摘要: | 台灣的全球廉潔度排名,從1995年以來表現不佳,始終落後先進國家一段距離,其原因值得關注。本論文嘗試融和新制度主義、歷史結構研究途徑和廉政相關理論,建立分析架構,並以孫中山的廉政思想作為探針,檢視台灣不同時期的廉政建設。研究發現,台灣的廉政表現因為受到國內外局勢變化、領導者主觀意志、廉政機構首長任內肅貪作為及廉政制度安排和政策制定等等因素影響,而呈現不同樣貌。
在威權統治時期,領導者主觀意志主導了國家廉政建設發展,肅貪機關首長較不易受外在政治因素干擾,而能在任內採取較有效能的反貪行動。此一階段,雖然法制基礎薄弱、制度設計不佳,卻頗能展現肅貪成果。到了民主轉型時期,由於主政者玩權弄法、以權牟私,國家廉政建設反而裹足不前。此一階段,肅貪機構首長雖有企圖心,卻難展抱負。及至民主鞏固時期,領導者及肅貪機構首長雖然廉潔自持,但構成廉政建設支柱之其他部門及公民社會力量,並未能充份發揮作用,因而廉政建設未能有明顯起色。
審視孫中山所構思之廉政體系及相應之治理作為,對照國際組織所建構之理想廉政體系和善治理念,兩者可謂不謀而合,就此而言,孫中山廉能思想實已涵容了現代性元素並符合世界潮流。從孫中山廉能思想檢視我國之廉政建設,本論文得出之政策建議為:首先,強化立法院、肅貪機構、監察院、企業、公民社會、政黨、及媒體等內外部監督制衡機制及其協力關係;其次,加強透明度、法治基礎、政府效能、監管品質、貪腐控制、公眾參與和問責等功能發揮。綜合來說,需要在廉政機關重構、領導者權力制衡、媒體監督的強化、政黨及立法院監督機制、企業誠信、公民反貪意識和社會反貪網絡等面向認真興革,我國才有機會向上提昇,成為高度廉潔國家。
The ranking of Taiwan in the Transparency International's Annual Corruption Perceptions Index, staying behind the performance of the advanced countries, has been relatively poor since 1995.The reasons are worth for concern and study.This dissertation tries to establish a research framework by converging the new institutionalism, the historical and structural approach as well as discussion of relevant theories.In the meatime, the dissertation reviews the development of integrity system in Taiwan during different periods with Sun Yet-sen’s incorruptibiligy thought. We find out that the performance of anti-corruption in Taiwan are affected by domestic and international situations, the will of president, the performance of anti-corruption agencies' leaders, as well as the institutional arrangement and policymaking for clean politics. In the period of authoritarian rule, the will of president dominated the development of integrity system. During this period, the anti-corruption agencies' leaders were not interfered by political factors and were able to take effective actions to counter corruption. Although the legal basis and system design were not sufficient, anti-corruption functions still exerted well. In the period of democratic transition, the integrity system made no progress due to the abuse of power by the presidents. In spite of the ambition of anti-corruption agencies' leaders, they were difficult to really take actions. In the period of democratic consolidation, the president and anti-corruption agencies' leaders are incorruptible by themselves, however, the anti-corruption functions of the other departments and the civil society are too weak to take full play.
Comparing Sun Yet-Sen's integrity thought and corresponding governance actions with the integrity system and the ideas of good governance constructed by the Transparency International, they are congruent with each other. In this sense, we can say that Sun Yet-sen’s integrity thought posses the elements of modernity and corresponds with the world trend. Reviewing the development of anti-corruuption system in Taiwan with Sun Yet-sen’s integrity thought, we propose the following policy recommendations: Firstly, we must enhance internal and external monitoring mechanisms and partnerships between political parties,legislative branch of government, anti-corruption agencies, Control Yuan, civil society, business and media. Secondly, we must strengthen transparency, rule of law, government effectiveness, regulatory quality, control corruption, participation and accountability. In sum, we should restructure the anti-corruption agencies, counterbalance presidential power, strengthen media supervision, establish monitoring mechanisms in Legislative Yuan and political parties, promote corporate integrity, enhance civic anti-corruption consciousness by education, and build an anti-corruption social network. Thus, we can get the chance to make progress in promoting the state and civil society of Taiwan upward and reach to the high level of clean politics. |