The Anti-corruption Act took effect on September 3, 1993. As of November, 1995 the Bureau of Investigation had handled a record number of corruption cases with the number of prosecutions increasing yearly by between 50 and 100%. These facts concretely display the government's resolve in dealing with corruption and the collective efforts by law enforcement agencies. Although the public is already impressed by the anti-corruption efforts, corruption still exists and the people's expectations of the anti-corruption efforts exceed the current situation. Therefore, the government must further increase its efforts to eliminate corruption. Anti-corruption agencies realize that cases of government administrative organs bringing inappropriate pressure to bear and accepting inappropriate gifts and moneys, has created an environment which demands action. Among the reasons behind this situation are ineffective means of notification regarding and enforcement of regulations, incomplete and unclear regulations, the inability of investigatory agencies to effectively investigate and prosecute, and a lack of active cooperation towards anti-corruption measures on the part of high officials at many government levels. Therefore, the Ministry of Justice urgently revised the Anti-corruption Act and other related acts, and presented them to the Administrative Yuan.

A. Aspects of Anti-corruption Work:

a. Trends in corruption statistics

1. In the past 26 months prosecuted cases and defendants have reached an all-time high.

From October, 1993 to November, 1995 prosecutors affiliated with local courts around Taiwan, organized into "Anti-corruption Squads" opened 3,482 new cases, an increase of 47.86% over the period from Auguest, 1991 to September, 1993, prior to the enactment of the Anti- corruption Act. For the same periods, the number of cases prosecuted increased 46.1%, from 935 to 1,366 and defendants prosecuted increased 94.64% from 1,643 to 3,198.

2. Over the past 11 months, the number of cases and defendants prosecuted has decreased over the same period last year. While the number of new cases and prosecutions has increased greatly since the passing of the Anti-corruption Act, recently the growth of the number of new cases has tapered off (1590 from January to November, 1995 - an increase of .96% over the same period a year before) and the number of prosecutions has fallen (530 cases and 1179 defendants from January to November, 1995 - an decrease of 13.68% and 24.61% respectively over the same period a year before). From these figures, it appears that anticorruption activities have had noticable effect and have mostly met the Ministry of Justice's expectations.

b. Low-ranking civil servants made up the bulk of prosecutions.

The 3,198 civil servants prosecuted for corruption over the past 26 months, can be divided into three levels according to their official rank. Low level defendants numbered 1,136 or 35.53% of the total, middle-ranking defendants numbered 618, or 19.33%, and high- ranking defendants numbered 155, or 4.85% of the total. However, if elected officials (378 defendants, or11.82%) are counted as high- ranking civil servants, then the percentage of high-ranking civil servants prosecuted for corruption jumps to 16.67% of the total. In addition to this, non-government employees prosecuted on anti- corruption charges numbered 911 (28.49%). These cases involved charges including misuse of funds totaling NT$7,776,580,792.

c. The conviction rate has risen.

Over the past 30 years, the conviction rate in anti-corruption cases has averaged 42%. Over the past 26 years, the majority of anti- corruption prosecutions have yet to be decided, however, among the 333 decisions to date, 61.21 percent were convictions, an increase of 19%.

B. Aspects of Corruption Prevention Work:

a. Statistical Analysis of Civil Servant Asset Declarations

From September 1, 1993 high-level civil servants have been required to declare their assets. As of November 30, 1995 the Control Yuan had received 4,160 declarations, while other anti-corruption agency and other specifically chosen agencies have received 49,023 declarations. Among those declaring after the deadline, 43 cases were fined by the Control Yuan and 22 were fined by the Ministry of Justice for missing the deadline without an appropriate excuse. In addition, the Control Yuan and Ministry of Justice fined 70 and 12 people respectively for deliberately misrepresenting their assets on their declarations.

b. Statistical analysis of misuse of influence, questionable gifts, and inappropriate entertainment.

In the past 26 months, reported cases of misuse of influence numbered 17,169, while reported cases of giving or receiving questionable gifts numbered 3,550, and reported cases of giving or receiving inappropriate entertainment numbered 338. Also, the number of civil servants investigated for potentially inappropriate living practices numbered 1,062 and the total number of anti-corruption methods came to 4,070.

A. Evaluation

a. Aspects of Anti-corruption Work

1. Anti-Red Envelope Laws

Many factors play a part in the development of the "Red Envelope" (bribe) Culture. The greatest of these is the popular belief that "bribery can raise efficiency" in that it cuts through red tape. Therefore, any efforts to curb corruption must involve an overall improvement in administrative efficiency. To reduce the scope of the "Red Envelope Culture" anti-corruption laws must be changed to punish the giver as well as the receiver.

2. Raising the Conviction Rate

In the past 26 months, the conviction rate in anti-corruption cases has averaged 64%, a 19% increase over years past. However, the overall conviction rate for all non-corruption related criminal prosecutions in Taiwan averages 90%. This shows that prosecutors and investigation agencies must further strengthen their evidence gathering efforts which will further increase their ability to appeal non-guilty verdicts in large corruption cases.

3. Strengthen Witness Protection

From September, 1993 to November, 1995 NT$24,877,000 was spent on rewards for anti-corruption information and witnesses, an increase of over 200 percent over the preceding 26 months. This increase shows the success of the reward incentive program. However, the number of anonymous tips, witnesses using false names and meaningless tips have overloaded investigatory resources. This points to a need to strengthen information channels. Also, in a very few cases, mistakes by anti-corruption agencies have resulted in the exposure the identities of anti-corruption witnesses, reducing the willingness of other witnesses to cooperate.

b. Aspects of Corruption Prevention Work

1. Administrative Anti-corruption Efforts

When charges of corruption against civil servants are dropped for lack of evidence, the director of the accused civil servant's agency often will be satisfied that all legal responsibility as been resolved and will fail to pursue further internal inquiries. This results in a reduction of the effectiveness of administrative anti- corruption efforts (including transferring tainted officials or making official records), and limiting their ability to compliment Ministry of Justice anti- corruption efforts.

2. Corruption Prevention Rules in Need of Improvement

As most officials and civil servants are as yet unclear on regulations regarding corruption prevention, these regulations require further clarification, and channels of information about these regulations must be improved. Anti-corruption rules and methods must be revised to prevent them from becoming obsolete. For example, the definition of misuse of influence must be expanded and all reports of misuse of influence must be officially recorded. Government agencies should be strictly required to report possible cases of official impropriety and to follow up on these cases. Gifts from individuals or organizations which could benefit in any way from the agency's work must absolutely not be accepted. Also, channels of information regarding official anti-corruption work must be improved.

3. Improve Verification of Civil Servant Asset Declarations

From the establishment of the civil servant asset declaration program, the Control Yuan has been responsible for processing these asset declarations and has an obviously better record of verifying these declarations than other anti-corruption agencies. Though the Control Yuan only has 1/3 the human resources the other combined anti-corruption agencies, it has successfully investigated and sentenced over three times as many cases. Due to the fact that the great majority (93%) of civil servant asset declaration forms are kept and processed by the individual agencies, individual asset declarations are rarely fully verified.

4. Evaluation Efficiency

In the interest of evaluation efficiency, the duties and authority of individual agency directors must be clarified so that, under the efforts of these directors, anti-corruption efforts in their agencies can be improved.

B. Improvements

a. Anti-corruption Aspects

1. Effective revisions of anti-corruption laws and regulations

The urgent revision of relevant laws resulted in a lowering of the severity of sentencing in corruption cases. This was done in order to encourage suspects to come forward and confess, reduce the courts' hesitation to impose harsh mandatory sentences, and raise the conviction rate. At the same time "official misuse of power" was redefined in stricter terms, and intent to misuse power is no longer considered a criminal offense. This was done in reaction to public servant's hesitation or inability to carry out their functions for fear of transgression. Also, revisions were made to provide for prosecution of the givers of "red envelopes" as well as the receivers, with the aim of discouraging the practice and establish legislative protection for witnesses.

After a year in committee, the Anti-Corruption Act has yet to pass its second reading in the legislature. Steps should be taken to ensure the approval of this legislation as soon as possible.

2. Raise the status of anti-corruption agencies

The establishment of the Central Anti-Corruption Committee by the Administrative Yuan would create a forum for cooperation by government, professional and social leaders in anti-corruption work. This committee would be responsible for national planning, consulting, and evaluation of anti-corruption efforts. This demonstration of the government's resolve to curb corruption at all levels would meet with the support of the people and inspire trust in the government.

The Administrative Yuan approved the establishment of the committee on February 21, 1995 and its first meeting was held on December 27, 1995.

b. Aspects of Corruption Prevention

1. Actively pursue and correct administrative errors

Statutes relevant to active anti-corruption efforts:

(1). Officials suspected of corruption, but acquitted because of lack of evidence, should be dealt with through administrative methods.

(2). Corruption cases which are not prosecuted or result in acquittals should be followed up by anti-corruption executive squads of the relevant administrative department to check for administrative errors. In the event that such errors are discovered, the details should be delivered to the director of the official's department. This director will review the case and appoint an anonymous group to conduct further inquiries. The results of these inquiries will then be passed on to supervisory agencies seasonally.

2. Revisions of corruption prevention laws and regulations

When officials encounter situations which involve a potential misuse of authority, regardless of whether the situation is actually illegal or not and regardless of whether it influences his performance of his official duties in a proper manner, the official is required to report the incident in writing to his superiors, and the incident must be strictly recorded. In this way, transparency of government operations can be achieved, and corruption-free government can be attained.

3. Effective evaluation of official compliance

The directors of respective agencies are required to lead by example in offering their complete cooperation and support to anti- corruption efforts, and each level of government official is responsible for monitoring their subordinates and evaluating their performance. If an official fails to adhere to the anti-corruption guidelines, his or her superior is to assume that official's administrative responsibilities. In this way, the success of anti- corruption efforts is more assured.

c. Revision of anti-corruption methods

To raise the general acceptance of anti-corruption efforts, plans have been made to make the terminology of these efforts more positive and appealing.

Successful anti-corruption efforts require equal and simultaneous attention to both anti-corruption action and corruption prevention, and the revision of applicable laws and regulations. The goal of these efforts are to ultimately resolve this age-old problem of corruption. In the past 26 years, we have achieved a decline in corruption, but two problems remain. First, revision of the applicable laws and regulations remains incomplete. Secondly, the people are still unsatisfied with the existing level of corruption in the government. Therefore, we must reconcile ourselves to the fact that the fight against official corruption is a long-term and comprehensive effort and must pursue these efforts with patience and persistence. In this way the government will gain the support and trust of the people.