judicial reform  of Taiwan    ★ ,a case study on public insult which is similar to American Laws around libel & slander

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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. (林裕順／警察大學刑事系教授)

　

　

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.  

　

　

　

　

　

　

　

　

　

　

 		　

　

　

pic. left:  No.2
"judicial reform
in Taiwan"
on Bing, 7-23-2019;

　

　

　

　

pic. left-2:The websites group's "Taiwan judicial persecutions" "台灣司法迫害"
was ranked No.1 on  Baidu of China, 8-3-2019 

　

　

　

　

　

pic. right:
No.2 an No.3 "political judicial
persecutions in Taiwan"
 (Chn. version)
on Google,
7- 19-2019
　

　

　


pic.: ★ The Liberty Times (<自由時報>) headlines、3-16-2019: prime minister Su (蘇貞昌) is not satisfied
with the outcome of Taiwan's judicial reform, he urged that out-of-date judges ("dinosaur judge", "恐龍法官") should be eliminated !

 ★ 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 United Daily,  2-26-2019,  The Liberty Times, head-page, 3-16-2019:  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 Liberty Times, head-page news, 7-9-2019, The China Times, 7-9-2019:  According to a survey by the Judiciary Yuan (gov.),  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 ...

　

　

　

 　

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blind God of Justice

　

　

pic.:  
 ★ USA Country Reports on Human Rights practices, 
3-13-2019, 4-20-2018, 3-3-2017

: The justice ministry of Taiwan was insufficiently independent ...

　


　

★ The United Daily,  06-18-2016,   Head page news:
Taiwan's prosecutors admitted that they usually follow their
superior's order to conclude legal cases...
　

　

　

 　

　

　

　

judge cartoon

　

　

　

pic.: ★ The Liberty Times,
 headline news, 3-16-2019:
　

some decisions the justice made
are far from
people's expectations

　

　

　

★ United Daily 4-9-2019:  Three Taiwanese presidents majoring
in the Laws, as well as the legislators should be responsible for
the  lousy image of Taiwan justice (brief)



 ps: this cartoon modifies the author's own cartoon
 in the UDN group printed about 25 years ago

　

  ◆ 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 (Formosa TV), 7-26-2018: Public trust in judges is less than 16%, according to a survey in last year. 

 

◆  The Liberty Times,  06-19-2016,   UDN, 3-6-2017: Taiwan judicial system has been ruler's political tool, law officers have been controlled by politics
...    Taiwan's judiciary still works as a hatchet man for KMT political party.

　

　

◆  United Daily, editorial, 5-6-2019: Control Yuan should impeach of Taiwanese prosecutors for underprivileged people, not just for their own politicians.
　

 ◆  Epoch Times, 1-17-2003:   The Control Yuan of Taiwan warned to impeach of Taiwanese prosecutors' abuse of inner conviction since 2003.

　

　

 see Taiwan justice in 1 minute, click !

　

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judge justice cartoon

　

　

　

　

      

　

★ Liberty Times (自由時報)

 3-16-2019

headline news:

　

 Taiwan's Prime Minister:

　

out-of-date

judges
should

OUT !!

　

　

　

　

†   

　

 

　

◆《 Liberty Times 》(《自由時報》), 6-25-2019:  insulting (by the words "rascal w uniform" or "slave" ), abusing, biting or slapping the face of the policeman by a member of Congress or Council was not guilty (except offense of interference of public functions), the High Prosecutor Office rejected / dismissed the appeal and sustain the original conclusions, this demoralize all the police and cast a chill over the police field.   Experts in the news comment that inconsistent standards result in low public-trust and a very popular term "dinosaur judge" ("恐龍法官") all over Taiwan...

　

　

　

　

　

Amendments ("lay judge system" and enforced retirement to ineligible judicial officials) was just made at 6-28-2019
 to a law on monitoring judges and prosecutors, a long time after Legislators' demand to take action over judicial officials corruption at 2010/07/16; 
Let's see how it works?  keep dirty hands of politics out of the system ?

　
　 　

tbl. source: the China Times, 6-29-2019

   (1) people can send their requests or appeals to <Law Evaluation Committee> (法評會)

　

  (2) <Law Evaluation Committee> can send cases directly to <Mission Court> (職務法庭)

　

  (3) New systems give punishment, enforced retirement etc to rotten judicial officials

　

  (4) 3 judges and 2 outsiders to make up a "panel discussion" court (合議庭)
　 　

　
　 　

tbl. source: the China Times, 6-29-2019

  pic.:  DPP legislators are happy giving birth to the new Laws
on monitoring judicial officials,
they lifted some boards
 writing "Evaluating the judges, and open to the public
on the internet !"  -  

　

That's what the website has been doing, one of my web-pages
 has been ranked No.1
by the Chinese keyword "台灣司法評論"
("comment Judiciary"  in English)
on Google, Bing, etc for several years already
　 　

★

The 5 star hotel restaurant suit case  ―  most likely a political-oppression case (but no one dares to admit it).  May  2019

　 　

1.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

 (1) two chefs in the seafood bar 
(2) the expert examinations fail to tell who was sniffing
because it's very noisy (background clutter) there

 (1)  According to video or picture (below), only one chef was serving in seafood bar , obviously both the Taipei Prosecutor Office and the Taiwan High Prosecutor Office have not read the document or video to conclude the suit case
(2) According to the video, only one customer - the accuser (victim) was at front of the seafood bar.  
　 　

　

　

 　

　

　

　

　
　

pic. : Only one chef in seafood bar, but High Court's chief prosecutor "saw" two chefs there - 
are they blind to all the documents (e.g., applying for Reconsideration of the Ruling) and videos ?

 it is impossible that both the prosecutor (Taipei Prosecutor Office) and chief prosecutor (Taiwan High Court Prosecutor Office)
made same mistake !  or they were just trying to deliver some political messages ?

　

　
　

 

　

　

　

2.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

(1) A 5 star hotel restaurant chef shouted
"the exit is there ! the toilet is out there !!"
to a dining customer (didn't ask him where toilet is)
 in the presence of large number of
customers in that very large restaurant
committed no any humiliation offense (crime of defamation, or public insult which is similar to American Laws around libel & slander)  in Taiwan


(2) The expert examinations failed to tell who spoke those
loud and clear phrases 

　

 　

(1)  Those phrases ( "the exit is there ! "the exit is there !  the toilet is out there !!"  )  to humiliate and push dining customers out of the restaurant without any reasons certainly committed an offense.
(2) The seafood department has only a few chefs, their manager can easily tell who was the suspect.   Is Taiwan short of the A.I. (New Scientist>, nov. '17) or other very old tech. to examine those voices ?  I doubt it !
(3) "toilet" is a symbol of waste, and stinky, dirty things.
(3) Taiwan isn't a foodie-friendly country, or a civilized country   -  compared with the rules for American's restaurants - ref. to Forbes, 9-3-2012, New York Times, 10-29-2009.

　

　

　

5 star hotel restaurant in Taiwan
pic.: a "VIP" seat in Taiwan's 5 star hotel restaurant - this modifies the author Zola Zu's cartoon in the China Times about 25 years ago

　

　

　

3.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

 The chef repeatedly loudly sniffed at
 the dining customers in the presence of large number of
customers in a 5 star hotel restaurant
committed no any humiliation offense (crime of defamation, public insult which is similar to American Laws around libel & slander)

 (1)  The prosecutors intentionally turned a deaf ear to two witnesses testimony-documents given in presence of judicial police officials in police station to prove the chef did sniff at customers repeatedly to humiliate customers.   The foreigner witness placed her fingerprint on the document.
(2) Oxford and Collins dictionary : "sniff" express "contempt" , Law dictionary states "contempt" is "tends to publicly depreciate"。
(3) "You smell !" was judged by the Courthouse as an offense, in contrast, sniffing at your nose is not an offense concluded by the High Prosecutor.   Something wrong out there !
　 　

　
　

　

pic.: "sniff" meaning in Oxford, Collins, Cambridge dictionary

　

　

　

　

　

　 　

　

　

　

 pic. left :  Taipei Court House (台北地方法院) and Prosecutor Office both judged the phrase "You smell !" is an offense and is guilty.

　

In contrast, the High Court Prosecutor Office concluded that sniffing repeatedly at someone in presence of  huge number of customers in 5 star hotel restaurant is not guilty.

　

Taiwan's justice can only deal with some vulgar swear words  escaped from peasants' lips ?

　

but has nothing to do with those well-design humiliation words with evil motive and strong determination to intentionally hurt people ?
　

　

　

　

4.  principal points of the arguments

    High Prosecutor Office,  Chief prosecutor

 The site

 (1) The chef may made unintentional mistakes (無心之過 )


(2) The chef and the victim were not acquaintance

　

(3) The probative value of evidence shall be
determined at the discretion and based on
the firm confidence of the court, provided
that it cannot be contrary to the rules of
experience and logic.

(1)  Professor Lin (成大法學教授林東茂): " The humiliation stands firm when 4 letter words following an egg to the victim， Taiwan's criminal law should react stronger to this sort of case" .   In the case, the suspect humiliated the victim by sniffing repeatedly following bad words.   It should not be an act on impulse or kind of a spur-of-the-moment thing as Prosecutor Office said. 

(2)  Lots of crimes are made by strangers,  the case most likely is a political-oppression case (but no one dares to admit it).
(3) The rules of experience and logic has been excuses for years,

  jumping to conclusion without basis for judgment is abusing inner conviction ( beweiswurdigung ; doctrine of discretional evaluation of evidence) .
　 　

　

　

media

rules for American restaurants

New York Times,
 10-29-2009

rules for restaurants

　

 ◆ ... gracefully, the less noise the better

◆ ... Do not compliment a guest's attire or hairdo or makeup, you're insulting someone else

◆ ... Don't gossip  ... within earshot of guests

◆ ... Don't have a personal conversation with another server within earshot of customers

Forbes, 9-3-2012

rules for restaurants

　

 　

◆... serve customers not annoy them

　

　

　

New York Times,
 10-29-2009

rules for restaurants

　

 ◆... Never bring a check until someone asks for it, then give it to the person who asked for it

Forbes, 9-3-2012

rules for restaurants

　

 　

◆... serve customers not annoy them

◆... it's a matter of being attentive and looking for signals

◆ ... when you bring the check, either wait a moment from a little distance... or come back right away

　

　

　

　

　

　

 The non-prosecutorial disposition by Taipei Prosecutor Office,
 Taiwan High Court Prosecutor Office  decision-pronounced disposition document (5-21-2019)  (brief)

台灣高等檢察署 檢察長王添盛 之處分書 (brief)

　

　

　

　

　

　

Taipei Prosecutor Office and Taiwan High Court Prosecutor Office ( chief prosecutor Wang Tiansheng 王添盛)
spent unusual long (nearly one month, usually 7-10 days) to conclude the case, and obvious mistakes are out there !

　

　

　

　

　

　

　


　

5 star hotel chef: " certainly, neither a political message nor an order from state machine"

　

　

some more case studies

　

　

　

　

                   

　

　

　

　

　

 ★   In Taiwanese mind,  the judiciary is as out-of-date as the ancient animals  ★     

　

in the US, the victim can gun shoot an unwanted intruder

, but in Taiwan, you will be charged by criminal laws if pushing the intruder out  by naked hands

 ... see the case in English, the case in Chinese

　

　

　

　

　

　

　

　

　

                   

　

　

　

　

 

★   pic: Taiwanese judge thinks dizzy, sleepy,  disabled elderly (aged about 90) definitely can stand independently during sleeping time,
the care-giver's running away which resulted in the elderly's falling down is not against the laws.
 ★  ps: hospital: medicines may cause dizzy...   click to see the case !  the case in Chinese

   

　

　

　

★ Taiwan fraud : The suspect attempted to commit fraud, is not a crime of <attempted fraud>, concluded by Taiwan's high prosecutors. full details

　

　

★

 Comments on Taiwan judiciary

　

★ see Taiwan's Judiciary by int'l & local fair comments

　

Int'l & local Institutions

critiques on Taiwan judicial systems
USA Country Reports on Human Rights practices,  3-13-2019 justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.
The United Daily,  2-26-2019:  National Chung Cheng university's survey : Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%.
Liberty 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.
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,  10-23-2018:   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 (Formosa TV, 政經看民視): Public trust in judges is less than 16%, according to a survey in last year.      
United Daily News, 2-13-2018  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 (
　 　
Taiwan president Tsai Ing-wen (Apple Daily, Liberty Times etc ,11-30-2016; China Post, Dec. 5, 2016,  United Daily 2-27-2018) Taiwan president Tsai Ing-wen pronounced a death penalty on Taiwan's justice, stated by Judges Association for President Tsai declared at Judicial Reform meeting (11-25-2016) that  no such injustice "The rich get off scot-free, the poor get the death sentence" (有錢判生,無錢判死) should be repeated, and blasted (5-20-2016) Taiwan justice earning no Taiwanese people trust.
Taipei mayor Ko (United Daily 2-27-2018) Taiwan's jail and prison are good only for those have no connections at all. ("監獄是關沒有辦法的人")
National Chung Cheng university's survey  (head-page of the Liberty Times, 2-23-2016)  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.
USA Country Reports on Human Rights practices, 3-3-2017 (US state dept.) The justice ministry was insufficiently independent and conducted politically motivated investigations of politicians.
 USA Country Reports on Human Rights practices, 6-26-2015, 2-27-2014 (US state dept.) 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...  the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases had been questioned.
The United Daily,  06-18-2016,   Head page news Taiwan's prosecutors usually follow their boss's  (commanding officer) order to access and rule legal cases ... " He is bigger than I am, what can I say??" (檢察)
The deputy dean of Law School, National Cheng-Chi University,The United Daily, 5-2015)  the standard of judgments on the same matters varies from person to person all the time is the reason why Taiwanese people do not believe Taiwan's judiciary.  
 The United Daily,  08-24-2016 ,  Editorial Taiwan's Judiciary and Legislative institutions never have a sense of shame on releasing major crimes of international fraud , and never have intention to stop this criminal actions by punishments...
USA Country Reports on Human Rights practices, April  13, 2016 (US state dept.) the impartiality of judges and prosecutors involved in high-profile and politically sensitive cases have been publicly questioning
The United Daily,  7-6-2016   Law professor Huang National Chung-Hsin University, Law School (中興大學)
The Liberty Times, 2-28-2017 http://wenichin.blogspot.tw/ The most serious and terriblest judicial problem is its deep structure ―  judicial organs became state party's slave servant, it's incurable ... If we can't expel all judges and prosecutors, jury system is a better solution at the moment.

　

　
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