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A study on the Roles Played by the Anti-corruption Authorities and Functionaries in Taiwan and Their Anti-corrupt PerformanceHung, Wu-po 14 July 2005 (has links)
Since 1995, the Transparency International (known as TI in brief) has assembled and set up the Corruption Perception Index (CPI) based on the findings of investigation into a variety of corrupt practices and promulgated the CPI simultaneously to the entire world every year. Today, CPI has been extensively adopted throughout the world as the index of social economy to deal with corruption.
The International Institute for Management Development of Switzerland (known as IMD in brief), on the other hand, promulgates the national competitive edge assessment report every year. The assessment report has aroused critical concern from all key people concerned, both in and out of the government and has been taken as the guidepost for government performance.
The disclosure of the aforementioned figures apparently suggests that the overall government performance signifies the spirit, construct, lifestyle, integrity and the performance of duty in combination. The ¡§Proposal to Enhance Decent Moral¡¨, if put into effect thoroughly, must upgrade and spruce up the government image in integrity and function as a catalyst to guide the entire society up to further enhancement. As a result, countries throughout the world have faithfully enforced the anti-corruption.
The present study conducts analysis over such systems well performed in Singapore, Hong Kong, Japan and such countries take a comparison with the anti-corrupt organization in Taiwan and anti-corrupt laws and regulations concerned to find out the differences. I, the researcher of the present case, have served with the jurisdictional authority. In my capacity and my expertise in such backgrounds, I will probe into the roles and duties played and performed by the anti-corrupt functionaries through my in-house capacity. It is hoped that in the project of jurisdictional reform, we will be able to enhance the public confidence in the jurisdictional discipline and jurisdictional reliance. The findings so yielded from the study will function as handy reference to the anti-corrupt authorities and functionaries as well as the judicial reform.
Among the six major national governance indices latest promulgated by the World Bank, the Republic of China on Taiwan was rated in significant improvement in democracy and freedom of speech. On the other hand, nevertheless, the government efficiency shows a phenomenon of standstill. Meanwhile, Taiwan shows backwardness in the aspects of rule of law, anti-corruption and political stability (Cf. China Times 2005). The findings yielded through the present study may be generalized into the following highlights:¡]I¡^ Taiwan government shows inadequate effort to publicize the ¡§anti-corruption and government official integrity¡¨¡]II¡^ The top barriers against the government efforts in anti-corruption are apparently ¡§insufficient resolve and boldness in the government. ¡]III¡^. The public lack in the trust on the judicial officers. ¡]IV¡^ Enhancement in education in promoting the judicial reform to eradicate bribery, lobbying and unsound social culture should be stepped up.¡]V¡^. The public definitely desires to set up the exclusive anti-corruption authorities as the short-term measures to bring up immediate results. In-short, in the efforts of ¡§government reform¡¨, integrity and efficiency represent the very fundamental demands in the eyes of public. Chang Chu-cheng, a renowned premier in the Ming Dynasty, once said: ¡§The trouble of a nation does not necessarily result from legislation. It results from inadequate enforcement of laws¡¨. The present study, therefore, yields the concrete proposal that the government should set up ¡§Integrity Agency¡¨ as the exclusive anti-corruption authority which is indispensable to eradicate corruption and boost national competitive edge.
Key words: Department of government ethics, government ethics official , roles, performance in enforcement, corruption.
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An Examination of the Common Law Obligation of Good Faith in the Performance and Enforcement of Commercial Contracts in AustraliaDixon, William Michael January 2005 (has links)
This examination of the common law obligation of good faith in the performance and enforcement of commercial contracts in Australia seeks to achieve a number of objectives. First, to chart the historical development of the implied good faith obligation. Secondly, to identify a number of issues that remain unresolved at Australian lower court level. Thirdly, to consider five doctrinal approaches that could be adopted by the High Court when ultimately confronted by the competing claims and tensions that have proven divisive in the courts below. Fourthly, to assess each approach against three identified benchmarks. The essential thesis is that good faith should be implied, as a matter of law, in commercial contracts that are relational in nature with an additional call being made for the High Court to explicitly recognise that the underlying basis of the implied good faith obligation is the reasonable expectations of the contractual parties. This approach is the one approach that satisfies all three benchmarks and provides the most satisfactory resolution of the issues that presently bedevil the commercial good faith debate in Australia.
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