Homework for the New Cabinet (I): Reform of the Prosecutorial System

The joint committee of the Judiciary and Organic Laws and Statutes Committees of the Legislative Yuan held a public hearing the day before yesterday (the 12th) on the "Draft Amendment to Certain Provisions of the Court Organization Act." Compared to the ongoing judicial ballot recount or the sensational personnel appointments of the new cabinet, this news might not command much column space. However, it holds a critical position regarding the development of our nation's legal system and the success or failure of judicial reform, and it cannot be underestimated.

The public hearing on the "Draft Amendment to the Court Organization Act" convened by the Legislative Yuan this time was primarily triggered by a petition initiated a few days ago (in April) by over 80 percent of grassroots prosecutors advocating for an "independent prosecutorial system." These numerous prosecutors aim to pursue the external independence of the prosecutorial system, minimizing outside control (including from the Minister of Justice) over prosecutors handling cases or personnel matters. The specific approaches hope to amend the Court Organization Act from four aspects to move toward the independence of the prosecutorial system: First, the Prosecutor-General should instead be nominated by the President and appointed with the consent of the Legislative Yuan, serving a four-year term without re-appointment. Second, personnel matters concerning prosecutors and chief prosecutors should be controlled by a Prosecutor Personnel Review Committee established under the Supreme Prosecutors Office, rather than spearheaded by the Minister of Justice. Third, a Special Investigation Division should be established under the Prosecutor-General to investigate special major cases. Fourth, greater administrative supervisory power should be vested in the Prosecutor-General to prevent administrative interference by the Minister of Justice.

Although outsiders (including an editorial in the China Times) still dispute whether the prosecutors' version of the draft amendment to the Court Organization Act is comprehensive and appropriate—for example: Who will keep the "independent" Prosecutor-General in check? How to ensure freedom from political interference? Who will supervise "independent" prosecutors? How to weed out incompetent prosecutors? Is relying solely on amending a few provisions of the Court Organization Act sufficient to reform the prosecutorial system? Or should we emulate the "Prosecutors Office Act" drafted by the Judicial Reform Foundation in 1998 to achieve success in a single stroke?—all these matters await joint discussion and brainstorming by everyone.

Nevertheless, the voices of over 80 percent of grassroots prosecutors pursuing neutrality and striving for independence certainly deserve attention from the ruling and opposition parties and all sectors of society. After all, for a long time, rumors such as "prosecutors are a political tool used by the ruling party to suppress dissidents" have not automatically disappeared with the transition of power; furthermore, the public's distrustful attitude demonstrated during the prosecution's investigation of the 319 shooting incident makes us even more acutely aware that to thoroughly eradicate such "rumors" that harm the judiciary and strike a blow to prosecutors' morale, under our current political ecology and social atmosphere, the only fundamental solution is to part ways between the Ministry of Justice and the prosecutorial system to a considerable degree.

Naturally, it is conceivable that such an approach undoubtedly requires the future Minister of Justice to "abolish one's own martial arts" and "sever one's own limbs," which for any political party or individual holding ruling power is definitely an intense internal struggle! Looking back, however, at the ruling-opposition confrontation, parliamentary chaos, and various chaotic political situations of the past four years, if the prosecutorial system and adjudicative organs, which shoulder the responsibility of combating crime and realizing fair justice, also "fall" along with them, where will our country go without end? It is truly unimaginable! In particular, during this presidential election, President Ch'en Shui-bian used "Trust Taiwan, Persist in Reform" as his campaign theme, and even incorporated "Trust our Taiwan, Trust our Taiwan, Reform has no limits" into his campaign theme song for continuous singing. On the eve of May 20th, raising the issue of "reform of the prosecutorial system," in addition to placing expectations on the new cabinet, also hopes that President Ch'en will not merely use "reform" for talking and singing, but will instead begin to concretely fulfill his campaign platform and propositions.

※ Published in: China Times