Greater than 200 practising attorneys commented! Name on the Political Yuan to suggest a revision and the Legislative Yuan to just accept the revision

Actual Time Middle / Reported by Chim Yong-ki

Blue and White took benefit of the variety of individuals, and on the twenty eighth,LawsThe invoice to increase the powers of Congress was handed on the third studying, together with adjustments to some provisions of the “Legislation on the Train of the Powers of the Legislative Yuan” and “contempt of Congress”. to the Prison Code. Government Chairman Zhuo Yongtai not too long ago mentioned that after receiving communications from the Legislative Yuan, he’ll rigorously examine the contents of the invoice and make obligatory procedures on the acceptable time. As of 8 am on the thirty first, 202 practising attorneys have additionally issued a joint assertion asking the Government Yuan to submit a overview and the Legislative Yuan ought to settle for the overview.

A joint assertion from practising attorneys mentioned that the Legislative Yuan’s amendments to the Act on the Train of the Legislative Yuan’s Powers and the Prison Code in addition to the offense of contempt of Congress have been not too long ago authorised within the third studying by the Legislative Yuan on to be controversial resulting from procedural flaws and unconstitutional content material Greater than 100 students concerned in authorized educating and analysis in faculties and universities signed a petition calling for the invoice to be returned to committee for overview .

Nevertheless, the Legislative Yuan continued to vote to finish the third studying course of regardless of the protests of public opinion {and professional} issues, which could be very troublesome for the rights and duties of the individuals.” , Subsequently, we hereby request The Authorities Yuan submitted a overview based on the provisions of the Structure, and the Legislative Yuan accepted the overview, so that each one the provisions of the transportation invoice which has triggered nice controversy this time will be totally reviewed within the committee, and specialists, students and society ought to be consulted within the related areas to determine a system with a excessive stage of consensus and constitutionality .

Our nation’s structure doesn’t clearly state the ability of congressional overview of paperwork” and “the ability of congressional overview”. “Beneath the precept of separation of powers, the which means, connotation, topics and objects of authority, procedures and treatments recognized by the Legislative Yuan to create acceptable legal guidelines and constitutional limits.

Interpretation No. 585 affirms that “the investigative energy of the Legislative Yuan is an auxiliary energy obligatory for the Legislative Yuan to train its constitutional powers.” Nevertheless, “primarily based on the precept of separation of powers and checks and balances, the investigative energy of the Legislative Yuan shouldn’t be restricted within the objects or issues it could possibly examine” and defines “the procedures, such because the initiation of the investigative energy and the company for exercising the investigative energy, the scope of particular person case investigation circumstances, the procedures to be adopted for numerous. strategies of investigation and procedures for judicial aid, and so on., ought to be adequately regulated by regulation.”

The assertion confused that this revision of the Congressional Act not solely consists of the connection between the powers and duties of the Legislative Yuan and the Government Yuan, but additionally consists of important restrictions on the rights of unusual individuals in addition to civil servants Clarification No. 585 as soon as mentioned, “As laid out in numerous investigative strategies, “Procedures that embrace restrictions on individuals’s rights should adjust to the ideas proportionality, authorized readability and the due course of necessities of the Structure.”

The Legislative Yuan has the means to compel individuals to cooperate with investigations and the corresponding administrative fines or penalties, in addition to points equivalent to whether or not individuals can refuse to attend, refuse to report, refuse to offer info, and so on. , all together with individuals’s private freedom, freedom of expression, info privateness rights, property rights and different constitutional rights, amongst which function, scope, means, procedural ensures and treatments should all be laid out in element if the suitable to authorized help and procedural safety is because of a obligatory or obligatory investigation summoning as a witness is topic to a obligatory investigation or obligatory summons, there are not any complete provisions On this regard, it’s evident that to sufficient for his or her basic rights Absolutely assured.

The assertion emphasised that the ability to query legislators and the ability of investigation to help the Legislative Yuan in exercising its constitutional powers belong to completely different constitutional programs. The aim of the ability of inquiry is to permit particular person legislators to acquire info or opinions and function the idea for subsequent votes or speeches. laws or funds issues.

The assertion identified that the 2 are completely different, and it stays to be rigorously mentioned whether or not they are often in contrast and the identical depth of punishment utilized. Along with the various doubts as as to whether the adjustments are suitable with the Structure, there’s additionally a variety of self-danger within the adjustments authorised on the third studying. and they’ll additionally increase critical doubts in regards to the violation of fundamental human rights.

The perfection of the parliamentary investigation system or investigative energy is unquestionably one thing that ought to be inspired within the reform of our nation’s parliament, nonetheless, there are important variations within the particular authorized design of various democratic international locations and so they can’t be crossed put it instantly if we use the looks of international authorized programs as a reference to laws shortly, we could not keep in mind the stability of energy within the constitutional system, there’ll even be too many violations of the elemental rights of the individuals and officers inflicting chaos within the constitutional system. .

Lastly, the assertion calls on the Yuan Authorities and the President to train their proper of overview in accordance with the provisions of the Structure at this “constitutional second” within the improvement of Taiwan’s democracy, and to return to the Legislative Yuan to just accept the overview and permit the related payments to return to regular and democratic debate procedures, enable all sectors of society to completely take part and debate, after which full and complete laws to do

Fast News / More than 200 professional lawyer reviews! Call on the Political Yuan to propose a revision and the Legislative Yuan to accept the revision

Quick Information / Greater than 200 skilled lawyer critiques! Name on the Political Yuan to suggest a revision and the Legislative Yuan to just accept the revision