10 Introduction Introduction 11 Frank Hsieh,declared that Chen should "admit his wrongdoings and show remorse to his supporters." vant fact about the judicial system was that the KMT and other parties not In February,Chen's wife,Wu Shu-chen,pled guilty to money launder- aligned with the DPP frequently complained that the Chen administration ing.Chen went on a hunger strike again saying he was innocent and the coerced judges to make many decisions during the period from 2000 to charges made against him were politically motivated.He claimed that the 2008.80 Finally,Taiwan's judicial system was seriously undermined when activ- Chinese government was behind the legal actions against him because it hated him.Taiwan's High Court at this time ruled that he had to stay in ists threatened the life of Judge Tsai Shou-hsun(the judge who ruled on the detention and could not be offered bail.DPP supporters broadcast even Chen case)and his relatives and other judges.Judge Tsai's home was spray more loudly their view that the Taiwan's judicial was manipulated by the painted with obscenities and words such as Tsai"deserved to die."Subse- KMT and was biased against Chen.Again Chen supporters used the victimi- quently a number of judges from the poll of judges to hear such cases de- zation tack. clined to be picked.This appeared to be an effort by the opposition to in- timidate legal authorities;in any case,it had that effect. Notwithstanding the validity and strength of the charges against him, DPP supporters continued to portray the prosecution's handling of the Chen remained a party icon.Many DPP members and supporters saw him as Chen case as judicial tyranny and counter to Taiwan's democracy.Chen's the target of KMT retribution and the strongest voice against China's ex- supporters,charged that the country's democratic system was being under- panding influence over Taiwan.In short,even in the midst of overwhelming mined and that the Chen era saw Taiwan democratize and that progress was evidence that Chen was guilty of corruption and various related charges,an estimated fifteen to twenty percent of his party took his side.74 now being reversed.The DPP blamed the alleged unfair workings of the legal system with Taiwan's "failing democracy"and linked the two to In September,Chen was convicted of the charges against him and given a life sentence.His wife also received a sentence of life in prison.Chen's doubts about Taiwan keeping its sovereignty son received two and one-half years and his daughter-in-law one year. The political situation in Taiwan at this time may be described as mir- roring a severe polarization of views on the legal proceedings against Chen. Prosecutors said Chen had diverted millions from a presidential fund and The KMT and its supporters viewed the evidence against Chen as clear and had received nine million in bribes.Chen contended the punishment was for unimpeachable.Charging him and punishing him was thus simply fulfilling is supporting Taiwan's independence when he was in office.He accused Ma Ying-jeou of putting him in jail"as a sacrifice to appease China.75 Chen provisions in the law and the Constitution.Doing so,moreover,would clean up Taiwan politics and contribute to it's the health of its democratic system. supporters characterized the sentence as overly harsh;they declared that They also perceived that the legal system was working,as it should;it didn't such punishment had never been applied to a former president. Meanwhile,the Western media and some noted Western scholars criti- during the Chen presidency.The DPP,especially supporters of Chen Shui- cized Taiwan's legal system for not being impartial.They and many DPP bian saw the legal action against Chen as persecution and as motivated by supporters in Taiwan complained that because judges are recruited through efforts to get even with him and to make China,who allegedly hated him, an official examination they are beholden to the ruling party.Other critics happy.They,like the KMT,argued that Taiwan's democracy was at stake, but said this was because Chen had consolidated democracy.Both sides said the judicial branch of government is not strong enough or independent enough of the other branches of government (i.e.weak checks and balances). connected the matter to Taiwan's sovereignty to its democracy,with the DPP and Chen supporters saying that the KMT would sacrifice Taiwan and One problem was that Taiwan has been in transition between a judge-based the KMT arguing that its sovereignty depended on Constitutionalism and the inquisitorial system(the German model)and an attorney-based system (like system political system working in an orderly manner.The two sides were at the United States),which confused observers as well as those working in the system.77 a face-off. Who was right?Of course,Taiwan has to be sovereign in order to be On the other hand,it was a pro-Chen Shui-bian,pro-DPP prosecutor, Eric Chen,who made the legal case against former president Chen's wife democratic.China's rule of Taiwan would most likely nullify or at least set when Chen was still president."Not only had Prosecutor Chen been a sup- back its democratization;to the DPP it most assuredly would.But there is a serious problem with this argument.It is essentially this:Outside of Taiwan, porter of Chen Shui-bian,he was highly respected in legal circles in Taiwan who cares?A second problem is:Can the DPP argue convincingly that the for his integrity and efforts to wipe out corruption.He was a founder of the Prosecutors Reform Association and had been instrumental in bringing to Ma administration is destroying Taiwan's democracy?Both are very salient court a number of important cases on political malfeasance.Another rele- questions