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aiwan's
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Taiwan

         Taiwan judiciary  not independent

Taiwan judiciary crashes, rotten & stinky justice shakes Taiwan to the core

   

The Guardian, 2024-1-7: Taiwan bracesfor "big deal" presidential election ...There are also Care for children and the elderly, corruption, judicial reform, education and rights for minorities are also immediate concern.

 

United Daily  (聯合報), 2024-2-24:  Judicial reform fails !  udn.com/news/story/11091/7790040?from=udn-catehotnews_ch2
United Daily  (聯合報), 2023-11-18:
 The very serious "abnormal" relationship between the police and the prosecution was exposed recently.  The systems of judiciary, prosecution and police are rotten from the roots.udn.com/news/story/7338/7582230?from=udn_ch2cate6643sub7338_pulldownmenu_v2

 

TIME, 2023-11-20:  the government's judicial reform website hasn't been updated since 2020. “Does that mean the government didn't do anything or just doesn't care about this topic?” asked the spokesman for a lawyer's group pointedly.  time.com/6336441/taiwan-presidental-election-william-lai-profile/

 

United Daily  (聯合報), 2023-11-18:  The very serious "abnormal" relationship between the police and the prosecution was exposed recently.  The systems of judiciary, prosecution and police are rotten from the roots.udn.com/news/story/7338/7582230?from=udn_ch2cate6643sub7338_pulldownmenu_v2

 

TaiwanPlus, 2023-3-6: Taiwan Poll Finds Widespread Public Mistrust of Prosecutors  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%.

United Daily, 2023-7-18: Many judgments follow directions from the ruling party  udn.com/news/story/7338/7307107?from=udn_ch2cate6643sub7338_pulldownmenu_v2
 

China Times, 2023-7-30 Taiwan vice president Lai Ching-te says there is a long long way to go before the legal reform satisfying the public.  In 2019, Mr. Lai said the legal reform will be half way done if we can eliminate rotten and illegal judges and prosecutors.  chinatimes.com/opinion/20230730002752-262101?chdtv
  United Daily, 2023-7-17 Tens of thousands joined a protest in Taipei, their main demand was to express dissatisfaction with judiciary and housing price. the KMT's Hou You-yi says judicial reform is an empty shell, Terry Guo says both policy are "bad checks", Dr. Ko Wen-je of Taiwan People's Party says the public do not trust our legal system.  udn.com/news/story/123619/7304940?from=udn_ch2cate6638sub123619_pulldownmenu_v2

 

 

  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 rankingSome other prosecutors did good job on major political cases got promotion.  udn.com/news/story/7338/7116838?from=udn_ch2cate6643sub7338_pulldownmenu_v2

 

  United Daily , eidtorial , 2023-5-24 : After taking office since 2016, the ruling party has completely controlled over the personnel of the judiciary and other independent agencies, repeatedly intervening in particular cases, and constantly creating unconstitutional and illegal cases. A number of resolutions of the judicial reform meeting so far have no follow-up .  After midterm election's defeat, grass-roots everywhere voiced dissatisfactions.  The public don't trust justice - The law enforcement gov. covered up the power and rich, saw the other way as black-gold and corruption returned, instead, frequently refer those criticized the government to justice, The Social Order Maintenance Act, which the DPP advocated to abolish while in opposition, has now become a sharp weapon to suppress people's freedom of speechudn.com/news/story/7338/7185987?from=udn-catehotnews_ch2

 

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

 

United Daily (聯合報 社 評), editorial, 2023-8-21 : Taiwan's judiciary is inactive in major cases, but gives heavy penalties to minor cases /  The public's long-standing mistrust of the judiciary lies in wanton abuses of enforcement power, very doubtful measurements of penalties or unclear standards by the prosecutor/judges, too light or too heavy of the judgments; e.g., the prosecutors did nothing to a NT$  billions suspected cases - HsinChu City Baseball Court, but gave 12-years sentence to a NT$8000 case.   udn.com/news/story/7338/7382647?from=udn_ch2_menu_v2_main_cate

 

 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 countryTherefore,  Article 77 of the Constitution should be abolished.   udn.com/news/story/121823/6363179?from=udn_ch2cate6643sub121823_pulldownmenu_v2  

 

  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 biggest  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.  Liberty Times, 1-21-2021: Taiwan's legal machine was already a chunk of meat for "interest group"'s exclusive domain, even Control Yuan took the role of "body guard "  Apple Daily, 1-19-2021: Too many law officials involved to be punished severely ― grand justice,
chief prosecutors, president and chief judges of the Court of Final Appeal, Member of the Control Yuan,...  in total 200+, 40 punished - how big is the iceberg undersea ?? The gov. dares to investigate the top level ?

 

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 a
nti-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) .