"The Huang Shih-mings" Will Eventually Pass

The Prosecutor Evaluation Commission issued a resolution to remove Huang Shih-ming from office. Seeing that his position as Prosecutor-General is all but lost, he might not even be able to remain a prosecutor. Everyone knows Huang is putting up a cornered beast's fight, using a balance of political terror to preserve a shred of his dignity. In reality, the Prosecutor-General's term is coming to an end in the blink of an eye. After leaving high office, he will know the warmth and coldness of the world by himself. Yet, given that he has maintained his integrity throughout his life, how did things come to this? It is worth exploring.

Huang represents the passing of an old era that neglected due process. There is an inherent tension between substantive justice and procedural justice. In the past, the people suffered greatly from black-gold and privileged politics, holding high expectations for exposing wrongdoing and catching criminals, while procedural justice was treated casually. Coupled with a judiciary that was insufficiently democratic and transparent—which law-abiding ordinary citizens rarely encountered—the terrifying nature of the resulting abuse of power and arbitrariness was overlooked. Therefore, when the "Discipline Integrity Project" actually caught corrupt officials, it received applause. However, "handling major cases" always at the cost of sacrificing procedure cannot withstand scrutiny and immediately degenerates into a naked calculation of pros and cons. Using a drift net catches no fish while causing an ecological catastrophe; the greater the abuse of power, the greater the condemnation. As the head of the prosecutorial system, the Special Investigation Division and the Prosecutor-General treated rigorous criminal procedures like child's play. Prosecutors and ordinary people alike found it unwatchable.

Huang represents the passing of an old era in which the judiciary cozied up to high-level politicians. In the past, Taiwan was under authoritarian rule, where one first pledged allegiance to the leader and then to the nation. Consciously or unconsciously, the judiciary tended to lean toward political elites. Consequently, we fought for the independence of the judicial budget to be enshrined in the Constitution and opposed the system of submitting documents for review, allowing the courts to gradually become independent. Later, amendments were passed to grant the Prosecutor-General a guaranteed term, and even required parliamentary consent for appointment, giving the office a democratic foundation. However, both Ch'en Ts'ung-ming and Huang Shih-ming faced the fate of impeachment. This not only proves that the Special Investigation Division's institutional setup should be abolished, but it also gradually draws a "red line" between the Prosecutor-General and the President. In fact, the same applies to Ch'en Shou-huang, who should step down for the lobbying case, thereby setting boundaries for the "monistic prosecution" (prosecutorial unity): general discussions are permitted, but "concern" over individual cases is not; case-specific directives in handling cases are allowed, but when directives are illegal, subordinate prosecutors should resist, and legal directives must be issued in writing with stated reasons (Articles 92, Paragraphs 1 and 2 of the Judges Act).

Finally, if the Prosecutor-General, prosecutors-general, as well as the parliamentary speaker and opposition whip involved in lobbying can truly be held accountable, it will signify the arrival of a new era of responsible politics characterized by "alignment of power and responsibility." Distinguishing between procedural justice and substantive justice, drawing red lines between politics and the judiciary, and setting boundaries for superiors interfering in subordinates' handling of cases all continually prove that Taiwanese society can no longer tolerate the "muddled muddling through" (whitewashing) performances of those in power after they turn everything upside down to shirk responsibility. "Whoever lobbies steps down," whether through political responsibility, party discipline, or disciplinary sanctions; "Whoever abuses power steps down," whether through resignation, evaluation and impeachment, or prosecution and conviction. The longer it drags on, the uglier it gets. "The Huang Shih-mings" will eventually pass. What we care about even more is what Taiwan is left with afterward.

※ This article was published in Apple Daily. This is the full original draft.