- 學位論文
台灣貪污犯罪形成模式之初探性研究
Pilot Study on the Formation of Corruptive Crime in Taiwan
摘要
嚴重的貪污犯罪，不僅會摧毀人民對國家的信心與認同，亦會影響國家的國際形象。為瞭解台灣貪污犯罪形成之現況及成因，本研究以司法院法學資料全文檢索93年度觸犯貪污治罪條例及刑法瀆職罪章，終結實體判決有罪貪污案件138個案例進行檔案資料分析。為進一步瞭解貪污犯罪時之情境、貪污受刑人個人特性與行為經驗、工作及人際的壓力及犯罪發生後之情緒反應等，本研究同時以目的性及選擇性立意抽樣法，對三名貪污個案進行深度訪談。 檔案資料分析之重要發現為：1.貪污犯以男性為主(占88.04%)，絕大部份貪污犯無犯罪前科(82.30%)，主要犯罪動機，因自己貪念而受物慾或金錢誘惑(占52. 本研究63%)為主，發生貪污犯罪事務絕大多數為被告主管事務(占85.17%)。2.貪污犯身分職等上，以中低階公務員為主(占56.94%)。3.貪污金額合計新台幣(以下同)2億6千2百86萬5千4百零1元整；圖利金額合計12億6千1百25萬6千8百87元；自動繳回及沒收金額共計4千3百80萬3千8百84元。4.本研究案例被告，遭宣判一年以上三年未滿有期徒刑(占38.76%)人數最多。 本研究訪談資料最重要研究發現，影響本研究三名個案貪污犯罪主要因素為1.個人不良嗜好、2.投資房地產失利、3.青少年時期未與社會建立強而有力的社會鍵、4.公務員行政裁量權太大，機關缺乏監督管控機制、5.工作情境關係及家庭親情不佳等因素。 綜合檔案資料分析、訪談調查結果及他國廉政經驗，本研究提出八點預防貪污犯罪之建議：1.強化行政倫理核心價值；2.明訂防治貪污法規，確切界定貪污的範圍及相關罰則；3.客觀公正的執行法律；4.確立公職人員財產申報，追查不法資金流向；5.間接證據定罪科刑以提高刑事追訴能；6.加強行政程序的控管作業過程公開、透明並建立有效監督體系；7.建立反貪聯盟；8.成立專責且清廉的肅貪機構。
並列摘要
Pilot Study on the Formation of Corruptive Crime in Taiwan Abstract Severe corruptive crimeases continuously happened in the country will not only destroyed citizen’s confidence and identity to the nation, but also damaged the reputation and competition of the nation worldwide. For understanding the reasons and situations of the corruptive crime in Taiwan, the researcher adopted two different research methods: document analysis and in-depth interview within this research. In document analysis, author searched the database of law reference which detailed covered all the criminal cases in year 2004 made by Taiwan’s Judicial Department in year 2004. After reviewed the reference carefully, the subjects were target cases were narrowed down to the prisoners who involved in corruptive crime and were adjudge guilty. Therefore, the case number of the research was one hundred and eighty-three for whom involved in corruptive crime and were adjudge guilty. Moreover, the researcher adapted objective selective sampling and got three subjects to interview with for to getting better understanding on the questions below: 1. What were tThe special situations when of the corruptive crime happened?, 2. What The were the personalities, behavior patterns, and experiences of the prisoners ones who committed corruptive crime?, 3. What were tThe pressure both from working environments and social lives?, 4. What were tThe emotional reactions after their corruptive crime? . The most important research findings based upon the document analysis are: below: 1. Most of the corruptive prisoners are male (88.04%), not ex-convicts before their corruptive crime, the main reasons of for their corruptive crime are prompted by mercenary motives (52.63%), and, the corruptive crime greatly related to their responsibilities on their duties (85.17%). 2. They were civil servants but in lower-to- middle level (56.94%). 3. The amount of corruptive crime was 262,865,401 new Taiwan dollars, the amount of unfairly favored others was 1,261,256,887 new Taiwan dollars, and the amount they rendered back automatically and was confiscate by the government was 43,803,884 new Taiwan dollars. 4. According to this study, most of the punishments of the crime were no less than 1 years and no more than 3 years of imprisonment (38.76%). From the in-depth interview, researcher found the main reasons for these three subjects who committed corruptive crime arelist below: 1. personal bad habits, 2.loss money in the investments to house market, 3. weak social attachments and /social bonds to the society when they were adolescence, 4. the administratorship of civil servants were more than needed, and the lack of department of regulatory and supervision departments, 5. working circumstances and family relationships were not good or supportive. Based upon the document analysis, in-depth interviews, and incorruption experiences of foreign countries, there were eight suggestions for preventing corruptive crime in the future: 1. Build up the moral issues and ethic value in administration institutes. 2. Amend a set of sound anti-corruption laws which defines what the corruptive crime is and what penalties would give once you offend the law. 3. Implement the law strictly and conduct comprehensive regulatory fairly. 4. Execute the system of declaration property for the officials actually and trace money which comes from the corruptive and illegal behavior on finance. 5. A part of in-corruptive laws should be modified to adopt indirect proof to meet the requirements of function for incorruption. 6. Elaborate the monitoring process of administrative procedure and set the standers for the efficient audit system by publicity. 7. Establish an against-corruption system which covers entire people in order to maintain a clean and efficient government. 8. Establish a specific and clean in-corruptive organization.