United Daily News Editorial (Taipei, Taiwan, ROC)
A Translation
December 13, 2016
Executive Summary: Through the abuse of mass movements, the abuse of executive power, and violations of the rule of law, the DPP has cast a shadow over Taiwan's democracy. Ironically, mass movements, executive discretion, and majority rule were originally norms within a democracy. But the DPP has used all three in its effort to “use democracy to bury democracy". Unless the DPP pulls back from the precipice, Taiwan's democracy will be reduced to populism, and authoritarian will soon rear its ugly head.
Full Text Below:
After three changes in ruling parties, the Republic of China is now regarded as a model for the transformation of an authoritarian state into a democratic state. Unfortunately this third change in ruling parties, which has allowed the DPP to enjoy “total government”, has not consolidated democracy. Instead it has facilitated a reaction against democracy. It has enabled the DPP to “use democracy to bury democracy”.
This so-called "using democracy to bury democracy" uses democratic procedures to take a nation back down the road toward authoritarianism. The overthrow of the Weimar Republic in Germany offers a clear reminder of how nations may fall. First, consider how the DPP abused mass movements. The DPP has long resorted to taking to the streets. The mass movements it led have never abjured violence. The first time it assumed power it had an opportunity to change the constitution. But once it lost power, it reverted to its old ways. During the eight year long Ma era, mass movements escalated. They became the means by which the DPP engineered its return to power. They also undermined democracy and the rule of law.
For example, in 2008, Chen Yunlin, chairman of the Mainland's Association for Relations Across the Taiwan Straits, paid a visit to Taiwan. The DPP led a series of protests that ended in bloodshed. Back then DPP Chairman Tsai Ing-wen embraced violence, claiming that "[the Ma government] forced people to take to the streets. That was the greatest violence". During the latter half of the Ma era, the DPP and DPP affiliated pressure groups led an endless series of "Occupy" movements. Once the DPP came to power, these illegal activities became immune from prosecution. The DPP even expressed approval of these movements, even though they trampled over the rule of law. Recently, while protesting the Labor Law Amendment Act, labor groups assaulted DPP Chief Convener Ko Chien-min. The Presidential Office and the DPP led Legislative Yuan unanimously condemned the violence. But the public was unmoved. The reason was simple. Everyone knew that the DPP has long been the chief instigator of street protests and illegal acts of violence.
Consider the matter from another level. Now that it is the ruling party, the DPP is free to abuse state authority. When the US government fined Mega Bank for money laundering, the DPP used the incident as a pretext to accuse the KMT of money laundering. Investigations have discovered that former Mega Bank board chairman Tsai Yu-tsai did indeed violate the law. But his violations had no connection whatsoever with alleged “KMT money laundering".
Consider another matter. TransAsia Airways is exiting the airline industry. The Tsai government wanted to show how efficiently it could handle the matter. It announced that "The Ministry of Justice will freeze the TransAsia Airways trust fund". But how can an executive branch entity freeze funds? It then announced that "China Airlines will take over all of TransAsia Airway's air routes". But how can executive an branch entity take over international and cross-Strait air routes? These two cases are clear evidence that the executive branch has abused its authority for political purposes, and undermined the principle of "governing in accordance with the rule of law".
But the DPP's worst abuse of democracy is its direct enacting of laws contrary to democratic principles, in order to crack down on political opponents and consolidate its power. The DPP has repeated such practices again and again since seizing “total government” power. For example, the passage of the Act Governing the Handling of Ill-gotten Properties by Political Parties and Their Affiliate Organizations trampled over existing laws and even the Constitution. It not only presumed guilt, it even imposed ex post facto law extending back seven decades. It made itself judge, jury, and executioner. It combined the executive and judicial functions into one, allowing the CIPAS chairman to run amoke, even while claiming that he was “implementing transitional justice".
Under the same slogan, the Transitional Justice Ordinance, even more wide-reaching and limitless, is gaining momentum. Once the law is passed, an even larger, even less constrained "Transitional Justice Commitee" will investigate all cases of what it considers to be "unjust". The targets will not be limited to political parties. They will include any individuals or groups with the same history or background. Those targeted may be subjected to brutal Red Guard style inquisitions, then judged guilty without trial. Even if they are acquitted, the process will defame them in the court of public opinion.
In addition to transitional justice legislation, there is "loyalty legislation". DPP legislators are accusing retired generals of disloyalty by forming a United Front with the Mainland. They are demanding the revision of the Cross-Strait Relations Ordinance. They would forbid retired generals from visiting the Mainland for life. The would even make prosecution retroactive. In cases where "national loyalty" is difficult to define, the result would be political inquisitions, and anything the targeted individual did over the past 20 years would be dug up and used against him. The passage of this law will mark the beginning of another white terror.
Through the abuse of mass movements, the abuse of executive power, and violations of the rule of law, the DPP has cast a shadow over Taiwan's democracy. Ironically, mass movements, executive discretion, and majority rule were originally norms within a democracy. But the DPP has used all three in its effort to “use democracy to bury democracy". Unless the DPP pulls back from the precipice, Taiwan's democracy will be reduced to populism, and authoritarian will soon rear its ugly head.
「以民主埋葬民主」的三部曲
2016-12-13 聯合報
台灣歷經三次政黨輪替，稱得上是威權國家轉型為民主國家的典範之一。但第三次政黨輪替，民進黨的完全執政非但未能鞏固民主，反而使民主發展出現了逆流，漸漸出現「以民主埋葬民主」的趨勢。
所謂「以民主埋葬民主」，即透過民主程序，讓國家倒回威權、專制之路；當年德國威瑪民主的傾覆，堪為殷鑑。首先，是民進黨對群眾運動的濫用。民進黨過去靠街頭運動起家，主導的群眾運動始終不脫暴力色彩；首度執政原是改變體質的契機，但失去政權後，竟又回到這條路線。在馬政府執政的八年，群眾運動不斷升級，成為民進黨重返執政的助力，卻也使民主法治受到重創。
舉例而言，二○○八年大陸海協會長陳雲林來台，民進黨主導的一系列抗議活動多次以流血收場。當時，民進黨主席蔡英文擁抱暴力，宣稱「讓人民走上街頭，才是最大的暴力」。在馬政府後期，各種「占領」行動，在民進黨及其周邊組織支持下不斷延燒。俟民進黨執政後，對這些違法活動概不追究，甚至踐踏法治對脫序運動者表示嘉許。日前的勞基法修法，勞團拉扯民進黨總召柯建銘，府院黨一致「譴責暴力」，卻無法引起社會共鳴；究其原因，正是社會各界咸知民進黨才是促使街頭運動與違法或暴力結合的禍首。
從第二個層面看，是透過執政的優勢，在行政作為上濫權。例如清查兆豐銀的遭美重罰的洗錢案，先預設特定目的無限上綱，意圖找到「國民黨洗錢」的把柄。調查迄今，兆豐金前董事長蔡友才雖確涉違法，卻與民進黨設定的「國民黨洗錢」沾不上關係。
再如，處理復興航空解散時，政府為表現自己「明快處理」，竟宣布由「法務部凍結復興航空信託基金」。問題是，凍結任何基金，豈是行政部門可以任意為之？繼又宣布「華航接手興航所有路線」，但國際及兩岸航線豈是行政部門可以私相授受？此二例，都是行政部門為達政治目的而濫權，傷害「依法行政」原則的明證。
民進黨侵犯民主最惡劣的手法，是直接透過粗暴的立法手段，訂定違反民主法則的法令，據以打擊政敵，遂行其統治權力的穩固。這類例子，在民進黨完全執政後，一而再、再而三地出現。例如，不當黨產條例之立法，可謂超越了現行所有法令乃至憲法，不僅採取「有罪推定」原則，追溯期更長達七十年，更賦與「黨產會」警察兼法官的角色，集行政、司法功能於一身，僅憑主委一人之意志即能橫行無阻，卻厚顏宣稱是為了「轉型正義」。
在同一口號下，牽涉範圍更廣、更無限上綱的「促進轉型正義條例」，也正蓄勢待發。一旦立法完成，一個更大型、更無所限制的「促轉會」也將以正義為名，調查一切被它認定為「不合正義」的情事。而且，其對象不限於政黨，而是所有曾經歷那段歷史的個人或團體，任何人都可能遭到紅衛兵式的粗暴調查，然後輕率地入罪；或者就算未被定罪，也在「公審」過程把人鬥臭。
除了轉型正義立法，還有「忠誠立法」。民進黨立委指控，退休將領赴大陸參加「統戰活動」是不忠行為，因此要求修改《兩岸人民關係條例》，將管制退將赴大陸的年限推至「終身」，而且「溯及既往」。在「國家忠誠」難以定義的情況下，只怕最後變成「政治審查」，且過去二十年的行為都將被追溯。此案一旦修法完成，甚至將是另一次白色恐怖的來臨。
透過濫用群眾運動、行政濫權和違反法治原則的立法，民進黨在執政半年內，已讓台灣民主蒙上陰影。諷刺的是，無論群眾運動、行政裁量或多數立法，原都是民主的常態，但民進黨卻將之譜成「以民主埋葬民主」的三部曲。若不懸崖勒馬，只怕台灣民主淪為民粹、威權的日子很快就會到來。
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