With the Constitutional Court Procedure Act (憲法訴訟法) having taken effect on Jan. 4, Taiwan has made significant progress in judicial review. During Taiwan’s democratization process, the legal community has taken the initiative to strengthen the nation’s democracy and rule of law. A new generation of lawyers marked the change, and in turn, society progressed.
Thanks to some Judicial Yuan interpretations No. 748 (examining the Civil Code excluding same-sex marriage) and No. 791 (regarding the illegality and voluntary dismissal in litigation of adultery), to name a few Taiwan has become a more progressive and civilized society.
However, some controversial laws remain
The Executive Yuan on Sept. 2 approved draft amendments to the State Compensation Act (國家賠償法) that have evoked some controversy in the legal community. Article 13 of the act, which was enacted in 1981, has long been criticized for being unenforceable.
“If an employee of the government having the duty of a trial judge or a prosecutor infringes upon the freedoms or rights of persons while acting within the scope of his or her office or employment, and is adjudicated to have committed a crime when he or she performed the duty of trial or prosecution, the provisions of this
School meetings rule changes pass
Staff writer, with CNA
The Legislative Yuan yesterday passed amendments mandating that senior-high school students make up at least 8 percent of participants at school management meetings, while also expanding a system through which students can appeal policies that they believe would harm their interests.
The first of the measures, which is to take effect on Oct. 1, was proposed by members of the Taiwan People’s Party and the Democratic Progressive Party (DPP) to give students a greater role in decisions that affect their future.
Although the Senior High School Education Act (高級中等教育法) already requires the attendance of student representatives at school management meetings, it does not set a minimum number or proportion of student participants.
EDITORIAL: Proportionality in policing
An incident on Thursday last week between a police officer and a woman walking in the area behind Jhongli Railway Station in Taoyuan has drawn public attention to proportionality in policing.
The incident ended with a Jhongli Police Precinct officer, surnamed Yeh (葉), wrestling the screaming woman, Chan Hui-ling (詹慧玲), to the sidewalk in a judo maneuver, pressing her face to the ground, and then detaining her for nine hours in the police station.
Chan, a music teacher, had refused to produce her identification card on Yeh’s request after he approached her to do a spot check. The situation quickly deteriorated when Yeh was affronted by an insult that Chan allegedly used against him.