National Acts in Violation of the Principle of Rule of Law during the Martial Law Period-Taking the Death Sentence Cases of Criminals Charged with Sedition as an Example
Resource
國家發展研究, 5(1), 109-148
Journal
國家發展研究
Journal Volume
5
Journal Issue
1
Pages
109-148
Date Issued
2005-12
Date
2005-12
Author(s)
江如蓉
Abstract
In the period of enforcement of the Martial Law in our country, there are acts of state including exercising administrative power, legislative power, and judiciary power at will everywhere in accordance with willing of ruler being the golden rule. These acts of state critically violate "Principle of Constitutional State" and a rebel's human rights are seriously infringed. With respect of exercising legislative power at will, it includes the mandatory death penalty and improper legislation, e.g. violating the Principle of a Legally Prescribed Punishment for a Specified Crime, Clarity Principle of Law or the Principle of Punishment in Accordance with Crime. With respect of exercising administrative power at will, it often includes violation of the Preservation Principle of Law, the Precedence Principle of Law and the Principle of Separation of Powers. With respect of exercising judiciary power at will, It is the most serious phenomenon that administrative power interferes judiciary power resulting in non-independence judiciary. Besides, it is also common behavior of exercising judiciary power at will that violates the Evidence Law, the Principle of Non-Retroactivity and constitutes illegal or improper judgment, e.g. lacking objectivity for estimating penalty. In this article, we try to legally discuss and review the facts of rebel's cases for death penalty violating the Principle of Constitutional State during the period of enforcement of the Martial Law in our country to spotlight that human rights are critically infringed by persecution of acts of state at will. However, we only can analyze the truth of rebel's cases of death penalty by limited reference material such as official Ii les, folk documents and the statements of victim's family members. This article also propose some suggestions and interpretations how fills in damage by reference law of compensation currently in effect and applies mutatis mutandis to the other uncovered part as consultation.
Subjects
正當法律程序
法治國原則
法律保留原則
罪刑法定原則
罪刑相當原則
溯及既往禁止原則
轉型期正義
證據法則
權力分立原則
Due process of Law
Principle of constitutional state
Principle of legal reservation
Principle of a Legally Prescribed Punishment for a Specified Crime
Principle of Punishment in Accordance with Crime
Principle of non-retroactivity
Transitional Justice
Evidence Law
Principle of separation of powers
SDGs
Type
journal article