Law – Page 4 – Taiwan Insight

Judicial Reform in Taiwan in the context of the Citizen Judges Act

22 March 2023 Adrian Chiu

Written by John Burn. In her inauguration speech in 2016, it was claimed that Tsai Ing-Wen received her most rapturous applause for her pledges to institute reform of the judiciary and criminal law proceedings. In a climate of widespread public mistrust in a perceived detachment of judges’ interpretations of the law and public morality, Tsai embarked upon her stage of the long and slow relay of reform. So far, her administration’s most significant stride in this direction has been the Citizen Judges Act, which came into effect on the 1st of January this year. Yet this measure is only the latest legislative development in the long, complicated course of Taiwanese judicial reform.

Tainan Police Murder: A Chance for Total Reform of Police Use of Force Training

16 January 2023 Chee-Hann Wu

Written by Wei-An Tsai. In August 2022, the brutal murder of two police officers on duty in Tainan city sent shock waves through Taiwanese society. The two officers, Tu Ming-cheng (凃明誠) and Tsao Jui-chieh (曹瑞傑), were tipped about a stolen motorcycle and set out to investigate. However, they were later ambushed and killed by the suspect shortly after arriving at the scene, which was in an unpopulated area.
The two officers suffered fatal stab wounds, despite one carrying a gun. The issue of the timing to use firearms quickly became the centre of public debate. In apprehending the suspect on the run, the Interior Minister, Hsu Kuo-yung (徐國勇), instructed police officers “not to hesitate to open fire when faced with resistance.”

Police’s Right to Use Firearms? Lessons from the Murder of Two Police Officers in Taiwan

13 January 2023

Written by Ting-Yi Bai. In August 2020, the murder of two police officers shocked Taiwanese society. The police officers, Tu Ming-Cheng, and Cao Ruei-Jie, investigated larceny after receiving a report that a stolen motor had been seen near Chikan Tower in Tainan. While searching for the suspect separately, Tu Ming-Cheng was suddenly attacked by the inmate Lin Xin-Wu, who had escaped from Mingde Minimum-Security Prison. Cao Ruei-Jie was also stabbed after failing to halt the culprit. Both died in the end.

An Insider or Outsider? Lessons from the Recognition of Mixed-Background Indigenous and the Pingpu Peoples in Taiwan

22 December 2022

Written By Nikal Kabalan’an (Margaret Yun-Pu Tu). Regarding identity formation in Taiwan, the historical context of colonialism plays a crucial role because the arrival of each foreign ruler has resulted in varying degrees of assimilation. Such a theme has inspired numerous Taiwan Studies scholars who have produced a great number of pertinent works, including “Is Taiwan Chinese?” by Melissa Brown,“Becoming Japanese” by Leo Ching, and “Becoming Taiwanese” by Evan Dawley. One of the contestable issues in this field is the Indigenous status and recognition.

Taiwan Decriminalized Adultery, But Does the Public Support The Change?

13 July 2022 Adrian Chiu

Written by Madelynn Einhorn, Josie Coyle, and Timothy S. Rich. In June 2021, the Taiwanese legislature removed a nearly 90-year law criminalizing adultery, punishable with up to 12-months in prison and fines averaging 90,000 NTD (roughly USD 3000). In May 2020, the Constitutional Court overruled Article 239 of Taiwan’s criminal code, which criminalized adultery, because it violated the Constitution. The legislature removed the article from the legal code approximately a year later. South Korea removed a similar law in 2015 and India in 2018. Taiwan was one of the last liberal democracies to keep adultery illegal and the last East Asian country aside from the Philippines.

Unpacking the Colonialist Undertones of the Indigenous People’s Basic Law: Law as a Tool of Oppression in Taiwan

3 January 2022 Editor

Written by Aaron Chen. In May 2021, Taiwan’s Constitutional Court considered a high-profile case concerning indigenous hunting rights. First opened in 2013, the Bunun man, Tama Talum, had been convicted for violating the Wildlife Conservation Act, which limited indigenous poaching to solely ceremonial activities. He was also prosecuted under the Controlling Guns, Ammunition and Knives Act, legislation that only allowed indigenous peoples to hunt using homemade weapons, whilst Tama Talum did otherwise.

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