Political Analysis of Law-A Case Study on the Criminal Laws in Martial Law Period

The criminal laws in martial law period, namely, the Espionage Laws of the Period of the Communist Rebellion and the Anti-Insurgency Law are highly politicized in nature. This paper studies the political criminal laws in martial law period from a political analysis. Firstly, in the period of martial law period, the rights of people were severely impaired in that the criminal laws abovementioned were enacted easily. Secondly, as the criminal laws were formal in the form of legislation, the impeachments of such criminal laws were nevertheless regarded as unlawful. Thirdly, the principle of presumption of innocence is affirmed in numerous judicial reviews. Therefore, in the context of Radbruch's philosophy of law, Taiwan is gradually bound by the principle of 'rule of law'. However, it is more critical to consolidate the transitional justice vis-?-vis the unlawful past in the martial law period in Taiwan.