Taiwan Prosecutors, criticism                              ★  this site's world No. 1 in  2017~18,  2016,  2015,  2014,  2013,  2010~12    ★   Top rankings since 1998  ★                
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pic.: This websites group was ranked No.1 on
US Bing by "Taiwan prosecutors" , 10-24-2018,
9-9-2018, 2-27-2018

　

 

　

pic.: This websites group was ranked No.1 on Yahoo (Taiwan) by "Taiwan prosecutors" ,
10-24-2018

　

　

　

　

　

　

pic.: This websites group was ranked No.1 on US Google by "Taiwan's prosecutors" , 10-24-2018, 2-27-2018; No.2 9-9-2018

　

　

pic.: This websites group was ranked No.1 on US Bing by "Taiwan judiciary" , 10-24-2018, 9-9-2018, 2-27-2018

　

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pic.: This websites group was ranked No.1 on Yahoo search by "Taiwan prosecutors" ,
10-24-2018, 9-8-2018, 2-27-2018 (Chn. version)

　

　

　　

　

　

　

　
　

　

pic.: No.1 "Taiwan judiciary" on Yahoo search engine, 10-24-2018, 10-3-2018
　

　

　

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pic.: No.1 "Taiwan judiciary " on Yandex of Russia, 2-28-2018

　

　

pic.: No.1 "Taiwan judiciary comments" on Baidu of China, 2-28-2018

　

　

　

 USA Country Reports on Human Rights practices,   4-20-2018:●the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.    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 ...    UDN 2-13-2018: the progress report of judicial reform by Taiwan's Minister of Judiciary and secretary of Ministry of Justice  ― Public trust in judges is always low, the protection mechanism of lawsuit right is still not good enough.     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.     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%.    For a long time, judicial system (prosecutors, judges) is one of "corrupt"/"extremely corrupt" institutions in Taiwan, commentators questioned the impartiality (e.g., Non-external intervention of the judiciary, fair trials) of Taiwan's prosecutors and judges.  National Chung Cheng university's survey (head-page of the Liberty Times, 2-23-2016) found: nearly 80% Taiwanese people don't believe the impartiality of Taiwan's prosecutors, and public trust on Taiwan judiciary system keeps falling down in the past 8 years.  Besides, Taiwan already turned to a "privacy hell" because prosecutors (and police) ignore Taiwanese human rights and Taiwan Constitution to access Taiwanese people communication records......?! (see below)       Local media Apple Daily, Liberty Times etc (11-30-2016): 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.   The deputy dean of Law School, National Cheng-Chi University, comments 5-2015) that the standard of judgments on the same matters varies from person to person all the time is the reason why Taiwanese people do not trust Taiwan's judiciary.
           ◎  ◎ a larceny/theft/damage & impairment case study

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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,  10-31-2018 :  The Judicial Dept. (法務部) took the lead to violate the laws, the prosecutor obviously did not follow "the investigation is strictly confidential" ("偵查不公開")  (黑白集 社評)

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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 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

  

★  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.

★★

★  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...   

　

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

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       Taiwan's justice (high court) judged the accused of 318-Sun-Flower-event  (20+ persons intruded and occupied Legislation Yuan building, which is similar to the US Capitol Building) not guilty of crime, because those "violence" is  freedom of expression, and the evidences prosecutors provided are not good enough.

　

　

　
　 pic.: left: the accused 'strike' policeman (standing right side);  
pic. right: the accused lifted chairs, and confronted policemen  /  CTN headline photos

http://www.chinatimes.com/newspapers/20180314000545-260102

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★  USA Country Reports on Human Rights practices, March 3, 2017

       Some legal scholars and politicians said the justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.   A survey conducted by the Crime Research Center of National Chung Cheng University found that 76 percent of respondents were dissatisfied with authorities’ anticorruption efforts.

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★  The United Daily,  12-14-2017   Opinion (黑白集):  Taiwan's public voice with a heavy heart  : The prosecutors should abide by the law too... don't be a political tool.

★  The United Daily,  09-27-2017   Opinion

        Taiwan's legislator politician (陳明文) involving a serious corruption case can predict the court judgment - "no guilty", which is serious injustice, and perhaps politics controlling judicial systems (政治染指司法之黑幕).  

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★  The China Times,  4-1-2017    Focus news

        Taiwan's justice to pronounce the accused (22 persons) of 318-Sun-Flower-event (intruded and occupied Legislation House.  ps: then the P.M. government ) not guilty of crime for meeting the requirements of "Civil Disobedience" is "unlimited generalizations".     ps: the photo of violence to the police : http://www.chinatimes.com/newspapers/20170401000333-260118

     The United Daily,  4-2-2017  opinion <The justice became politics' slave & servant> - the judgment "completely distort" current laws...

       The China Times,  4-1-2017  Opinion <Political Judgment> : the judgment violates the rules of thumb and logic (大眾的經驗與論理法則.)...

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★  USA Country Reports on Human Rights practices, April  13, 2016

Taiwan's judicial system suffered from some corruption.  Although authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained.  Some political commentators and academics also publicly questioned the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases...Women’s groups reported that judicial authorities were sometimes dismissive of sexual harassment complaints.

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★  The United Daily,  06-18-2016   Head page news

        Taiwan's prosecutors usually follow their commanding officer's order to access legal cases ... " He is bigger than I am, what can I say??"

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★  China Post, Dec. 5, 2016;  Apple Daily, The Liberty Times, Nov. 30, 2016

     The Judges Association of Republic of China expressed Taiwan president Tsai Ing-wen pronounced a death penalty on Taiwan's justice system, in that Taiwan president Tsai Ing-wen declared at a preparatory meeting for her National Affairs Conference on Judicial Reform that no such injustice (One popular satiric quip about dispensing justice in Taiwan: The rich get off scot-free, the poor get the death sentence (有錢判生,無錢判死). It's a succinct way to say that the rich defendant in court is always acquitted, while the poor man or woman who is indicted is sentenced to death.  ) should be repeated, and blasted (5-20-2016) Taiwan justice earning no Taiwanese people trust.  

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pic.: This websites group was ranked No.1 on
Yahoo search by "Taiwan prosecutors" in Chinese , 2-27-2018

　

pic.: This websites group was ranked No.1 on
Bing by "Taiwan prosecutors" in Chinese , 2-27-2018

　

　

pic.: This websites group was ranked No.1 on
Yahoo search by "comment Taiwan Judiciary " in Chinese , 2-27-2018

　

pic.: This websites group was ranked No.1 on
Bing by "comment Taiwan Judiciary " in Chinese , 2-27-2018

　

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★  《The Liberty Times 自由時報》, opinion "自由談", 3-8-2017

     Taiwan judicial officials [bureaucrats] shielding one another in wrongdoings is more serious than those in political field.

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★  The United Daily,  3-6-2017  
        Taiwan's judiciary still work as hatchet man for KMT.  (陳師孟)

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★  The China Times,  11-12-2016   Editorial

        The prime goal of Taiwan's judicial reform is to chop off politicians' dirty hands behind the judgments.

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Taiwan judiciary

  

● pic left:  The web-sites were ranked No.1 on US google
by keyword "Taiwan's prosecutors" at 9-28-2017,
Taiwan prosecutors", at 2-9-2016, 9-3-2016
 ● pic right:  Taiwanese prosecutors usually follow order to access legal cases

　

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★   The United Daily,  08-24-2016   Editorial   <Look into Taiwan's culture that not obeying the laws, and Mega Bank case>

         ● Taiwan's political culture is always good at challenging and overtaking judicial system, in this sort of political ecological environment, Taiwan certainly fail to have citizens knowing and obeying the laws.

            ● Taiwan is notorious on its scammers and fraud-groups all over the world, but Taiwan's Judiciary and Legislative institutions never have a sense of shame on this, and never have intention to stop this criminal actions by punishments, in contrary, Taiwan's judiciary kept catching and releasing those scammers again and again, moreover, Taiwan used this as an excuse to dispute and meddle with China, therefore, how can Taiwanese people believe Taiwanese government taking judiciary reform serious ??
            ps: BBC, 4-22-2016, A recent diplomatic row between Taiwan and China has cast light on a massive international telecoms fraud problem.  It is said to involve thousands of scammers, some of them pretending to be government officials to extract money from victims.

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★  The Liberty Times,  02-25-2016     by Judiciary Reform Foundation, Chief Executive Officer 高榮志

　

       We should maximize the utility of accountability, Taiwanese people's most concern lie on eliminating incompetent judges and prosecutors, those just follow orders from their superiors, like to slip through and close a case, like to  calculate their personal benefit & advantages, and hopefully, direct election of part of judges and prosecutors, or Taiwanese people joining the jury panel, besides, prosecutors should not treat people as common herd or vulgar people,  police should be more friendly to the people ... (brief)

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★  The United Daily,  7-6-2016   Law professor Huang

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★  The Liberty Times,  6-5-2016  / 陳志龍

        Taiwanese people despise law officers,  because judges and prosecutors really deserved it, particularly, Taiwanese prosecutors abused their power badly, suggest to reform prosecutor system first of all (brief)

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★  The United Daily,  08-18-2016 
      National Chung Cheng university's survey found: 70% Taiwanese people don't believe the impartiality of Taiwan's prosecutors, don't believe the impartiality of Taiwan's judges.

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★  USA Country Reports on Human Rights practices, June 26, 2015

In July Chen Yu-chen, a former member of the Taiwan High Prosecutors Office, was sentenced to 12 years in prison for corruption. Prosecutors accused Chen of taking bribes amounting to NT$23 million ($740,000) to cover up gambling businesses; Chen was the first prosecutor ever convicted for corruption.

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Taiwan legal system


Taiwan judicial system avoid fighting with celebrities

  ● pic. above: public trust on Taiwan judiciary system keeps falling down in the past 8 years, study by national Chung-Cheng University / headpage of Liberty Times 2-23-2016   (blue line -  trust on judges of 2015 is 15.4%, yellow - trust on prosecutors of 2015 is 23.5%) ● pic. above: Taiwan's judicial systems avoid fighting celebrities / head-page head-line news of Apple Daily News, 8-29-2015 ● Pic. above: There's NO justice ! To our surprise, Endangering & poisoning Taiwan by 5000 ton cancer-producer strong acid is No Guilty ! / headline news of Apply Daily, 9-30-2015 

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Taiwan prosecutor system got lots of problems / former Prime Minister 　
   ● pic. above:  Next TV   Frank Hsieh 　

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★  USA Country Reports on Human Rights practices, Feb. 27, 2014

 The judicial system suffered from corruption, and that the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases had been questioned.

The constitution provides for an independent judiciary; however, the judicial system suffered from some corruption. Although the authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained. During the year judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural reforms. Some political commentators and academics also publicly questioned the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases.

The opposition DPP frequently raised the issue of judicial impartiality, citing 39 cases of DPP members, often prominent local and national officials, subjected to allegedly politically motivated investigations, arrests, and detentions.

In September, Justice Minister Tseng Yung-fu resigned and the KMT revoked Legislative Yuan Speaker Wang Jin-Pyng’s party membership for allegedly intervening in a legal case on behalf of opposition DPP legislator Ker Chien-ming (see section 1.f.). Wang subsequently filed a civil lawsuit against the KMT, and the court approved his request for an injunction of the KMT’s decision to revoke his party membership. The case continued at the end of the year.

The Judges Act, which established a judge evaluation committee in 2012, has been fully implemented. Nearly 100 individual reports of incompetence in the judiciary have been reported to authorities. One case resulted in a one-year suspension for a sitting judge. Civil society groups criticized the lack of action on the part of the judge evaluation committee.

The 2009 trial of former president Chen Shui-bian and his wife Wu Shu-jen heightened public scrutiny of pre-indictment and pretrial detention, prosecutorial leaks, other possible prosecutorial misconduct, and transparency in judicial procedures.

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★ Amnesty International (The London-based organization), Feb. 25, 2015

       Amnesty International said in its annual report that concerns remained in several areas, including the freedom of peaceful assembly, Taiwan’s handling of the student-led Sunflower movement protest against a trade deal with China in March last year.  In this protest, more than 200 protesters were summoned for questioning under the Criminal Code and Assembly and Parade Act (集會遊行法), and that they remained under threat of prosecution. (ps: At Feb. 10, 2015, 119 people of them, but no any policeman, already have been prosecuted.  2-11-2015, Apple Daily News, Taiwan)

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★ Freedom House 自由之家 ( a Washington-based think tank , USA ),  4-30-2015

      Taiwan's police treated by violence reporters while in the student-led Sunflower movement protest against a trade deal with China, Anti-nuclear movement protest(反核遊行), and China's official visiting Taiwan event (中國國台辦主任張志軍訪台)。Besides, in spite of that the authority investigated the event hackers attacked those media criticizing Chinese government,  Taiwan's press freedom score down to 27 (score 24 in 2014's report).

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● pic. above: Feed-animal oil for humans ?
 Public anger, Taiwan's Judiciary died already / the China Times, 11-28-2015.
 The darkest day in Taiwan food safety history / the Liberty Times, 11-28-2015.
　
● pic. above: 90.12% Taiwanese don't agree the trial decision: Tinghsin int'l group<頂新> selling processed feed-animal oil was acquitted of the charge / head-page of Apple Daily, 11-28-2015

● The China Times (12-14-2015):The legislative Yuan trickily made some law to cover big financial group, food scare already turned into a terrorist in Taiwan...
The Liberty Times (11-30-2015): Food safety still is a decisive factor to win presidential election (headline).  Taipei mayor Ko comments food-safety is decisive factor for KMT to loss election in 2014, most likely, in 2016 too. 

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★  The Liberty Times,  2-24-2016

 The most fierce, cruel and savage Taiwanese prosecutor (顏漢文) who made a fake traffic accident trying to murder a temple owner for property, and paid for murder that temple owner, etc, obtained 13 years "A" merit of professional performance in Taiwan's prosecutor system, hence, Taiwan's  prosecutors merit system is questioned...

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★  Next Magazine (壹周刊) 
9-2015 Jia-Ee local court prosecutor office's prosecutor 詹昭書 is suspicious of shielding hot-spring  and sludge businesses, asking a bribery several million dollars, was sentenced 10 years.



　
3-2015 Tai-Chung high court judge 胡景彬asked a bribery and invested underground bank etc, was sentenced 19.5 years.
10-2013 high court judge 陳榮和、李春池、蔡光治、房阿生, and former judge 邱創舜、former prosecutor 邱茂榮, took bribery 8.50 million dollars, was sentenced 10~20 years.

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★ Next TV    Frank Hsieh

Taiwan prosecutors

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★ PERC’s 2014 Report on Corruption in Asia, Asian Intelligence Reports Index
      Mar. 19, 2014 by POLITICAL & ECONOMIC RISK CONSULTANCY LTD (HK based)

   1.  Taiwan's judicial system failed to strike systematic corruption, e.g., Tai-chung High Court judge Hu G B(胡景彬) taking bribery.
   2. Taiwan's corruption index declined, high-position officials including KMT and DPP both in serious corruption status. 

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★  The Liberty Times,  10-17-2015  Head-page head-line

      Taiwan's Control Yuan () corrected Ministry of Justice 檢察，。

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★  Apple Daily News , Jan. 26, 2015  Taiwan's cabinet controls prosecutors by promotion system

 ... Taiwanese prosecutors have not made contribution to Taiwan's social reform, prosecutors system's reform fails as well, docile/tame prosecutors got promotion, personnel promotion system (is the key problem) leads to prosecutors' docile/tame......  The minister and the chief prosecutor have full power to monopolize prosecutors' promotion,  Taiwan's cabinet muzzles the judiciary by this way, and gets prosecutors under complete control ― twist around its own finger,  those prosecutors getting promotion actually have no honor...  Taiwanese prosecutors are in low morale, lots of them kept leaving prosecutor position and tried some new career jobs...

http://www.appledaily.com.tw/appledaily/article/headline/20150126/36351292/ （蘇振文）

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★  Apple Daily News , Jan. 13, 2015   prosecutors keep playing the role of ruler's tools

    During the period of Martial Law, doctrine of superemacy of law, ideology of constitutionality (法治理念) -  freedom and equal rights, etc, have never been internalized into the doctrine of law people, the law people were idle/lazy and ignored Taiwanese people's difficult situation, certainly got no Taiwanese people's trust.
   After Abolishing Martial Law, although there're some legal reforms,  the public credibility of justice in Taiwan is still low, because those legal reforms have never solidly/truly/reliably rolled forward to ”transitional justice", moreover, nationwide education in legality with core value of human-rights protection, critical thinking building, within-reason argument focusing has never put into practice...
   Only prosecutor system's reform completely paused and failed (...唯獨檢察體系的改革..改革完全熄火，即便體系內問題重重，卻依然像個大燜鍋，看不到前景。)...so that prosecutors not only continue to be ruler's tools, but also will be "loose cannons" for the power...  (檢察體系沒有做出符合權責相副、民主可問責性的制度改革，不僅會繼續扮演統治者的工具，更會成為權力的自走砲)

http://www.appledaily.com.tw/appledaily/article/headline/20150113/36323902/  （林孟皇）

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★  Apple Daily News ,   Feb. 17, 2015

       Taiwan's prosecutor charged Hong (洪崇晏) by using a very old Taiwanese law, "Assembly and Parade Act" /翁國彥.

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pic. Apple Daily (10-17-2015) head-page, poll :  75.83% think prosecutor's charge decision about New Taipei City Dust Exploring or color powder fire disaster (八仙塵爆 more than 500 victims) " unreasonable !" pic. right to left /  headlines of United Daily, Liberty Times, China Times (10-17-2015) : victim families blamed Taiwan's prosecutors only catch "little fish", "Judiciary is a game for the rich to play" "bureaucracy officials shield each other"("官官相護")

　

　

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★ The United Daily,5. 2015.

　

The deputy dean of Law School, National Cheng-Chi University, Dr. Young (楊雲驊) comments that the standard of  judgments on the same matters varies all the time is the reason why Taiwanese people do not trust Taiwan's judiciary.   The slogan of judiciary reform has been urged so many years, when can Taiwan's legal system reach the very basic - consistent judgment standard??

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Taiwan judiciary dead
● Pic: The standard of judgments varies from person to person all the time, hence judiciary's prestige and popular trust have all gone /  The United Daily 12-26-2015

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★  USA Country Reports on Human Rights practices, April 19, 2013

One of the principal human rights problems reported in Taiwan 2012 were judicial corruption. “Although the authorities made efforts to eliminate corruption and diminish political influence in the judiciary, some residual problems remained,” the report said.
The report also said that political commentators and academics had publicly questioned the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases.
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★  <Transparency International>, Germany,  July 9, 2013

The finding of the 2013 Global Corruption Barometer (GCB),  ( the Gallup Poll to interview 114,000 people in 107 countries all over the world):
 36% of  people (surveyed in TW) who had used any of eight government services in the past year had paid a bribe (the number is higher than global average).    Taiwanese people think the No.1 unit need paying bribery is judicial system(最需行賄的機關，竟是司法體系).
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Taiwan's corrupt/extremely corrupt institutions:
(1) The came-out worst corruption institution: the Legislative Yuan( 75 % of respondents feeling the institution was affected by corruption)
(2) the political parties (74%)
(3) Taiwan's media (62%)
(4) judiciary (57%)
(5) police, the military, public officials and civil servants all finishing at 56 percent
(6) non-governmental organizations (31%)

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★ <Apple Daily News> 12.24.2013, head-line news

　 　 　 Taiwan judiciary corruption ranks
　 rotten prosecutors and judges in Taiwan

　

  ★ pic. left: <Apple Daily News> 12.24.2013, head-line news

"Who else can we trust ??"

"such rotten judge in Taiwan !"

taking bribery

name

status
(1)  NT3250,000 (bribe)
NT$46,470,000(suspicious/unknown-source property USD 1,500,000)		 judge Ho胡景彬, Tai-chung city prosecution
(2) NT$23,250,000 (about USD800,000) prosecutor陳玉珍 shelter illegal business, under investigation
(3) NT$3900,000 prosecutor徐維狱 bribery for not prosecution, 20 yrs sentence, in jail
(4) NT$3000,000 prosecutor宋宗儀 bribery, 12 yrs sentence, in jail
(5) NT$2500,000 former judge林昆堃 bribery, 11 yrs sentence, in jail

　

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★ <Next Magazine> of Apple Daily system《壹周刊》 2.13.2014

prosecutor's Chinese name

position

criminal facts

邱茂榮

prosecutor (板橋 district court)

 Received NT$1,500,000 from legislator's corruption case, sentence: 6 years
詹昭書

prosecutor (HsinChu district court 新竹)

 Asking and taking bribery NT$730,000+ , sentence: 10 years
吳傑人

prosecutor (Kaohsiung district court高雄)

 Force to have sex with beauty call-girl, and has closer relationship with lots of girls involving with some other legal cases, sentence: 7 years and 6 months

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★ <The Liberty Times>, Taiwan, 1.30.2014  Li ShinEe, former member of Control Yuan (Taiwan government)

Taiwanese people are not confident at Taiwan's judiciary (legal system - prosecutors and judges ) for a long long time.  According to statistics, Control Yuan received 18000+ statements/complaints from Taiwanese each year, about 5000 of them are judiciary matters ―  (1) rotten (corruption) behavior of judicial officials (2) Taiwanese judges/prosecutors' poor attitude in judicial court session/hearing  (3) written judgments against the law (the Act.)  (4) Taiwanese judges/prosecutors' "free evaluation of evidence through inner conviction" against empirical rule.   In brief, Taiwanese people criticized the most are corruption and impartiality of judges and prosecutors (abusing the power to prosecute and not to prosecute) ......  (by 李伸一)

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★ <Apple Daily News> 1.15.2014

Taiwan's Legislature passed wiretap restrictions yesterday, but vice secretary general of the Judicial Reform Foundation expressed that this amendment works nothing for Taiwanese privacy protection in advance and remedy afterwards (該修正案對人民隱私權的事先保障與事後救濟都是空的), Taiwan should learn "four-eyes-principle" (sync. wiretapping by prosecutors and police with judge's approval together with telephone-service staff inside the machinery/equipment room, Chinese namely "同步監聽") of USA or Japan, Taiwan's current way to do it seriously harms Taiwanese privacy.
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★ <Apple Daily News> 1.16.2014 editorial
The legislature yesterday approved revisions to the Communication Security and Surveillance Act (通訊保障及監察法) to toughen the rules governing the use of wiretaps... previously, the prosecutors may keep listening someone even the legal case had already been closed, or the prosecutors may wiretap on a specific person and by the way listen other people in the same case... all these show their (prosecutors, police, investigation units) attitude of abusing power & playing the law.  This amendments immediately led to a rebound (opposition) by Taiwan's prosecutors, police, and investigation units...The Judicial Reform Foundation expressed : Taiwan's judiciary has not made any progress at all unless they avoid wiretapping mistakes by abolishing the watching center or attaching it to or under certain authority remaining neutral, and not allow accessing communication records unless they got the judges' approval...

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★ <The Liberty Times>, Taiwan, 1.13.2014   林鈺雄 Dr. Lin, NTU professor
Taiwan turns to a "privacy hell" because prosecutors and police abuse the right/power of retrieval of Taiwanese communication records... Taiwan's police access the most number of Taiwanese communication records (nearly 80% occupied)... Taiwan's total number of retrieval equals more than 200 times the number of records-retrieval in Germany ...  Taiwan's prosecutors (or even police , investigation units) by themselves approve and issue approval of application for retrieval of communication records, without Taiwan judges' objective approval......   Taiwan's prosecutors and police want it quick and energy-saving, judges want to get rid of burden, so, Taiwan's constitution and Taiwanese human rights are not their (prosecutors, police, etc) concerns eventually ......?
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★  <Apple Daily News> 1.14.2014
 Taiwan's Court hard to control abusing of power by prosecutors & police (「法院難管檢警濫權」author:  錢建榮, Taiwan's court judge)
Taiwan's prosecutors and police do wiretapping by using serious crime felony to cover up misdemeanors(重罪掩飾輕罪監聽), Taiwan's judges don't question their evidences/proofs...... the biggest problem is we don't have full-duty prosecutor's order court ( 專責的「強制處分專庭」), judges take turns to do the job, and don't care too much about those application for prosecutor's order... Taiwan's judiciary practice makes no difference between "judge for investigation" and "judge for judgment"... so Taiwan's Judiciary Yuan fails to reach the basic : to evade/side step the issue of dividing applications (「分案迴避」), e.g.,   those judges during investigation proceedings approve detention of accused, will they think the accused is innocent during judiciary proceedings? .... Taiwan judges fail to reach the goal of professional quality and neutrality ...！wiretapping harms the most Taiwanese privacy, but till now Taiwan fails to send a formal notice to those people being listened... Taiwanese people won't know being listened until they were prosecuted, as for those people not being indicted, they will never know about this ....  Taiwanese people can not do anything about this nation's most serious - mandatory punishment, no one can help them, they are rejected by Taiwan's judiciary systems...
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★ <United Daily News>, Taiwan, 12.26.2013

...The main theme of a prosecutors general conference/meeting held recently is "how to keep prosecutors' case-processing quality ―  investigation with human rights protection, avoid indiscriminate prosecutions (response to many criticism/questioning "prosecutors' abusing prosecutions & appealing  without concrete evidences" ) "  ......  Taiwanese people will go away farther and farther from Taiwan's legal system if judiciary fails to stop illegal persuasions....
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★ <the China Times>, Taiwan, 11.28.2013
 editorial - "Taiwan's judicial Yuan should do something to stop legislators' illegal persuasions"

If the Prosecutors system (the principle of Integrating/unification procuratorates) fails to eradicate the unhealthy & illegal persuasion, instead, they encourage the evil trends of illegal persuasion,  the credit of Taiwan's judicial system and prosecutors system both will be bankrupted.  This certainly brings public outrage to boiling point ―  if Taiwan's prosecutors lodge an appeal to a higher court for ordinary people's cases, but give up an appeal for cases of person in power......

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★ <The Taiwan Foundation for Democracy (TFD )> survey, Dec. 10, 2013
     (reported by <the Liberty Times>, <United Daily News>, <The China Post>, <The Taipei Times>)
 According to 2013 survey (Dec. 10, 2013) conducted by The Taiwan Foundation for Democracy (TFD ) & SHU that shows a "F" score (rating 2.7/5.0 points) on overall human rights status ―  in decline for a third consecutive year.
 2 points were given to " Non-external intervention of the judiciary", 2.3 points to "fair trials".  Both are "F" scores! (rating range 0.0~5.0)

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★ <Apple Daily > , Taiwan, 2013.11.5

"Do not let prosecutors rule our country Taiwan"  別讓檢察官治國（林孟皇）

 Most Taiwanese people are worried about the  prosecutor may become a untamed run-away horse if  not properly controlled, because they can initiate investigation of cases, and also enjoys strong powers of enforcement action, particularly once prosecutors become rulers' tool, this may cause our society's unbearable turmoil. (多數國人所擔心的，反而是檢察官可以主動偵辦案件，又享有強大的強制處分權力，如果控制不當，成為脫韁野馬，尤其檢察官常會遇到政治人物的案件，一旦成為執政者的統治工具，屆時社會將面臨難以承受的動盪。) .... Unfortunately, for a long time most  prosecutors  may take any (good/bad, or correct/wrong) means to reach their justice goal, they lack constitutional thinking. (多數檢察官們只在乎實體正義，為達目的，不擇手段，更缺乏憲政思維。)...
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★ <Liberty Times> Taiwan, 2013.11.11   "Chief Attorney is not qualified for the job,  the Special Investigation Unit must be abolished"!
    (by 許玉秀 a professor at National Chengchi University School of Law, Ph.D. University of Freiburg, Germany )

 Absolute power leads to absolute rotten, is the philosophical basis of the Special Investigation Unit must be repealed. (絕對的權力，絕對的腐化，是特偵組必須廢除的哲學基礎。) ...... My view is many important events recently (like poisonous oil, abusing young soldier to death, eavesdropping/monitoring event, etc洪仲丘案、洪石城案、關廠工人案、文林苑、大埔案等等 )  are class exploitation (階級剝削) - which means some people treat  another group of people as objects, ... ( 把人當作客體、當作物), that explains Taiwan's chaos ...

Recently, the Special Investigation Unit (of chief prosecutor) is not willing to and is not able to follow the due/correct process... If Taiwanese people don't destroy the most powerful weapon (the Special Investigation Unit), will be killed or wounded by it ...
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★ <Liberty Times> Taiwan, 2013.12.23  蔡烱燉

 ... some prosecutors fight to have so-called "judges" attribute, ... their motive is having tenure and treatment for life (what judges have) .. If our system is not designed well ―  neglecting of  the administrative supervision of prosecutorial power, and judges' human rights defender role, many innocent Taiwanese people most likely will suffer or to be victims for prosecutors' monitoring or/and prosecutions without good enough investigations... (部分檢察官爭取所謂司法官屬性...動機就是爭取法官得身分與保障(終身職與待遇)...  設計制度時若輕忽對檢察官權的行政監督,及對法官人權守護者的要求, 就很可能使許多無辜人民因未詳查即起訴或監聽...而無端受害...)
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★ <United daily News 聯合報>, 12.25.2013

The prosecutors has big power - they have right to do investigation just because they heard something or reading something via media... hence we need something to limit/control their power, e.g., prosecutors can freely select which evidence/proof they want from many provided/existed, however, this may leads to illegal actions if they take bribery and/or illegal persuasion...  (檢察官權力很大...可以聞風辦案(聽到傳聞或媒體報導)...因此必須有內部權力節制... 以「自由心證」為例法律賦與裁判者自由採取那些證據採信那些證詞得權力... 若有金錢誘惑, 人情包袱等，心證就不自由了而成收賄或關說之違法...)
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★ <Apple Daily > , Taiwan, 2013.12.28

... Taiwan's most rotten prosecutor got straight "A" during her corruption period.... Taiwan's evaluation system is too much pseudo & phony, not only judiciary system is working this way, all Taiwanese bureaucracy (ps: government) system is this way, so, no wonder Taiwan's competitive ability ranks the last in Eastern Asia...
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★ <Liberty Times> 12.28.2013  <Who scares recording DVD in the court ?  誰怕錄音光碟?>  (ps: new law has been modified, the DVD including all debates and conversations on court will not unconditionally be applied as before, critic comments/questions some people are afraid of being criticized by media etc... )
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★  USA Country Reports on Human Rights practices, May 24, 2012

it highlighted the problem of corruption in Taiwan, saying more than 400 officials were indicted on corruption charges in the past year, including 54 high-ranking officials.

In addition, it said the judicial system in Taiwan “suffered from some corruption.”

The impartiality of judges and prosecutors involved in high-profile and politically sensitive cases was being questioned by some political commentators and academics, the report said.

As for women rights in Taiwan, According to the MOJ, the average prosecution rate  for rape and sexual assault over the past five years was approximately 50 percent, and the average conviction rate of cases prosecuted was approximately 90 percent.

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★ <DPP>Policy Research Committee (民進黨), Dec. 10, 2012

According to DPP's poll in Human Rights Day (Dec. 10, 2012), 62.3 % of Taiwanese are dissatisfied with the government's protection of human rights, 67 % of Taiwanese are dissatisfied with the government's protection of judicial human rights (司法人權), 64.9% of Taiwanese are dissatisfied with political  human rights. (政治人權)....

　

◎   Flaw of Taiwan legal system, practical case, click !

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       Taiwan's  Prosecutors' scandals
　 　
　 ★ （<The Economist> UK),  July 22, 2010

 The article under the theme of （Corruption in Taiwan--Confirming the worst suspicions） reported : 

 Three high-court judges and a prosecutor had been detained amid allegations that they took bribes to fix the outcome of a high-profile case, has brought public outrage to boiling point.

 The case is Taiwan’s biggest judicial-corruption scandal in over a decade.

“The significance of this case is that it makes all the rumours a reality,”

 The country's president, announced the formation of a new commission to battle corruption and vote-buying.

 Such talk is ... drawing comparisons to Singapore’s Corrupt Practices Investigation Bureau and Hong Kong’s Independent Commission Against Corruption. But, unlike those bodies, the    Taiwanese commission will not report directly to the president, but only to the justice ministry, where tangled bureaucracy and civil servants who are deferential to their political bosses could limit action.

 In any case, complains the opposition Democratic Progressive Party (DPP), and various experts, such a commission will be toothless as long as it is nearly impossible to sack bad judges and prosecutors. An act calling for such a mechanism has long been stalled in parliament.

★<Liberty Times>, 12.23.2013
  If judiciary is used by politics, Taiwan really goes back to "white terror" age ... currently monitoring is everywhere, according to the law, the related institution should send document to those people being listened - but they did not really do it, ...  "officials shield/shelter/cover up other officials" problem exists in Taiwan, it's horrible that their power can't be controlled... there're too too many monitoring, nothing hurts Taiwan's human rights more than this...... Besides, Taiwan's judges and prosecutors handle too many cases, leading to bad quality of judiciary ... (interview with NTU professor Pong)   (如果司法再被政治利用， 台灣真的會回到白色恐怖時代，...  現階段，監聽無所不在，監聽完，依法要寄通知書給當事人，也沒有落實的做，...因司法體系內有「官官相護」的問題，權力不受制衡是最可怕的，....現階段監聽很泛濫，「傷害人權莫此為甚」 ...   司法官手上的案子太多，裁判的品質當然差，司法文書白話文也克不容緩... 專訪台大教授彭文正) 

★<United Daily News>, 12.24.2013  "Taiwan's most greedy rotten female prosecutor", Chen (陳玉珍) got "A" (everyone should learn) grade by her bosses during her corruption period 2000 ~2006 ( 高檢歷任首長給"台灣最貪女檢察官"的陳玉珍，在涉貪期間「認真負責、腳踏實地、學養俱豐、明察秋毫」等評語，品德操守為"A"級 ) 《The China Times 中國時報》, Dec. 3, 2013 "Taiwan's most greedy rotten female prosecutor", Chen (陳玉珍)'s asking bribery NT$10 million (USD300 thousands) case, now will be sent to Judicial Yuan for law-court investigation (she may lose her job if in worse case).

★《ETtoday》, 11.29.2013

DPP Legislator Ker Chien - ming (柯建銘): Chief attorney (attorney general) Huang Shiming's (黃世銘)secrets-leaking case, actually is a political struggle by using the tool ― judicial investigation...   

★ France《AFP》, Thailand《Bangkok Post》, etc, 11.1.2013
 Taiwan's top prosecutor indicted for leaking secrets

... Prosecutor-general Huang Shyh-ming was charged with leaking secrets relating to the probe, which is examining allegations that parliamentary speaker Wang Jin-pyng meddled in a court case implicating an opposition lawmaker. "Prosecutors should remain neutral and independent ... but the accused rushed to brief the president who was not involved in the case to provide information of an ongoing probe in violation of the laws," the Taipei district prosecutor's office said in a statement.  The information was obtained by a wiretap on opposition Democratic Progressive Party lawmaker Ker Chien-ming's phone, which prosecutors have insisted was legal.

However, the DPP has compared it to the Watergate scandal in the United States which resulted in the resignation of then-president Richard Nixon in 1974 -- something they have now insisted Ma must do....
 ★  中國《China Daily》, Xinhua Updated: 2013-11-01 19:52     Huang Shyh-ming, chief of Taiwan's prosecutorial authority, on Friday was accused by the district prosecutors office of Taipei for leaking confidential information.   An investigation of Huang's case concluded on Friday. Local prosecutors believe that Huang briefed Taiwan leader Ma Ying-jeou on information about an ongoing probe of an illegal lobbying case that involved Wang Jin-pyng, the island's chief legislator, according to a Taipei prosecutors office press release.
 ★   <United Daily News>, Taiwan, 12.18.2013   Chief prosecutor in Taiwan's high-court prosecutors office will step down for sure, for illegally communication/lobby/persuasion.
 ★   <Central News Agency>, Taiwan, 1.8.2014   Taiwan's Control Yuan failed to impeach Huang Shyh-ming, chief of Taiwan's prosecutorial authority.
   

★ <The Liberty Times 自由時報>  Nov. 13, 2013
A lousy shameful prosecutor sold his soul for a tiny little profit (about USD24,000) to illegally cover some hot-spring business, etc!

★ <United Daily>, <China Times 中國時報>,Taiwan , 1.1.2014
  A prosecutor (Tai-nan city) was charged 20 sentence for an attempted murder/killing for taking a temple property.  (地院判NT$100萬交保,  限制出境)

 
★《The China Times 中國時報》 《China Review, Hong Kong 中評社香港》2007-08-17

    What a weird thing ！Prosecutor want an apology, in spite of the guy already received an innocent judgment by the court .

    The Taiwanese prosecutor (Prosecutor is inside Taiwan's legal system ) does not take appeal process inside legal system , but hold a press conference to argue what correct/wrong is ... 　This harms image of Taiwan's judicial system and prosecutors...　

 
★  政風新聞電子報   www.99ch.com.tw  , EMAIL：peikoonw@gmail.com 

   "Prosecutors charge the country (「檢察官治國」)" 
     full text pls refer to Chinese edition: http://www.99ch.com.tw/news-detail.asp?lang=1&doc_id=8478

   ● 「蹺班偷情篇」... A prosecutor in Kaohsiung (洪期榮) brought a female prosecutor to hotel, and did battery to <Apple Daily> reporter... His office did not give him any criminal punishment ...   2008/10/16
　

　

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        More comments on Taiwan prosecutors 　

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★  Amnesty International, London, UK,  annual report The State of the World's Human Rights 2011, May 13, 2011

        Taiwan was criticized over issues to do with the death penalty, freedom of expression, justice ( also voiced concerns over the slow progress to enact a judges' act to address corruption scandals involving high court judges and over the working conditions of migrant workers.) and migrants' rights.
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★  <Transparency International>, Germany,   Dec. 10, 2010

     Taiwan's corruption sorting list:  worst ― Police: 3.9,  Parliament/legislation: 3.8,  Public officials/civil servants :3.8,  Political parties : 3.5,  military: 3.4,  judiciary: 3.3 ,  Media , Education systems : 3.2
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