RULE OF LAW IN TAIWAN Definition: Law has absolute supremacy over arbitrary power All classes of people equally

subject to the law

In contrast to traditional Chinese law: Ruler has absolute power over the people Laws serve only as an instrument for ruling and not for enforcing the rights of the individual, idea of human rights not existent

Chiang Kai-sheks version of the Rule of Law: Sanminzhuyi he claims to pursue nationalism, socialism and democracy under the rule of law, ergo a political system of by and for the people Only ideological not actual commitment Populations mind not equipped with the idea of rule of law double two tier system Propaganda for the KMT Only an illusion Rule of the KMT rather than a Rule of Law

KMT party reformation 1949-52: use the Communist methods and techniques to overcome them Leninist party state, security police like KGB, youth movement like Communist Youth League AND MOST IMPORTANTLY imposing martial law Martial Law: no other political parties, no freedom of speech, assembly, communication; special criminal laws with severe punishments, constant infringement upon the rights of the people in the name of public security protection of individual rights nothing more than words on paper Starting 1971: ROC has to change its governing policy reasons: diplomatic isolation, forceful resurgence of domestic political opposition Leads to 1985 admission that TW can no longer be ruled by the military but by a constitution, 86 DPP was allowed to be formed, 87 lifting of martial law 80s: sustained economic growth, relatively equal income distribution middle class coupled with a strong civil society emerged, that fought for peoples civil rights (like gender equality, discrimination, aboriginal issues) and welfare; this decade was marked by an explosion of demonstrations, petitions, riots, social protest activities the people were no longer willing to sacrifice their own interests for common benefits 90s: extensive and numerous amendments to the constitution; end of the eternal parliament, first popular elections in 96 Today: Rule of law largely realized, judiciary as an independent authority, all equally subject to the law, human rights as the ultimate goal of TW society

Source: TAY-SHENG WANG, Legal Reform In Taiwan Under Japanese Colonial Rule, 1895-1945: The Reception of Western Law (2000)