Articles 97, 98 and 99 of the Constitution that are related to the present issue concerned are derived from Articles 102, 103 and 104 of the Constitution Draft. Article 102 originally stated that the Control Yuan may institute an Impeachment upon its finding of neglect of duties or violation of law regarding personnel of the Executive Yuan or its ministries or commissions. Article 103 concerned impeachment against Central and local administrative officials. Article 104 dealt with impeachment against judges and Examination personnel. Several Delegates of the Constitutional Conference believed that those who may be subject to the control power of the Control Yuan should include Members of the Legislative Yuan and Control Yuan, and proposed a number of bills to insert [the language] “personnel of each Yuan and its ministries or commissions” in lieu of “personnel of the Executive Yuan or its ministries or commissions” so as to include personnel of the Legislative Yuan and Control Yuan and to delete Article 104 concerning judges and personnel of the Examination Yuan. The results showed that none of the amendments carried, which clearly demonstrates that Members of the Legislative and Control Yuan are exempt. It is also difficult, through the route of interpretation, by stretching the language “officials of the Central Government” to argue that Members of the Legislative and Control Yuan shall [all] be included. It is the intention of the Constitution drafters that Members of the Legislative and Control Yuan are representatives of public opinion, either directly or indirectly, and are not subject to the exercise of control power. Yet other personnel of the Legislative and Control Yuan as well as staff of the National Assembly, the Presidential Office and its affiliated agencies are within the scope of control power. Therefore, except for provisions on the Executive, Judicial and Examination Yuan, Article 97, Paragraph 2, and Article 98 of the Constitution further separately stipulate [impeachment and other control power against] public officials of the Central Government.

       Delegates to the National Assembly are [also] representatives of public opinion, and it goes without saying that they are not subject to the control power. There were no propositions on the impeachment of Delegates to the National Assembly within the Constitutional Draft or each respective amending bill, which is consistent with the fact that none of the amendments concerning the impeachment of Members of the Legislative and Control Yuan was adopted.

       Autonomy personnel who belong to a parliamentary agency, such as members of the provincial or county council, are also representatives of public opinion and naturally are not subject to the exercise of control power.

*Translated by Professor Andy Y. Sun.