'Sir, We Suggest You Be Fired!' -- Lessons for China from Taiwan's Judicial Reforms
The Chinese Journal of Comparative Law (Oxford Journal) Vol. 2, No. 2, pp. 289-313 (2014)
25 Pages Posted: 16 May 2015 Last revised: 24 Feb 2017
Date Written: September 1, 2014
This article points out that the judicial reforms in Taiwan concern not only independence but also another three dimensions -- capacity, authority, and accountability. The conflicts between these four dimensions have determined the patterns and sequencing of Taiwan’s judicial reforms. At the early stages in the development of the legal system, both the Kuomintang in Taiwan and the Chinese Communist Party in China focused on capacity building and restricted independence in the name of improving judicial capacity. This practical strategy may be necessary since capacity, together with other factors, can eventually lead to more independence. It compromises, however, judicial independence as well as authority and accountability. The challenge is to transform a capacity-centred approach into one that better balances all four dimensions. This article uncovers the dynamism of this process in Taiwan and the interaction between the key actors therein, and it provides useful lessons for China.
Keywords: Taiwan, China, authoritarian, judicial reforms, rule of law
Suggested Citation: Suggested Citation