For the last dozen years, the Judicial Reform Foundation has held high hopes and expectations for the judiciary, and has been attentive in bringing up reform initiatives and providing necessary oversight. We aspire to maintain expertise and enthusiasm for the law and to strengthen the rule of law in Taiwan.
In recent years, investigations into irregularities by government officials have repeatedly caused suspicion and distrust among the public. This trend has made the foundation anxious. In particular, the view that the president's special allowance fund case should be investigated by outsiders and that it is a final decisive battle between two sides imply that judicial action in this case will decide Taiwan's entire future. Being an organization devoted to judicial reform and oversight, at this critical time we must make several declarations and express our expectations.
First, countries ruled by law respect the law and emphasize the system. They above all try and switch the expectation for saintly leaders into trust for the law and the system. Therefore, we would like to appeal to people not to have excessive expectations or hopes for the government or even the judiciary itself. By the same token, there is no need to attack and criticize the judiciary. Rather than hoping for a savior to descend from the heavens, the people should expend greater effort in planting the roots of legal education, nurturing the concept of the rule of law, and working to establish and abide by the law.
Second, criminal responsibility is much different from civil or administrative responsibility, and even more distinct from political responsibility. For criminal responsibility to be firmly established, accusations must pass through a strict process that involves providing evidence, presuming innocence, following the principle of reasonable doubt and establishing criminality based on legal statutes. Therefore politically inflammatory language and the inferences of media commentators, if unable to provide evidence that stands up to scrutiny, do not produce criminal responsibility.
Whether the parties involved take political or moral responsibility actually has nothing to do with the judiciary. Because of the special nature of legal decisions, a judgement will be unfavorable for one party, and unless one can prove using facts, evidence and legal principles that the judgement does not conform to reality, then one should accept the results of the judgment even if one is still not content with the result. This is the concrete manifestation of the spirit of the rule of law.
Finally, the people should leave the actual final legal judgement to the legal system, and judges or prosecutors alike must not make light of public expectations for the law. On major cases with historical significance, these officials should bravely take responsibility and show that they are following the letter of the law and thoroughly understand the issue by explaining complex facts to the world in simple language.
This is a crucial moment for the rule of law. Besides urging the officials involved to show their professionalism by adhering to the law, they should also understand the people's need for thorough and systematic justice. Nothing should be held back in a verdict, and they should be brave enough to show that they are not ashamed of having a sense of mission and justice when serving the nation's citizens.
We also urge the public to leave behind the destructive idea of benevolent and saintly rulers and break their superstitious trust in the government and the judiciary. Instead, all should turn their enthusiasm and energy toward deepening education in the rule of law and strengthening the system so that Taiwan can become a society that respects the rule of law.
The Judicial Reform Foundation was established in 1997.
Translated by Jason Cox
The gutting of Voice of America (VOA) and Radio Free Asia (RFA) by US President Donald Trump’s administration poses a serious threat to the global voice of freedom, particularly for those living under authoritarian regimes such as China. The US — hailed as the model of liberal democracy — has the moral responsibility to uphold the values it champions. In undermining these institutions, the US risks diminishing its “soft power,” a pivotal pillar of its global influence. VOA Tibetan and RFA Tibetan played an enormous role in promoting the strong image of the US in and outside Tibet. On VOA Tibetan,
Sung Chien-liang (宋建樑), the leader of the Chinese Nationalist Party’s (KMT) efforts to recall Democratic Progressive Party (DPP) Legislator Lee Kun-cheng (李坤城), caused a national outrage and drew diplomatic condemnation on Tuesday after he arrived at the New Taipei City District Prosecutors’ Office dressed in a Nazi uniform. Sung performed a Nazi salute and carried a copy of Adolf Hitler’s Mein Kampf as he arrived to be questioned over allegations of signature forgery in the recall petition. The KMT’s response to the incident has shown a striking lack of contrition and decency. Rather than apologizing and distancing itself from Sung’s actions,
US President Trump weighed into the state of America’s semiconductor manufacturing when he declared, “They [Taiwan] stole it from us. They took it from us, and I don’t blame them. I give them credit.” At a prior White House event President Trump hosted TSMC chairman C.C. Wei (魏哲家), head of the world’s largest and most advanced chip manufacturer, to announce a commitment to invest US$100 billion in America. The president then shifted his previously critical rhetoric on Taiwan and put off tariffs on its chips. Now we learn that the Trump Administration is conducting a “trade investigation” on semiconductors which
By now, most of Taiwan has heard Taipei Mayor Chiang Wan-an’s (蔣萬安) threats to initiate a vote of no confidence against the Cabinet. His rationale is that the Democratic Progressive Party (DPP)-led government’s investigation into alleged signature forgery in the Chinese Nationalist Party’s (KMT) recall campaign constitutes “political persecution.” I sincerely hope he goes through with it. The opposition currently holds a majority in the Legislative Yuan, so the initiation of a no-confidence motion and its passage should be entirely within reach. If Chiang truly believes that the government is overreaching, abusing its power and targeting political opponents — then
RSS