before the Commission to defend himself. The conference is not open to the public and its proceedings are strictly confidential. There are six disciplinary measures which the Commission may order: dismissal, suspension from office, demotion, reduction of salary, demerit, and reprimand. Only dismissal and reprimand are applicable to political appointees.
The ROC Court SystemThe judiciary of the Republic of China has three levels: district courts and their branches that hear civil and criminal cases in the first instance; high courts and their branches at the intermediate level that hear appeals against judgments of district courts or their branches; and the Supreme Court at the highest appellate level, which reviews judgments by lower courts for compliance with pertinent laws or regulations. Issues of fact are decided in the first and second levels, while only issues of law are considered by the Supreme Court. However, there are exceptions to this system. Criminal cases relating to rebellion, treason, and offenses against friendly relations with foreign states are handled by high courts, as the court of first instance; and appeals may be filed with the Supreme Court.
District CourtsThere are 20 district courts in the Taiwan area. Each has a president, appointed from among the judges, who is in charge of the administrative work of the court. Each court is divided into civil 民事庭, criminal 刑事庭, and summary divisions 民刑事簡易庭. Currently there are 45 summary divisions in the Taiwan area to adjudicate cases in a prompt and expeditious manner. Summary proceedings are conducted by a single judge. In addition, there is the Juvenile Court of Kaohsiung 高雄少年法院 established in accordance with the Law Governing the Disposition of Juvenile Cases 少年事件處理法. Appeals may be filed with the civil or criminal division of the district court for review by a three-judge panel.Specialized divisions may also be set up by district courts to deal with juvenile, family, traffic, financial, and labor cases, as well as motions to set aside rulings on the violations of the Statute of the Maintenance of Social Order 社會秩序維護法. Cases to be tried by a district court are heard before a single judge, although more important cases may be heard by three judges.
High CourtsAt present there is one high court in Taipei serving all of Taiwan and the Pescadores, with four branch courts in Taichung, Tainan, Kaohsiung, and Hualien. In the part of Fujian Province under the control of the ROC, there is the Kinmen Branch Court of the Fujian High Court 福建高等法院金門分院, which exercises jurisdiction over appellate cases in Kinmen County and Lienchiang County. A senior judge of the High Court is appointed to serve concurrently as president of the court in charge of the administrative work of the court and its subordinate units.The High Court is divided into civil and criminal, as well as specialized divisions dealing with juvenile, traffic, and labor cases. Each division has a presiding judge and associates. Cases to be tried by the High Court are heard before a three-judge panel. However, one of the judges may conduct the preliminary proceedings alone. The High Court and its branches exercise jurisdiction over the following cases:
The Supreme CourtAlthough it is under the administrative supervision of the Judicial Yuan, the entire ROC court system has judicial independence in criminal and civil matters of law. The Supreme Court is the court of final appeal in the ROC judicial system.The Supreme Court has a president, who is responsible for the administrative work of the Court and is concurrently a judge. The Supreme Court is divided into eight civil divisions and 12 criminal divisions. An appeal may be made to the Supreme Court only on grounds that the lower court's decision violates a law or ordinance. Since the Supreme Court does not decide questions of fact, documentary proceedings are the rule, while oral arguments are the exception. Cases before the Supreme Court are tried by five judges. The Supreme Court exercises jurisdiction over the following kinds of cases:
The Supreme and High Administrative CourtsOn July 1, 2000, the amended Organic Law of the Administrative Court 行政法院組織法 became effective. The new law adopts the "two-level and two-instance system" for administrative litigation. As a result, one Supreme Administrative Court and three high administrative Courts have been established in Taipei, Taichung and Kaohsiung to adjudicate administrative cases.The administrative courts have a different authority from that of the other courts in the system. Any person who claims that his rights or legal interests are violated by an unlawful administrative action rendered by a government agency may institute administrative proceedings before the high administrative court. This right is available on objection to the decision on an administrative appeal submitted in accordance with the Law of Administrative Appeal 訴願法, or if no decision is rendered over three months after the submission of an administrative appeal, or over two months of extension after the prescribed period for decision has expired. An administrative action, which exceeds the legal authority of the government agency or which results from an abuse of power, is unlawful. Cases before a high administrative court are tried by three judges. Appeals may be filed with the Supreme Administrative Courts for review by a five-judge panel. The high administrative courts decide questions of both fact and law, while the Supreme Administrative Court decides only questions of law.
Judicial ReformSignificant reforms are being carried out to reorganize the ROC judicial system and ensure fair trials. The National Conference on Judicial Reform held in July 1999, proposed that experts be brought into Taiwan's courts to assist in the trying of cases which involve family affairs, juvenile crimes, labor and medical disputes, and intellectual property rights. Also, assessors may be called into court on major criminal and administrative cases to assist presiding judges who may not necessarily be equipped with a technical expertise in specialized areas.A framework for transforming the role of the judicial branch was reached. The Judiciary's short-term reform plan will establish civil, criminal, constitutional, and administrative courts. The long-term reform plan will seat 13 to 15 grand justices, who will be responsible for civil, criminal, and administrative litigation, as well as cases on disciplining public functionaries, dissolving political parties, and interpreting the Constitution. Changes in the Judiciary are expected to increase public confidence in the independence of the judicial system.
Examination YuanThe Examination Yuan is responsible for the civil service system in the Republic of China. Specifically, the Examination Yuan oversees examination; qualification screening; security of tenure; pecuniary aid in case of death; retirement of civil servants; and all legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation, and award of civil servants.The examination system is applicable to all Chinese civil servants, high- or low-ranking, appointed or elected and is applicable to Chinese and foreign professionals and technicians. The examination function, exercised solely by the Examination Yuan at the central government level, is separated from the executive power and is free from partisan influence.
Organization and FunctionsThe Examination Yuan currently has a president and 17 members, all of whom were appointed on September 1, 1996, for six-year terms by the president of the ROC with the approval of the National Assembly. However, the appointment of the tenth-term Examination Yuan council shall be approved by the Legislative Yuan, in accordance with Article 6 of the Additional Articles of the Constitution. The Examination Yuan consists of a council, a secretariat, the Ministry of Examination 考選部, the Ministry of Civil Service 銓敘部, the Civil Service Protection and Training Commission 公務員保障暨培訓委員會, and the Supervisory Board for the Civil Servant Pension Fund 公務人員退休撫卹基金監理委員會. The Examination Yuan also supervises the operations of the Central Personnel Administration 人事行政局, established under the Executive Yuan in 1967.The council of the Examination Yuan 考試委員會 makes policy and decides all significant matters within the jurisdiction of the Examination Yuan. Various examination boards are formed each year under the chairmanship of the president, the vice president, or a member of the Examination Yuan. Members of examination boards formulate questions for and grade the examinations. They also determine the number of successful candidates in each examination. In addition, committees may be set up to facilitate the administration of examinations and personnel projects. The Ministry of Examination oversees all civil service, professional, and technological examinations. The Ministry of Civil Service is in charge of the government personnel system throughout the nation.
ExaminationsThe two main types of government examinations in the ROC are Civil Service Examinations 公務人員考試 and Examinations for Professionals and Technologists 專門職業及技術人員考試. Civil Service Examinations are divided into the following types:
Examinations for Professionals and Technologists are divided into the following types:
The Ministry of Examination also screens qualifications for candidates running for elected posts, military personnel transferring to the civil service, and Chinese nationals and non-nationals for their technical skills. Examinations for senior and junior civil servants are conducted every year, every other year, or whenever necessary. Categories of personnel needed, subjects to be tested, and dates are announced by the Ministry of Examination two months before the examination.
Civil ServantsThere were 602,407 civil servants in the ROC at the end of 2000. ROC civil servants are well-educated, with 77.23 percent holding college degrees or higher. The majority--58.47 percent--were male, however, an increasing number of women have joined the civil service in recent years.Unlike the political appointees whom they serve, civil servants are classified into senior 簡任 (grades 10-14), intermediate 薦任 (grades 6-9), or junior 委任 (grades 1-5) levels. The 14 levels of administration reflect an employee's abilities, experience, and seniority. Salary increases with grade, and civil servants at grade 14 can earn up to five times that of those at grade one. Each year civil servants are reviewed by their superiors. Those who receive good reviews receive an annual increase in grade. However, it is necessary to either pass a difficult civil service exam or be specially recommended by a superior to enter grades six and ten.
Control YuanThe Control Yuan is the highest control organization of the state, exercising the powers of impeachment, censure, and audit. The Control Yuan was formerly a parliamentary body, with its members elected by provincial and municipal councils. However, constitutional amendments in May 1992 transformed it into a quasi-judicial organization. The new Control Yuan began operations on February 1, 1993. From July 1997 onwards, it no longer had the power to institute the impeachment against the president and vice president of the Republic, and the Legislative Yuan was empowered by constitutional amendment to take over the duty. The 29 current members took office on February 1, 1999. The president, vice president, and members were nominated and appointed by the president of the ROC with the consent of the National Assembly, as required by the earlier version of the Additional Articles of the Constitution. However, according to the present version of the Additional Articles of the Constitution, nominations of the fourth-term members require the consent of the Legislative Yuan. The term of office for all members is six years.
OrganizationThe Control Yuan council, which is composed of the president, vice president, and 27 other members, makes policy on significant matters. Meetings are held monthly with the president acting as chairman. The Control Yuan has seven committees, which handle cases on domestic and ethnic minority affairs 內政及少數民族委員會, foreign and overseas Chinese affairs 外交及僑政委員會, national defense and intelligence affairs 國防及情報委員會, finance and economic affairs 財政及經濟委員會, education and cultural affairs 教育及文化委員會, transportation, communications and purchase affairs 交通及採購委員會, and judicial affairs and prison administration 司法及獄政委員會. Each Control Yuan member may join three of the seven committees and participate in other committees as a nonvoting member. Each committee elects a convener from among its members to handle routine affairs.
MembersControl Yuan members are responsible for correcting government officials at all levels and generally monitoring the government. Members of the Control Yuan must be beyond party control, exercise their powers independently, and discharge their responsibilities in accordance with the law. Article 103 of the Constitution also stipulates that "no member of the Control Yuan shall concurrently hold any other public office or engage in any other profession."
FunctionsThe Constitution defines the Control Yuan as the highest control organization of the Republic. It is empowered to institute impeachment proceedings against public officials of the central or local government, except for the president and the vice president of the Republic, if that individual is guilty of dereliction of duty or violation of law. A decision concerning a motion for impeachment requires the concurrence of nine Control Yuan members other than those who initiated the motion. If the case is affirmed in the Control Yuan it goes to the appropriate authority for action--the Commission on the Disciplinary Sanctions of Public Functionaries in the case of a civil servant, or the Ministry of National Defense for military personnel.A Control Yuan member may, with the support of three other members, file a written censure against a public official, whose offense requires immediate suspension of duty or punishment. Pending legal proceedings, the superior of a censured official must follow the Law on Discipline of Public Functionaries 公務員懲戒法 within one month of receiving the written censure. The Control Yuan may investigate the operations of the Executive Yuan and its subordinate organizations and propose corrective measures to be examined by relevant committees and referred to the relevant ministry or commission, which must take appropriate action and report to the Control Yuan in writing. Under the Control Law 監察法, citizens are authorized to initiate proceedings against public officials by filing a written complaint with the Control Yuan. The complaint and any supporting evidence is considered by the member on duty, who will decide appropriate action. The members of the Control Yuan or their designees may conduct field investigations of public or private organizations based on complaints or press reports regarding dereliction of duty or violation of law. They may also initiate investigations. The Control Yuan exercises its power of audit through its National Audit Office 審計部, which establishes audit departments in provinces and special municipalities and sets up county and city audit offices. Audit departments or offices may be established within special government agencies, state-run enterprises, or public institutions. According to the Constitution, the auditor-general is nominated by the president of the Republic of China and appointed with the consent of the Legislature. The auditor-general is responsible for auditing central government expenditures. The National Audit Office monitors public affairs, properties, institutions, as well as enterprises in which the state owns at least 50 percent. Auditing duties and functions include supervision of all government organization budgets, approval of receipts and disbursements, investigation of irregularities and abuse of power in property and financial administration, evaluation of the efficiency of financial administration, decisions on financial responsibilities, and other auditing functions prescribed by law. The audit agencies also monitor government bids, contract awards, and proceedings concerning the redemption of bonds and conduct random inspections of ongoing construction projects. The Control Yuan established the Department of Assets Disclosure for Public Functionaries 公職人員財產申報處 in August 1993. In accordance with Article 4 of the Public Functionary Assets Disclosure Law 公職人員財產申報法, the Control Yuan receives assets disclosure reports from the president and vice president of the Republic, the presidents and vice presidents of the five Yuan, political appointees, paid advisors to the president of the Republic, elected officials at the level of township magistrates or above, and elected representatives of counties and cities under provincial jurisdiction and higher administrative units.
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