公務人員行政中立法執行過程與成效研析

Abstract

我國為因應政治環境發展趨勢，俾利政黨良性競爭，確保公務人員行政中立，健全現行文官制度，業於2009年6月10日公布實施公務人員行政中立法，惟在法制規範面及制度執行面未臻完備，實有重新檢討改進之必要。本研究採公共政策分析途徑，研究方法係以質性研究中多重個案研究法來探討中立法之相關問題；採用半結構訪談方式進行研究，就中立法之標的團體、執行人員、主管機關、專家學者及立法主管機關等23人員，深入訪談了解中立法執行現況，檢討中立法制定過程、規範內容、分析執行成效及影響有效執行之因素，進一步提出相關改進建議，以期維護公務人員權益，型塑優良政治文化。 本論文主要研究發現包括：一、法制規範面向：(一)行政中立法部分，法規制定過程不夠周延完備，規範未明確合宜，均會影響中立法執行成效；(二)其他相關人事法制部分，政務人員法尚未通過，未能有效推動中立法實施；中立法與公務員服務法性質類似。二、實務及制度面向：(一) 機關首長及政務人員缺乏中立法觀念；(二) 溝通執行缺乏清晰及一致性；(三) 調查監督機制權責仍須釐清；(四)中央與地方執行有所落差；(五)保障救濟制度仍顯不足；(六)人事陞遷及降調制度尚欠完備；(七) 行政中立觀念淡薄無實務經驗；(八) 政黨、民代介入甚鉅，政治文化有待提升。 政策建議包括：一、法制規範面向：(一)全面檢討中立法；(二)健全其他人事相關法制，積極推動政務人員法，加重違反行政中立之罰則，考慮納入公務人員基準法規定。二、實務及制度面向：（一）強化機關首長及政務人員之中立法理念；(二)訂定執行標準適時宣導案例；(三)成立獨立調查委員會及職務法庭；(四)中央與地方可分層次規範；(五)健全保障救濟制度；(六)精進人事陞遷降調制度；(七) 加強中立法實務訓練與公務倫理概念；(八) 改善政治環境，培養政治文化素養。

For the purposes of responding to trends in the political environment, facilitating healthy competition between political parties, ensuring administrative neutrality among civil servants, and enhancing the existing civil service system, the Civil Service Administrative Neutrality Act was announced and implemented in Taiwan on June 10, 2009. However, the regulatory aspects and the practical aspects of the law have yet to become fully developed, and there is a need for performance reviews and improvements. This study adopted a public policy analysis approach, and applies qualitative research in the form of multiple case studies, to explore the issues in the Neutrality Act. The study was conducted with semi-structured interviews with 23 individuals from the target groups of the Neutrality Act, the enforcement personnel, the competent authorities, experts and scholars, and the legislative authorities. The current development in the enforcement of the Neutrality Act was discussed in depth in the interviews, and the process of drafting the Neutrality Act, its contents, the result analysis, and factors that might hinder its effectiveness were reviewed, followed by recommendations with the aim to protect the rights of civil servants and develop a positive political culture. The main findings of this study include the following: (1) Regulatory aspects: (i) With respect to the Administrative Neutrality Act, the drafting process did not take sufficient details into account, and the rules were not sufficiently clear or appropriate, both of which would have an impact of the effectiveness of the implementation; and (ii) with respect to other personnel legislation, the Political Appointee Act has not been passed, which prevents the effective implementation of the Neutrality Act; the Neutrality Act and the Civil Servant Service Act are similar in nature. (2) Practical and systematic aspects: (i) There was a lack of awareness of the Neutrality Act among the department heads and political appointees; (ii) there was a lack of clarity and consistency in the execution of communication; (iii) the authority of the investigation and supervisory systems required further clarification; (iv) there was a gap between implementation at the central government level and at the local government level; (v) the guaranteed relief system remained inadequate; (vi) the rules for personnel promotion and demotion remain insufficiently developed; (vii) a lack of awareness and practical experience regarding administrative neutrality; and (viii) interference from political parties and political representatives was strong and the political culture remained to be improved. The policy recommendations include the following: (1) Regulatory aspects: (i) a full review of the Neutrality Act; (ii) further development of the other personnel related legislations, lobby for the Political Appointee Act, and more severe punishments for violations of administrative neutrality with an assessment of the feasibility of adding them to the Civil Service Act. (2) Practical and systematic aspects: (i) To strengthen the understanding of the Neutrality Act among department heads and political appointees; (ii) to establish examples of standard and timely campaigns; (iii) to set up independent investigation committees and performance inquiries; (iv) to establish separate levels of regulation for the central and local governments; (v) to further develop the guaranteed relief systems; (vi) to enhance the personnel promotion and demotion systems; (vii) to reinforce the practical training regarding the Neutrality Act and the awareness of civil service ethics; and (viii) to improve the political environment and develop a healthier political culture.