Issue of Chen Tsung-ming has hurt Ma deeply

President Ma Ying-jeou has all along insisted that the executive branch should not interfere with the judiciary. However, after hearing the report, Ma said he had reminded the president of the Judicial Yuan and the minister of justice to take note of the sentiments of the people. Ma's effort may not be enough.

It can be said that Ma erred from the very beginning by considering the Chen question a purely legal one. Actually it is not. It was reported that former President Chen Shui-bian, who has been sentenced to life imprisonment on corruption charges, decided to pass over two other more qualified persons in a recommended list and picked Chen to be the highest prosecutor in the nation largely because they share many important judicial and political views. And since he has a lot of friends in the Legislative Yuan, Chen was easily approved.

Thus, it is clear that the whole process of Chen's appointment was politicized, marked by little consideration of his legal expertise and moral character.

In fact, he has openly lied about his improper social activities with people under criminal investigation. As the nation's highest crime fighter, Chen is required by law to behave in such a way as to measure up to the highest ethical and legal standards. But, to public perception he did not. Since Chen wields so much influence through a vast network of connections, and his tenure is protected by law, all the existing official mechanisms, including the Legislative Yuan and the Control Yuan, appear impotent in attempting to punish or remove him unless he offers to quit himself, which does not seem likely at present.

The corruption of Taiwan's judicial system from top to bottom has been a target of widespread criticism for a long time. To overhaul the judicial branch was one of the most important promises made by Ma during his presidential campaign. Now, it is only he, the nation's supreme leader, who has the authority and power to effectively carry out a comprehensive reform. The conventional concept of “judicial independence” is intended to make sure that capable and decent members of the judicial branch can render sound judgment in administering justice without undue outside interference, which is the foundation of a democratic country. But, when this is not the case, Ma should consider it his duty to stand on the forefront to tackle the problem with vigor and wisdom. Remember his campaign slogan: Total governing, total responsibility. Now that he and his party dominate Taiwan politics, he will have no excuse for evading the responsibility. His low popularity is the price he has to pay for having not done much to solve the Chen problem.

There is no doubt that the question of the prosecutor-general has been dragging on for so long that it has produced bitter disappointment and anger among the “pan-blue” people who have pinned so much hope on Ma to reform the judicial system.

Subscribe to The China Post and save 25%. Click here

SharePrintEmail

Write a Comment

Terms

Enter your comments - 3000 characters max

Type in image code

Submit

 Receive China Post promos
 Respond to this email