United Daily News Editorial (Taipei, Taiwan, ROC)
A Translation
November 28, 2016
Executive Summary: We must reform. But we must not resort to the abuse power, populist demagoguery, or totalitarian means. These inevitably lead to the collapse of democracy, the abrogation of the rule of law, and the destruction of constitutional rule. We believe Tsai is sincere in her desirre for reform. But if she acts in haste, if she behaves tyrannically and recklesslessly, if she breaks the law and tramples over the Constitution, even good intentions will pave the way to hell.
Full Text Below:
The “Ill-gotten Party Assets Settlement Committee”, aka “Party Assets Committee”, has decided to confiscate the Kuomintang's Central Investment Company (CIC), and Hsinyutai Company. Even the KMT's Central Party Headquarters Building is being "nationalized". Wellington Koo, chairman of the Party Assets Committee, said that enforcement of the Party Assets Regulations is the final mile towards democracy. We think Wellington Koo and the Party Assets Committee are busy carving a tombstone for democracy and the rule of law, and that the Party Assets Regulations are an epitaph for democracy and the rule of law.
Those in the know have long advised the KMT to summon up the courage to reform, clarify the historical record, and give the party a fresh start. Doing so would have liberated the party from its historical burdens, and enabled it to begin anew. It would also establish a more equitable environment for intraparty competition. Alas, the KMT could not bring itself to give up short term advantages. It ignored long term risks. It could not bring itself to cease suckling at the party assets teat. It could not bring itself to sever its links to special interests. Naturally it could not avoid relentless green camp attacks during election season. Following its election defeat, the KMT is like a dog without a master. Its home has been invaded, and its property has been looted. Unwilling to part with its assets, it brought this disaster upon itself. It has only itself to blame.
That said, the Party Assets Committee, under the aegis of the Executive Yuan, has exceeded its authority. It has ignored the distinction between executive, legislative, and judicial authority. It has ignored the need for detailed investigation and due process of law. It has presumed guilt and imposed ex post facto law in order to designate KMT assets as “illicit”. In the name of the Republic of China, it invades homes and seizes property via asset forfeiture. The KMT has lost its party assets. That is nothing to lament. But the collapse of democracy can only turn peoples' hearts to dust. The collapse of the rule of law can only leave people heartbroken.
Wellington Koo is holding high the banner of justice. But what many see is the DPP's determination to cling to power indefinitely, by annihilating the KMT, by severing its arteries and cutting off its lifeblood. But given current political realities, the elimination of one of the blue and green parties will lead to one party rule and the overthrow of democracy. If the DPP succeeds in destroying the KMT, it alone will rule the roost. Democracy will be deprived of checks and balances. That is not a good thing. The DPP may be able to monopolize power for a while. But without the checks and balances provided by partisan rivalry, it will find it difficult to hold on to power indefinitely. Any attempt to do so will destroy democracy in the process.
The key is that the ends do not justify the means. Reform is necessary, but it must not be achieved by totalitarian means. Transitional justice is a noble goal. But it cannot justify the abuse of power or the violation of law and the constitution. Wellington Koo struts about haughtily, full of himself. He sees due process as a nuisance. He sees court decisions as irrelevant. He sees democracy and the rule of law as clods of dirt. He postures as a champion of justice. Anticipating the legal battle ahead, he lectures the KMT about "recognizing the true meaning of transitional justice". He instructs the courts to "appreciate the value of transitional justice". Wellington Koo wields the Party Assets Committee like a battle axe, swinging it wildly this way and that. Today's Taiwan now resembles the Chinese Mainland, during the Cultural Revolution, when an ill wind swept away all traces of democracy and the rule of law.
But most frightening of all, is Koo's attitude toward power. Tsai Ing-wen spoke of "humility, humility, and more humility". The slogan has lost all meaning. Like “communication, communication, and more communication", it is a wilted flower. The democratic values championed by the DPP when it was in the opposition, the principle of the rule of law and due process, have all become stumbling blocks now that the DPP is the ruling party. The DPP demands “total government”. How can it tolerate having its power locked away in a prison cell? The DPP demands swift justice. Why must it wait around while the wheels of justice grind ever so slowly? Since reform is sacrosanct, so what if one's methods are a little totalitarian? So what if the DPP regime must trample over the rule of law? With such a mentality, the emergence of power hungry demagogues such as Wellington Koo and the Party Assets Committee are inevitable.
The DPP has the KMT by the throat. The KMT may wish for a desperate last stand. Alas, even that would be difficult. As an old saying puts it, “The mountains and waters will meet again". Never burn one's bridges. Life always holds out new opportunities. Humiliations endured today will be rewarded ten times over tomorrow. The KMT may live or die. It may be reduced to Ah Q-style “spiritual victories”. But the most disturbing development is that under democracy, party politics has led to an endless cycle of revenge.
In fact, democracy, the rule of law, and constitutional rule, make up an inviolable line in the sand. Once that line has been crossed, it is all too easy to march down the road toward unlimited power and authoritarian dictatorship. It is all too easy to become caught up in populist demagoguery and political chaos. It is all too easy for society to break apart, for old hatreds to resurface, and for cycles of violence to prevail, leaving never a moment's peace.
We must reform. But we must not resort to the abuse power, populist demagoguery, or totalitarian means. These inevitably lead to the collapse of democracy, the abrogation of the rule of law, and the destruction of constitutional rule. We believe Tsai is sincere in her desirre for reform. But if she acts in haste, if she behaves tyrannically and recklesslessly, if she breaks the law and tramples over the Constitution, even good intentions will pave the way to hell.
神聖的改革，卻用極權手段達成
2016-11-28 聯合報
黨產會決議沒收國民黨的中投公司和欣裕台公司，連國民黨中央黨部也「收歸國有」。黨產會主委顧立雄侈言不當黨產條例的落實，是走向民主的最後一哩路；我們則擔心，顧立雄和黨產會的橫行，正在砌起民主法治的第一塊墓碑，而鐫刻其上的黨產條例，也將是民主法治的第一篇墓誌銘。
識者早就勸告國民黨拿出改革勇氣，清理歷史遺緒，讓黨產歸零，不僅丟掉包袱，重新出發，也建立更公平的政黨競爭環境。但國民黨難捨近利，無視長害，既然戒不掉黨產奶嘴，切不斷利益糾葛，當然就掙不脫綠營選舉時的一路夾纏，更躲不過民進黨掌權後的政治追殺。敗選後的國民黨，已若喪家之犬，而今更被逼向抄家滅產的絕境，當捨不捨，招禍取咎，無不自己也。
然而，黨產會以行政院下屬機關，跨越行政、立法、司法分際，毋需詳實調查，不理程序正義，不但有罪推定，還要法溯既往，逕自「判決」國民黨黨產來源「不當」，更假中華民國之名，奪產抄家，沒收充公。國民黨黨產敗散不足惜，民主坍塌才教人心灰，法治裂崩也教人心憂，憲政破毀更教人心痛。
顧立雄高舉轉型正義大纛，許多人看到的卻是民進黨為永保執政，必欲殲滅國民黨的意圖，切其金脈，斷其命脈。但以當前現實政治而言，藍綠兩大黨去其一，政黨政治即告失衡，民主體制隨時可能傾覆。果真國民黨橫遭滅門，民進黨一黨獨大，民主政治的運作，缺乏實質制衡力量，洵非好事；而民進黨即使能夠總攬權力於一時，缺乏政黨的自主競爭，也難永保政權，卻先葬送了民主。
問題的關鍵，在於手段的正當性。改革是必要的，但不能以極權手段來達成；轉型正義目標崇高，更不能以濫權踰法違憲手段為之。然而，從訂頒黨產條例到黨產會成立，政治針對性極強，清算鬥爭味極濃；尤其顧立雄，恃其剛悍，顧盼自雄，既視程序正義如敝屣，復視法院判決如無物，更視民主法治如草芥；卻一副大義凜然之貌，對可預期的法律戰，一方面教訓國民黨要「體認轉型正義的真諦」，一方面指導法院要「體會轉型正義的價值」。顧立雄掄著黨產條例大刀，耍得虎虎生風，於是現代台灣，吹起半世紀前的大陸文革歪風，橫掃一切民主法治。
但最可怕的，還是面對權力的心態。蔡英文叮囑「謙卑、謙卑、再謙卑」，已如馬耳東風；「溝通、溝通、再溝通」，更成明日黃花。民進黨在野時捍衛的民主價值、法治原則與程序正義，當政後統統成為施政的絆腳石。完全執政，豈容權力被關進制度的牢籠裡？既曰正義，何須等待正當的行政與司法程序？改革神聖，手段極權、踰越法治又何妨？有這種心態，就會有黨產會和顧立雄這種權力怪獸。
狠遭掐喉的國民黨，要背水一戰都很難施展。不過，國民黨撂了一句話，「山水有相逢」。這既是勸人行事應留餘地，不要做得太絕，因為人生總有相遇的機會；也是揚言忍一時屈辱，未來十倍奉還。然而，不論國民黨能否置之死地而後生，或者終究淪為阿Ｑ式的精神勝利戰法，令人悚然而驚的是，在民主政治體制下，我國的政黨競爭難道最後會走向相互報復的循環？
事實上，民主的原則、法治的精神、憲政的分際，都有一條不容踰越的紅線。一旦紅線遭到破壞，就很容易走向擴權濫權、專制獨裁的道路，或者陷入民粹當道、政治失序的亂象；更且演變成社會對立撕裂，仇恨因陳相襲，終致循環報復，永無寧日。
我們要改革，但不要濫權或民粹，更不要極權手段，而致民主崩解，法治蕩然，憲政破毀。我們相信蔡英文的改革動機，但要提醒的是，如果操之過切，鴨霸蠻幹，越法踰憲，即使是善意，也可能鋪成一條通往地獄的道路。
No comments:
Post a Comment