Each year, on January 11, Taiwan celebrates its commitment to the rule of law. It should also commit to solve the Tai Ji Men case.
by Hans Noot
Table of Contents
Introduction
On January 11, 1943, the Republic of China witnessed a pivotal moment in its history, which Taiwan celebrates today as Judicial Day. This day, with the elimination of the privileges granted in China to citizens of the United States and the United Kingdom by the so-called Unequal Treaty, marked the foundation of a modern legal system and stands as a testament to its commitment to justice and the rule of law. As we commemorate this 81st anniversary of this significant event in 2024, it is imperative to reflect on the journey Taiwan has undertaken to shape its judicial landscape and the enduring values it upholds.
Historical Context
During the course of the 19th and 20th centuries, China had signed several agreements with Western powers collectively known as the Unequal Treaty. They exempted citizens of certain Western countries from Chinese legal jurisdiction and created extraterritorial foreign settlements where Chinese law and the powers of its judiciary did not apply. These agreements were imposed by military might and were extremely unpopular in China. Japanese propaganda used them in World War II to claim that Japan was liberating China from Western imperialism. The treaty of January 11, 1943, was signed by the United States and Chiang Kai-Shek to end the privileges of extraterritoriality and autonomous jurisdiction for American and British citizens, thus eliminating the main consequences of the Unilateral Treaty. Between 1945 and 1946, when the government of the Republic of China (R.O.C.) took control of Taiwan, the R.O.C. legal system was established in the island, and January 11, 1943, continued to be regarded as a day of historical significance.
An Evolving Judicial System
After Taiwan came under the jurisdiction of the Republic of China, its judiciary underwent reforms to align itself with the changing political landscape and societal needs.
One of the significant milestones was the lifting of martial law in 1987, paving the way for a more democratic and transparent legal system. Subsequent amendments to the Constitution, the establishment of the Judicial Yuan, and the promulgation of the Code of Criminal Procedure and the Civil Procedure Code solidified Taiwan’s commitment to the rule of law.
The Significance of Judicial Day
Taiwan’s Judicial Day symbolizes, therefore, the transition from an era of arbitrary rule to a system based on the principles of justice, equality, and the protection of individual rights. It is a day to celebrate the resilience of the Taiwanese people in their pursuit of a legal system that reflects their values and aspirations.
Challenges and Achievements
Commemorating the Judicial Day provides an opportunity to also take stock of challenges faced by Taiwan’s judicial system and the achievements it has garnered. Issues such as ensuring judicial independence, enhancing public trust, and addressing the needs of diverse communities remain ongoing endeavors. One case in point is the Tai Ji Men case, in which—as a by-product of a criminal case that Tai Ji Men won, with all its defendants declared innocent of all charges—the National Taxation Bureau (NTB) illegally charged an organization that had not evaded any taxes with ill-founded tax bills. The NTB refused to back off even after the Supreme Court of Taiwan had spoken and confirmed that there had been no tax evasion. It is a case in which Tai Ji Men has been harassed, its property illegally impounded with an attempt to sell it off at auction and then confiscated, in which its leader and members were interrogated and unlawfully detained and are now deprived of their sacred land after the government’s seizure. One of the reasons why this happened is the system of bonuses given to tax bureaucrats when they, rightly or wrongly, manage to enforce tax bills. How can a government be trusted by the people if tax officers receive bonuses, based upon illegally collecting tax bills?
Other elements of the challenges that need to be raised during the commemoration of Judicial Day concern the establishment of specialized courts, the introduction of alternative dispute resolution mechanisms, and efforts to increase transparency.
Taiwan’s commitment to human rights is exemplified by its efforts to align domestic legislation with international standards. The inclusion of international human rights treaties into its domestic legislation and the establishment of the Control Yuan for oversight and accountability underscore Taiwan’s dedication to protecting the fundamental rights of its citizens.
Global Recognition and Collaboration
Taiwan’s judicial achievements have not gone unnoticed on the international stage. The island’s commitment to the rule of law, human rights, and a fair legal system has led to increased collaboration with international organizations, legal scholars, and practitioners. All this contributes to the enrichment of Taiwan’s legal landscape and fosters a broader understanding of justice in the global community. Yet, problems remain, as demonstrated by the Tai Ji Men case.
Conclusion
As we commemorate Taiwan’s Judicial Day on January 11, 2024, we reflect on the island’s remarkable journey in establishing and fortifying a judicial system that upholds the principles of justice, equality, and the rule of law. From the foundation laid in the Republic of China in 1943 to the democratic developments of recent decades, Taiwan’s judiciary stands as a beacon of progress and resilience. And as the system evolves even further with more judicial independence, more ways of addressing the needs of diverse communities (which should include Tai Ji Men), establishing specialized courts, introducing alternative dispute resolution mechanisms, and efforts to increase transparency, this anniversary serves as a reminder of the enduring commitment to justice and the ongoing pursuit of a legal system that reflects the values and aspirations of the Taiwanese people. Solving the Tai Ji Men case would prove and reinforce this commitment.
