Taiwan Tati Cultural and Educational Foundation

Law in Taiwan, the US and Germany

Huan Tong-shong 黃東熊

During a Constitutional Court session last month assessing the constitutionality of the death penalty, one grand justice told a Ministry of Justice official that a trial cannot be influenced by public opinion — in other words, a ruling should remain free from public whim.

I have found that views on the matter vary greatly based on a person’s educational background. Those who have received a formal law education in Germany believe that sentencing should be formed independently, both from those in power and the public.

By contrast, those trained in law in the US think that sentencing is inseparable from public opinion, and that all three powers — the executive, legislative and judicial — should yield to the public’s will.

Thousands protesting cannot be wrong

Taipei Times Editorial

The scuffles on the legislative floor on Friday last week over the Chinese Nationalist Party (KMT) and Taiwan People’s Party (TPP) forcing controversial legislation through to the next reading were embarrassing for the nation, but they were hardly unprecedented, and it is important not to fixate on them. Far more pernicious things are happening in the background.

The Democratic Progressive Party (DPP) legislative caucus was fiercely opposed to the KMT’s and TPP’s antics. Objections and concerns have been expressed in many quarters, including international academics, the Taiwan Bar Association, local legal academics and the public. Protesters gathered outside the Legislative Yuan in Taipei on Tuesday morning and remain there even now, from an original several hundred to an estimated 8,000 on Tuesday evening to a reported 30,000 yesterday morning.

Taiwan’s ‘Chinese Taipei’ problem

Sasha B. Chhabra

Taiwan will once again be forced to compete in the Olympics this summer under a nonsensical moniker that neither refers to any political reality nor the identity of its team.

Rather, Taiwan competes under “Chinese Taipei,” a Chinese construction imposed on Taiwanese without consultation.

“Chinese Taipei” is the sole Olympic team not reflecting the name used by its own people. Even territories such as Puerto Rico, Hong Kong and the Virgin Islands are allowed to use their own names and flags. Other partially recognized states such as Israel, Kosovo and Palestine compete as themselves.

Protesters slam KMT, TPP reform bills

Taipei Times

Thousands of people yesterday gathered outside the Legislative Yuan calling for more transparency regarding legislative reform bills and demanding that proceedings that devolved into brawls on Friday last week be declared null and void.

The demonstrators included members of civic groups and political parties such as the Taiwan Statebuilding Party, the New Power Party and the Green Party Taiwan. They decried what they called procedural issues concerning bills proposed by the Chinese Nationalist Party (KMT) and the Taiwan People’s Party (TPP), adding that the bills should undergo committee reviews in line with standard legislative procedure.

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