Taiwan judiciary, Judicial/justice/legal system


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Taiwan

Taiwan judiciary not independent

Taiwan judiciary crashes, rotten & stinky justice shakes Taiwan to the core, China won Taiwan in WEF '18

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★ TaiwanPlus, 2023-3-6: Taiwan Poll Finds Widespread Public Mistrust of Prosecutors. A poll has found that 85% of people in Taiwan think public prosecutors can be subject to political influence. More than half responded they were unsatisfied with recent judicial reforms, and a majority said they believed prosecutors engage in corruption behaviour when handling cases msn.com/en-us/news/opinion/taiwan-poll-finds-widespread-public-mistrust-of-prosecutors-taiwanplus-news/vi-AA18glWE

★ National ChungCheng University (ccu.edu), 2023-2-13: study the percentage of Taiwanese trust in the judges is 32.8%.

★ China Times, editorial , 2023-4-10	an anti-corruption union is what Taiwan needs, KMT earns public trust on anti-corruption issue? ...The vaccine procurement case involving huge profits is full of doubts, but the prosecutors and investigation gov. don't even touch it ! chinatimes.com/opinion/20230410004586-262101?chdtv
★ United Daily, 2023-4-1	Taiwan judiciary suppresses the opposition, lets go the ruling party (打壓在野黨輕縱執政黨司法想當鷹犬？) udn.com/news/story/11091/7072002?from=udn_ch2cate6643sub11091_pulldownmenu_v2
★ United Daily, 2023-4-23	Taipei chief prosecutor steps down for low degree of adaptability (on HsinChu city mayor Ann Kao's case), disappointing the top ranking。Some other prosecutors did good job on major political cases got promotion. udn.com/news/story/7338/7116838?from=udn_ch2cate6643sub7338_pulldownmenu_v2

★ United Daily (聯合報社評), editorial, 2023-1-12 : The courthouse is still a business run by the ruling party udn.com/news/story/11091/6906767?from=udn_ch2cate6643sub11091_pulldownmenu_v2

★ China Times ( 中時), 2023-2-18: Since Tsai Ing-wen was elected as president, her influence has penetrated into the judicial system, the admin. has directed the judiciary what and how to do. Most of Taiwan's presidents were graduated from law school, but only to exploit the law and abuse their power... (台灣領導人多數是學法出身，卻被視為玩法弄權者，成民主毒瘤) chinatimes.com/opinion/20230217003946-262101?chdtv

★ US Country Reports on Human Rights Practices released at 2022-4-12 (state.gov/reports/2021-country-reports-on-human-rights-practices/taiwan/):

nthe Ministry of Justice and the Judicial Yuan referred six officials to the Control Yuan for criminal investigation, including former minister of justice Tseng Yung-fu, former prosecutor general Wu Ying-chao, and two others for investigation of noncriminal misconduct, including Supreme Administrative Court judge..., the Judicial Yuan referred six former judges to the Control Yuan for investigation of noncriminal misconduct. the Ministry of Justice investigated 77 other incumbent and former judicial and law enforcement officials implicated in similar behavior with the same businessperson.
na senior investigator of the Ministry of Justice's Investigation Bureau was indicted for corruption for allegedly profiting from the sale of narcotics worth more than 168 million New Taiwan dollars ($5.6 million) seized in law enforcement investigations over eight years.

★ National ChungCheng University, 2022-2-14: study found 2/3 Taiwanese are not satisfied with the quality of judgment of criminal cases deptcrc.ccu.edu.tw/index.php?option=module&lang=cht&task=pageinfo&id=432&index=1

★ China Times, editorial, 2022-11-16: After the Democratic Progressive Party came to power, the judiciary is willing to degenerate under the selective handling of cases. As long as the case is related to the ruling party, the legal system would delay judging it or concluding it, or even tried to overturn the case through retrial. chinatimes.com/opinion/20221116005059-262101?chdtv

★ Transparency International, Germany / Global Corruption Barometer, released in 2022 - comparisons among main Asian countries the percentage of Taiwanese paying a bribe to judges or magistrates is higher than that in China, Japan, Malaysia
country	people who think government corruption is a big problem	public service users paid a bribe in the previous 12 months	police	gov. officials	local gov. officials	judges, magis- trates	corruption level increased in previous 12months
Taiwan	90%	17%	67%	19%	20%	15%	38%
Japan	84	2	10	7	26	6	36
Malaysia	71	13	30	28	16	12	20
China	62	28	16	18	18	13	39
S Korea	55	10	8	26	42	24	17
transparency.org/en/countries/taiwan

★ United Daily, editorial, 2022-5-15 : The Five Powers (legislative, judiciary, administrative, supervision, examination) have been firmly in control by Taiwan's president, the executive power guides the judiciary from time to time, lawmakers and Control Yuan intend to interfere the judiciary, the judiciary is self-destructing... udn.com/news/story/7338/6313776?from=udn-catehotnews_ch2

★ China Times, editorial, 2022-3-24: Law Firm was being searched by the prosecutor ! The rights of lawyers have been violated! A press conference urges Taiwan's prosecutors not to cross the red line, not to infringe upon the democracy, human rights, and rule of law. Judicial reform is one of the loudest slogans since President Tsai I. W. took office 6 years ago. The biggest change so far of the judicial reform is that political correctness becomes the most important thing in handling legal cases. The "corruption & smuggling cigarettes" case (chinatimes.com/newspapers/20210612000418-260106?chdtv) by Taiwan Presidential Office's national safety guard turning into a "overbought" case is an example. (chinatimes.com/opinion/20220323004844-262101?chdtv)

★ United Daily, 2022-6-5 : Since 2014 till last year, according to National ChungCheng University (中正大學犯罪研究中心) studies, no matter DPP(民進黨) or KMT(國民黨) taking office, the public trust on judges has been low (about 30-%) 。Taiwan's president holds both executive power and judicial power, which violates the basic principles of separation of powers and judicial independence in a democratic country。Therefore, Article 77 of the Constitution should be abolished. udn.com/news/story/121823/6363179?from=udn_ch2cate6643sub121823_pulldownmenu_v2

劉明德／德國柏林自由大學政治學博士

★ China Times, editorial, 2022-7-16: The DPP exonerates the crime of former president Chen by using political means has brought shame to Taiwan's judiciary, making the darkest day in Taiwan's judicial history. DPP will be happy because since then there's no law to control paying bribes. chinatimes.com/opinion/20220715003419-262101?chdtv

★ United Daily, editorial (udn.com/news/story/11091/6060260?from=udn_ch2cate6643sub11091_pulldownmenu_v2), 2022-1-25 : More people suffered fear from invisible and delicate social control and threats by DPP government' flank and judiciary (prosecutor, police) ... (檢警司法恐嚇，相比蔣家統治的線民監控，更細膩無形)

Taiwan judiciary crashes

Formosa TV news, 1-19-2021 3:00pm: Taiwan's judicial rotten scandal of the century, it's an international joke ! Apple Daily, editorial, 1-19-2021:
Rotten & stinky judiciary shakes the nation-to-its-core. China Times, editorial, 1-19-2021: Taiwan judiciary crashes.

★ yUSA Country Reports on Human Rights practices, 2021-3-30: Some political commentators and academics, however, publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases.
★ The Liberty Times, 2021-6-18, editorial : Taiwan president Tsia I. W.'s optimization of government focused on judicial reform, which she stated frankly is still distant from public expectations. ( https://talk.ltn.com.tw/article/paper/1455453 蔡總統對於優化政府體制，另特別著墨在司法改革上，她坦言司改的成果，和人民的期待「還有一段距離」)

★ UDN, 2021-10-14: In the past 5 years, public trust on Taiwan's judiciary is lower and lower, 83.8% of the public don't know the philosophies or measures for judicial reform. Taiwan president Tsai I. W. ate her words and avoided "judicial reform" issue in her National Birthday speech.

udn.com/news/story/7339/5814846?from=udn-catebreaknews_ch2

★ China Times, editorial, 2021-10-14: Taiwan's judiciary should not be an accomplice for the stranglehold on freedom of speech. chinatimes.com/opinion/20211011003202-262101?chdtv

★ UDN, 2021-2-26: The results of a satisfaction survey conducted by National Chung Cheng University on public security shows 2.5% poll respondents are "very satisfied" with "judges fairly and impartially conduct trials of criminal cases" , 24.2% are "satisfied", 41.9% are "unsatisfied", and 31.3% are "very unsatisfied". udn.com/news/story/7321/5279400

The Apple Daily, Nov. 2, 2020, editorial : (tw.appledaily.com/headline/20201101/NI6TYHSBLVADXO37NO3KMBAS2E/) Taiwan's judicial system keeps treating the power and the rich with different standard, which crashes the public's trust on Taiwan's judiciary. (頻頻打擊司法公信力的「權貴減罪公式」一再上演) . USA Country Reports on Human Rights practices at 3-11-2020: Some political commentators and academics, publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases. Judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural improvements. US Country Reports on Human Rights Practices released at 3-13-2019 and 4-20-2018 pointed out that justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. The Apple Daily, 5-10-2020, editorial : Some survey shows near 80% Taiwanese do not trust justice, even Judicial Yuan's survey showed 60+ % Taiwanese do not trust the judges. The Apple Daily, 5-8-2020: The practice and process of Taiwan's judicial reform is at least 10-20 years behind Japan's or Korea's. The Apple Daily, Dec. 7, 2020, (https://tw.appledaily.com/forum/20201207/XDWVJS4BOBGYFHBWI23KR77OEI/ 林孟皇): Taiwan's judges and prosecutors' always "very low" misdeeds in the past (素行不良的行徑) are hard to find similar case in advanced legal countries; furthermore, recently some famous attorneys also violated work ethics, the overall performance by law people certainly fails to win public trust. Liberty Times 4-30-2020: The crux of Taiwan legal system's problem is its party-state system. Judicial reform just failed because the judicial govt. rejected jury system and dual system. United Daily 8-20-2020, editorial: The Grand Justice of Taiwan has made itself to be the ruling party's "affiliate organization". https://udn.com/news/story/7338/4818831?from=udn-catehotnews_ch2 The Apple Daily, 9-13-2020, editorial, opinion : The dark networks those wealthy businessmen created can make the administration, the parliament, the Control Yuan and the judicial system to take care of the 'missions' they gave, e.g., the over-the-counter (OTC) stock and Interest Arbitrage Transaction are good tools to control the officials. Taiwan's judicial reform has not achieved the goal. https://tw.appledaily.com/headline/20200912/XRWWTEZPLBGARBFFHQVXMYCH2Q/'; https://tw.appledaily.com/forum/20200912/NAQP67HBRRAP5LZ3ZW4AFWTAEQ/ Taiwan judicial reform has not reached planned performance; Taiwanese are not willing to wait any longer for a trusty justice.

★ Taiwan "judicial Independence" was ranked No. 13 among Asia & Pacific countries

	WEF (World Economic Forum) Judicial independence 2019 rankings , The Global Competitiveness Report
Asian country rankings	No.1 New Zealand 89.2(score) 2(world rank), No.2 Japan 86.5 5, No.3 Hong Kong 84.1 8, No.4 Australia 82.9 10, No.5 Singapore 77.4 14, No.6 Saudi Arabia 77.1 16, No. 7 UAE 75.4 20, No.8 Qatar 73.3 23, No.9 US 70.4 25, No.10 Jordan 69, No. 11 Malaysia 68.7, No. 12 Kuwait 59.5 , No.13 Taiwan 59.4 , No. 14 China 58.2
link	www3.weforum.org/docs/WEF_TheGlobalCompetitivenessReport2019.pdf
ps	WEF Judicial independence 2017/2018 rankings : China's rank was better than Taiwan's, both are at about same level

case study - legal ? political??

● The United Daily, 10-31-2020, https://udn.com/news/story/7321/4977543

Taiwan's judiciary spends lots of money on advertising themselves, but, the truth us Taiwan's justice always made a detour whenever encountering the power and the rich people. (司法砸錢宣傳遇權貴卻轉彎) The Supreme Court (最高法院大法庭) has many cases to solve, but no one wants to touch sensitive issues.

● The United Daily, 7-14-2020, udn.com/news/story/7339/4699302
Taiwan's president has never talked about anti-corruption, in recent years, the prosecutors and investigation gov. have not solved any big corruption cases, unlike lots of crack-downs in old days, instead, they focus on New National Security cases. No wonder Taiwan president insists abolishing Special Investigation Division (SPD) .

● The Liberty Times, 7-1-2020 ( Avoid judicial monsters ) : The main reason that the public do not trust the justice is lacking of external supervision (外部監督力量) and hence quite many controversial legal judgments were out there。https://news.ltn.com.tw/news/society/paper/1383385

● The China Times, 5-27-2020 : The public trust on Taiwan's prosecutors was suffered severe injuries from the Minister's "guides" and "leads" (部長下指導棋重傷檢察公信力)
https://www.chinatimes.com/newspapers/20200527000524-260118

● The United Daily, 5-16-2020, https://udn.com/news/story/121092/4567513 (從人權到新威權變調的司法正義)

The ruling party DPP has been more "authoritarian" than the way "authoritarian" government in old days was, no wonder the first thing the public have not satisfied with is the judicial reform. Many question the judicial system was reduced to be the government's tool ― to strengthen monitoring the public, and many worries, their political opponents (過去四年許多作為卻比過去威權更威權，立法、執法上不斷加強對人民的監控，司法不斷被質疑淪為掌權者工具，司法改革卻是人民最不滿意的重中之重 )

● The Liberty Times, 7-1-2020 劍青檢改：Taiwan's Control Yuan was reduced to political "hit-man". https://news.ltn.com.tw/news/society/paper/1383386

● The United Daily, 5-20-2019 How long can Taiwan judiciary stand being lynched and tortured ? ( 司法還能忍受多久的凌遲？)

The Control Yuan (監察院) and the Prime Ministry (行政院) repeatedly have taken judiciary as sacrifice-offering (司法當祭品)

CTS news, 7-10-2019: public trust on Taiwan's judges is about 20%, only 32% are satisfied with prosecutors. The United Daily, 2-26-2019: National Chung Cheng university's survey shows that Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%. The United Daily, editorial 9-28-2019: The government uses prosecutors & investigation office, or minister/admin officers, legislators to shield its grafts or malfeasances, to help the crooked wind of corruption and harm social justice (udn.com/news/story/11321/4071079). The United Daily, 11-19-2019: Judicial scandals happened one after another. (聯合筆記) The Liberty Times, head-page, The China Times, head-page, 12-8-2018: Taiwan P.M. (賴清德): Taiwan has not made significant progress on judicial reform, which is roiling with public discontent... that's one cause of ruling party's defeat in elections. The Liberty Times, head-page news, 7-9-2019, The China Times, 7-9-2019: According to a survey by the Judiciary Yuan, 66.2% Taiwanese are not satisfied with the effect and outcome of judicial reform (22% of them are extremely not satisfied), 56% Taiwanese do not trust the judges ... Taiwan's Minister of Judiciary and secretary of Justice Ministry issued progress report of judicial reform ― Public trust in judges is always low, the protection mechanism of lawsuit right is still not good enough (UDN 2-13-2018). The United Daily, 2-27-2018: Taipei mayor Ko said that Taiwan's jail and prison are good only for those have no connections at all. The United Daily, 10-31-2018 : The Judicial Dept. (法務部) took the lead to violate the laws. The United Daily, 10-23-2018: The independence of prosecutors has still been questioned ... Apple Daily, opinion, 3-14-2018 : Survey <2017台灣社會信任調查> shows that Taiwan judicial official's / law enforcement officer's public trust is the second last. FTV, 7-26-2018: Public trust in judges is less than 16%, according to a survey in last year.
cartoons of justice

Judicial reform failed to satisfy more than 80% Taiwanese / UDN 2-26-2019

CTS 7-10-2019: only 32% Taiwanese are satisfied with prosecutors

pic.: CTS TV news, 7-10-2019, The United Daily, 2-26-2019: National Chung Cheng university's survey shows that Judicial reform
failed to satisfy more than 80% Taiwanese , the public trust on Taiwan justice is down to about 20%,
only 32% Taiwanese are satisfied with Taiwan's prosecutors.

● Public trust on Taiwan's judges is about the lowest, compared with OECD member countries
　

● The Liberty Times, 2-23-2019 : National Chung-Cheng University survey shows about 80% Taiwanese people do not trust judges, only 32% are satisfied with Taiwanese prosecutors. (https://news.ltn.com.tw/news/focus/paper/1269488) The percentage is about as low as that of Korea
― the worst judicial system country in OECD ( Organisation for Economic Co-operation and Development ) in 2019.
● Korea Times, 7-2-2020 (www.koreatimes.co.kr/www/opinion/2020/07/162_292043.html): OECD surveyed 37 member countries by asking how many of every
1,000 people trust their own court systems. The result shows Korea had the lowest numbers of all countries surveyed.
Various surveys in Korea also show that two out of three Koreans do not trust the courts.
● Taiwan Judicial Reform Committee (司改會) survey 7-18-2020: 64% Taiwanese people do not trust judges. (https://www.storm.mg/article/2861744)

● National Chung-Cheng University survey 3-4-2020 shows only 36.4% Taiwanese people trust judges (deptcrc.ccu.edu.tw/index.php?option=module&lang=cht&task=pageinfo&id=132&index=1 )
　

Index of judiciary	Asian countries
2020 Economic Freedom Index	Judicial Effectiveness, Asian countries scores: Singapore 92.9, Australia 86.1, UAE 84.6, New Zealand 79.1, Hong Kong 76.8, China 76.3, Malaysia 74.6, Saudi Arabia 72.3 , Japan 71.4 , Taiwan 70.1, China's rank was better than Taiwan's
Rule of Law Index 2020	No. 7 New Zealand, No. 11 Australia, No. 12 Singapore, 15. Japan, 16. Gong Kong, 17. R.Korea, 21. USA, 47. Malaysia, 59. Indonesia, 69. India worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2020-Online_0.pdf

　ps: National CCU (www005006.ccu.edu.tw/upload_file/bulletin/15822582689848.pdf), 2-21-2020: 36.4% Taiwanese believe judge could judge cases without bias

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case study - legal ? political??

pic.: No.1 "comment Taiwan judiciary" on US Google, 11-25-2020

pic.: No.1 "comment Taiwan judiciary" on US Google, 7-21-2020

Horrible Judicial system in Taiwan !
Taiwan presidents should be ashamed ...
　

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For a long run, Taiwan's judiciary was one of "corrupt"/"extremely corrupt" institutions in Taiwan ―― Major media Apple Daily, The Liberty Times etc,11-30-2016, United Daily 2-27-2018: Taiwan president Tsai Ing-wen pronounced a death penalty on Taiwan's Justice system, Tsai also criticized (5-20-2016) that Taiwanese people don't trust the justice. Academics and commentators had publicly questioned the impartiality (e.g., Non-external intervention of the judiciary, fair trials) of Taiwan's judges and prosecutors, National Chung Cheng university's survey (head-page of the Liberty Times, 2-23-2016) found: more than 84% Taiwanese people don't believe judges, nearly 80% Taiwanese don't believe the impartiality of Taiwan's prosecutors, and public trust on Taiwan judiciary system keeps falling down in the past 8 years. There're 2 widely known sayings : (1)Taiwan's judiciary, takes different standards, just like the moon's shape, changing all the time... ref to <The China Times>, Opinion, 4-15-2017(2) "Taiwan's court system is a "business" run or owned by KMT - <Nationalist Political Party>" (「法院是國民黨開的。」), this saying has been regarding as "very close to the fact" (ref. to wikipedia). The deputy dean of Law School, National Cheng-Chi University, comments (UDN, 12-25-2015) that the standard of Taiwanese judges on the same matters varies from person to person all the time is the reason why Taiwanese people do not trust Taiwan's judiciary.


pic.: The Liberty Times (<自由時報>) headlines、3-16-2019: Taiwan prime minister is not satisfied with judicial reform, out-of-date judges should be eliminated !

probable political influence : Flaw of Taiwan legal system, 2 practical cases, click ! a probable political influence legal case judicial reform and a suit case Taiwan fraud

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★ USA Country Reports on Human Rights practices, 4-20-2018::●the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.

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★ The United Daily, 2-27-2018 ( Opinion 聯合筆記 ): Taipei mayor Ko said that Taiwan's jail and prison are good only for those have no connections. ("監獄是關沒有辦法的人")

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★ The China Times, 6-4-2018
Taiwanese government kept putting legislating the law ("Perverting the Course of Justice" ) off, Taiwanese people look forward to the laws for a long time ...

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★ The China Times, 5-20-2018, 5-19-2018

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67.6% Taiwanese are not satisfied with Taiwan's judicial reform, 15.3% satisfied... ; Only judiciary being impartial to either side can win public trust. The reform process was slow, politics interrupted judiciary...

★ Apple Daily, 5-12-2018, Focus comments (https://tw.appledaily.com/forum/daily/20180512/38011358 林達)
Terminate Taiwan's image, a "corruption is innocent" empire - Taiwan High Court judged a case (asking 200 million dollars and raked off 40 million for herself) not guilty, Taiwan's related law has numerous loopholes, Taiwan needs a Gratuity Law as the US 18 U.S.C. & 201(c) as soon as possible.

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★ Apple Daily, 5-15-2018, Focus comments

Consideration relationship (“quid pro quo", 對價關係, " something for something.") is the exit door for suspect crimes committing corruption to escape.

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★ The United Daily, 10-23-2018 : The independence of Taiwanese prosecutor's handling legal cases has still been questioned from time to time... The determination and actions of high ranking judicial officials to defend judicial independence are still needed to be examined. / 聯合筆記蕭白雪

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★ The United Daily, 12-4-2018, editorial: Taiwan's investigations of disaster (except aviation accidents) events have been always distorted, once judiciary and control power are involved, the clarification goes afar ... ("普悠瑪檢討簡直敷衍了事" "了解真相還是掩蓋真相"，台灣災害調查情境，一直處於扭曲局面，除飛航事件之外，一旦司法權刑事、監察權行政介入，純粹釐清真相即遙不可及) ... (brief)

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★ The United Daily, 12-4-2018 : Judicial reform issue was regarded as one among causes of ruling party's defeat in the election of Nov. ... It's almost a routine or pattern that Taiwan's politicians just like those people in power always tried to control judicial systems ... The head of Taiwan's Judiciary Yuan said that Judiciary is as hard as our life (司法院長 : 人生有多困難、司法就有多困難) ... / 聯合筆記蕭白雪

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★ The China Times, 3-14-2018, head-page headline news