The Legislative Yuan has become lively again these days. First, Legislator Lo Fu-chu (羅福助) publicly beat up a female colleague from the People First Party (PFP). Next, he revealed that many lawmakers are involved in the high-profile Jin-Wen (景文) scandal. Then he wanted to convene a special meeting of the Judiciary Committee to question Minister of Justice Chen Ding-nan (陳定南) over the reopening of the investigation into the Chung Hsing Bills Finance (興票案) case involving PFP Chairman James Soong (宋楚瑜). Indeed, whenever the legislature is in session, Taiwan does not have to worry about running out of news.
Under Taiwan's electoral system, Lo is likely to be re-elected -- and even chosen once again as one of the three conveners of the Judiciary Committee -- even if he beats up every lawmaker in the Legislative Yuan. If the political parties can't do anything about Lo occupying a convener's seat, then all their discussions about political reform will just be empty talk.
Lo must be punished for attacking his colleague, violating her rights and damaging the image of the legislature and the nation. The involvement of lawmakers in such examples of "black gold" politics as the Jin-Wen scandal, however, is capable of causing greater damage to the nation.
Those legislators who engage in influence-peddling and collude with black gold elements are violating the Legislators' Conduct Act (立法委員行為法). How should we handle such behavior? Is Lo the only one who should be punished by the Discipline Committee (紀律委員會)?
Local media recently reported that PFP Legislator Chen Chao-jung (
Interpretation No. 461 by the Council of Grand Justices particularly stressed that prosecutors are not obliged to brief the legislature's committees. Thus, the Constitution protects not only the rights of prosecutors, but also the independence of each and every investigation. That was why Interpretation No. 325 ruled that, "No interpellation concerning evidence and case files in respect of a prosecution should be made before a verdict is reached." In addition, the legislature has no right to access case files relating to ongoing cases.
Although the Judicial Committee only invited Chen, the Minister of Justice and State Public Prosecutor General Lu Ren-fa (
Over the past decade, we have enjoyed the fruits of democracy, but we have also experienced the negative effects of a poor-quality democracy. The 1992 legislative elections symbolized the beginning of Taiwan's liberalization. A decade later, the Legislative Yuan has become the symbol of vicious political struggles, violence and black gold.
As long as the legislature's black gold composition remains, democracy in Taiwan will continue to sputter. A second round of legislative reforms is needed.
Hwang Jau-yuan is an associate professor of law at National Taiwan University.
Translated by Eddy Chang
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