If a car driver or a motorcycle rider contravenes traffic regulations, they are liable to a fine, or depending on the gravity of the violation, a suspension or cancelation of their license or even a lifetime ban on driving.
If factories, restaurants or companies in general break the law, such as by evading taxes, illegally disposing of hazardous waste or using tainted oil, the authorities can impose penalties depending on the seriousness of the offense. In addition to fines and criminal liability, there are administrative penalties such as suspension of operations, cancelation of license or even permanent closure.
By the same token, if a civil organization commits a grievous offense, the government can order its dissolution.
Article 26 of the Political Party Act (政黨法) states that: “Pursuant to Paragraph 5, Article 5 of the Additional Articles of the Constitution of the Republic of China, if there is cause for a political party to be dissolved, the competent authority shall collect pertinent evidence and petition the Taiwan Constitutional Court for a hearing.”
Paragraph 5, Article 5 of the Additional Articles of the Constitution (憲法增修條文) further states: “A political party shall be considered unconstitutional if its goals or activities endanger the existence of the Republic of China or the nation’s free and democratic constitutional order.”
Existing laws are quite lenient toward the issue of dissolving political parties,which is only applicable when they pose an existential threat to the nation or endanger the free and democratic constitutional order. This is to avoid the malicious restriction of a party’s development due to power struggles between rival parties. However, the original drafters of the law must not have thought that a political party could also be used a tool to make money.
The Taiwan People’s Party (TPP) is embroiled in a series of allegations of fabricating accounting reports. If this had happened in a company, it would have been ordered to shut down, whereas the TPP continues to operate as usual. In spite of the almost daily exposure of scandals involving the party, TPP Chairman Ko Wen-je (柯文哲) is still sitting pretty as party chairman.
TPP Legislator Vivian Huang (黃珊珊) — the director of Ko’s presidential campaign — should be held most responsible for the scandals. The TPP has suspended her “party rights” for three years, but it has not expelled her from the party. She continues to be a legislator-at-large of the TPP.
The shenanigans of the TPP, which has touted itself as the “white party” that represents clean politics, have been exposed one by one, showing that the party in essence is no different from a fraud organization. During this legislative term, the “blue” and “white” camps had jointly passed a series of bills to expand the power of the legislature. This has sparked public anger and calls for the recall of opposition legislators. However, the public can only target legislators elected by constituencies; there is absolutely nothing they can do about legislators-at-large, such as Huang.
The Political Party Act must be amended, so that parties that commit serious offenses can be ordered by law to dissolve or to cease operations.
Chen Wen-ching works in environmental services.
Translated by Eddy Chang
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