The Executive Yuan decided to change tactics in its pursuit of illegally-obtained Chinese Nationalist Party (KMT) assets yesterday, announcing that it will soon form a legal team to bring a lawsuit against the KMT.
The Executive Yuan is planning to base its lawsuit for the return of two contested tracts of land on Article 767 of the Civil Code (
The move marks a shift in the Executive Yuan's approach to the issue. Previously, the executive branch had asked the Ministry of Finance to investigate the origins of the KMT's assets and negotiate their return with the KMT. Over the past couple of months, however, the ministry and the KMT have had numerous disagreements over which KMT properties should be returned to the government.
The two tracts of land that will be the object of the lawsuit are properties belonging to the KMT-affiliated Broadcasting Corporation of China (BCC) that the Executive Yuan claims were illegally obtained.
The Executive Yuan's decision to bring a suit against the party sparked strong criticism from the KMT, which emphasized that it had complied with all mutually set timetables and guidelines between it and the Ministry of Finance.
"The Democratic Progressive Party has completely smeared the KMT [in this party asset controversy]," Chang Che-chen (
Lee Yung-ran (
"First, [the Executive Yuan] must show who the `owner' of the assets are. Is the owner the nation? Or local governments?" Lee asked. "Second, they must prove that the KMT has had ownership of these properties without authority. However, but if the party had authority during the time of acquisition, then it cannot be said that the party was in ownership without authority."
Furthermore, Lee said, there are documents proving that both tracts of land were paid for, and had not been obtained illegally.
Chang and Lee said that the KMT would appeal the lawsuit.
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