Article 16 of the Constitution stipulates that the people have the right to initiate legal proceedings, and such right may be prescribed by the legislative authority taking into account the nature of each type of litigation case for the purpose of safeguarding the right of litigation under the judicial system. Where a public servant is subject to disciplinary measures for violation of law whilst discharging his/her duties as public servant or for failure to discharge his/her duties properly as public servant, the disciplinary measures whereof are clearly stipulated by the Constitution to fall within the jurisdiction of the judiciary. Although the Public Functionaries Discipline Act provides that determination made by the Commission on the Disciplinary Sanctions of Functionaries shall be final as regards disciplinary cases, Article 16 of the Constitution shall not be considered violated where no ordinary appellate system of relief is created. Since the disciplinary measures affect the right to hold public office granted by the Constitution and the members of the disciplinary authority are judges as construed under the Constitution, according to Article 82 of the Constitution and the intent under this Yuan Interpretation No.162, the authority itself shall adopt the mechanism of a court and the determination of disciplinary cases shall comply with the principle of due process of law so as to provide sufficient procedural safeguards to the disciplined persons. For example, the systems of direct trial, oral arguments, cross-examination, and defense may be adopted to provide the disciplined persons with a last opportunity to expound, etc., so as to implement the intent under Article 16 of the Constitution in relation to the safeguarding of the people*s right to litigation. Review and amendment should be made by the relevant authorities with respect to the organization, name, and disciplinary procedure of the public servants’ disciplinary authority.