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在馬英九執政下產生的批評風暴與民主侵蝕
 

“Critics blast democratic erosion under Taiwan 's Ma”By Peter Enav

Taiwanese President Ma Ying-jeou is a Harvard Law School graduate with a professed commitment to the rule of law.
台灣總統馬英九是哈佛大學法學院畢業且曾公開承諾用法律來治國。

But two incidents during his first seven months in office are prompting unflattering comparisons with his Nationalist Party's dictatorial past and raising questions about Ma's ability to protect Taiwan 's fragile democracy.
在執政頭7個月,有2件事(陳水扁事件、國共論壇官員參加事件)促使大家仔細的對照馬英九的政黨(過去獨裁的國民黨),並對於馬英九是否有能力保護台灣脆弱的民主之疑問也逐漸升高。
(KMT翻成Chinese Nationalist Party,起源是中華革命黨Nationalist Party of China)


His apparent willingness to countenance his party's actions against opposition politicians is provoking stinging criticism of his administration, both at home and abroad.
馬英九明顯地樂意贊同他的政黨(國民黨)的作為去打擊反對黨政治人物,造成國內外對馬英九的施政引起激烈的批評。


It is "reminiscent of Richard Nixon's behavior, as in ordering IRS investigations of groups he didn't like," said June Teufel Dreyer, a China-Taiwan expert at the University of Miami , in an e-mail response to questions.        The IRS is the American tax agency.
June Teufel Dreyer
教授說:這"讓人想起尼克森的行為,如同指示IRS去調查他不喜歡的對手。June Teufel Dreyer教授是邁阿密大學內中國-台灣的專家(也是外交政策研究所高級研究員) ,她在e-mail郵件中回應了此問題(IRS=Internal Revenue Service美國國稅局)


No one suggests Ma wants to turn the clock back on free elections and other democratic reforms that swept the island starting in the mid-1980s.
沒有人建議馬英九說希望時光倒流回到1980年代中期,那個要求自由選舉與民主改革席捲整個台灣島的時代。


What worries some is the efforts by Nationalist lawmakers to pressure the Ministry of Justice into prosecuting former officials of the rival Democratic Progressive Party, including former President Chen Shui-bian.
令人擔憂的是一些國民黨立法委員施壓法務部起訴民進黨前朝官員,包括前總統陳水扁。


Chen was indicted on Dec. 12 on charges of money laundering, looting a special presidential fund and taking bribes during his eight years in office.
陳水扁在1212日 已被起訴,罪名是洗錢、掠奪總統特別費、在8年任內接受賄賂。


Few deny that there is probably substance to the allegations. The problem, the critics contend, is that Ma has failed to stop a campaign by lawmakers to keep Chen in jail pending trial.
批評者在罵的,就是國民黨立法委員故意讓陳水扁在審判期內待在看守所裡而馬英九未能阻止,而這問題執政黨卻很少否認辯解。


Following his indictment, a three-judge panel from the Taipei District Court ordered him released on his own recognizance. Lead judge Chou Chan-chun said it was unlikely that Chen would attempt to flee before his trial.
在陳水扁的起訴書中,台北地方法院三位法官的審判庭對陳水扁採具結釋放,法官周占春說:在審判之前,陳水扁沒有逃亡意圖。


Prosecutors initially accepted the decision but, following intense criticism from Nationalist lawmakers, they changed their mind and filed an appeal.
最初,檢察官接受這樣的釋放決定,接著國民黨立法委員強烈的批評下,檢察官改變心意決定上訴。


On Dec. 18, the court rejected the appeal.
12月18
,法院駁回檢察官的上訴。

This provoked a new round of attacks led by Nationalist lawmaker Chiu Yi, who spent eight months in prison for leading violent protests against Chen's narrow re-election victory in 2004.
這激起了國民黨立法委員邱毅的新一波攻擊,邱毅這個人因為2004年陳水扁在票數接近的大選中獲勝時,帶領群眾暴力抗議而坐了8個月牢。

"If Chou knows about shame, he should resign and let others handle the case," Chiu told reporters. "If he doesn't do so ... I will impeach him so that he loses his job."
邱毅對記者說,"如果周占春有羞恥,就應該辭職,並讓其他人處理這案子","如果周占春不這樣做,我會彈劾他,讓他丟掉工作"。


On Dec. 25 the District Court took the unusual step of shifting Chen's case to a different three-judge panel, giving the lead role to Tsai Shou-hsun, who had acquitted Ma on graft charges of his own in 2007.
12月25,地方法院用不尋常的措施移轉陳水扁的案子給另外不同三位法官的審判庭,其中擔任主審角色的蔡守訓法官,就是2007
年讓馬英九詐取財物之罪宣告無罪的法官。


Three days later, the new panel accepted the prosecution's argument that Chen was a flight risk and ordered him back to jail.
3
天後,新的審判庭接受檢察官的論點,陳水扁有逃跑的風險並命令他回到看守所。


"The pressure from critics has been undisguised," The Apple Daily newspaper said in an editorial. "If a judge does not hand out a verdict according to their wishes, they ... besmirch his reputation. The judiciary should avoid considering political elements in a case."
蘋果日報的社論說"批評的壓力,已經無法掩飾","如果法官沒有發出他們希望的裁決,他們...糟蹋他的聲譽。司法部門在此案應該避免考慮政治因素。"
 

Ma spokesman Wang Yu-chi denied any political intervention in Chen's case. Taipei District Court spokesman Huang Chun-ming said the decision to change judges was for efficiency, so that the same panel would handle the cases of both Chen and his wife, who also faces graft charges.
馬英九發言人王郁琦否認在陳水扁案有任何政治干預。台北地方法院發言人黃俊明表示,這決定是為了效率,所以讓相同審判庭處理陳水扁與其妻吳淑珍詐取財物案子。


Typically, though, his wife's case would have been moved to the judges hearing his case, since hers is a less important one.
通常情況下,吳淑珍的案子會被移到聽審陳水扁法官那邊,因為吳淑珍案子比較小。


Political scientist Wang Yeh-lih of Taipei 's National Taiwan University said the most disturbing aspect of the Chen affair has been the readiness of Nationalist lawmakers to leak information from the investigation to allies in the media.
政治學家王業立(台灣大學政治系教授) 說:國民黨立法委員利用洩露偵辦內容給其相同陣營的媒體,來干擾對陳水扁事件的觀點已經準備就緒。


He also blamed prosecutors, saying they "consistently violated the principle of guarding the details of investigations during Chen's case."
王業立也譴責檢察官,說他們"一貫的違反陳水扁案子偵查細節不公開的原則。"


Wang said Ma's apparent inability to stand up to lawmakers in his own party was also evident in his reluctance to prevent senior Nationalist officials from holding talks in Shanghai last month with China's Communist Party.
王業立說馬英九顯然的無能勇敢面對同黨的立法委員,也明顯地勉強去阻止國民黨高級官員上個月在上海與中共會談。 (國共論壇五位官員參加事件 http://www.libertytimes.com.tw/2008/new/dec/20/today-fo2.htm)


The negotiations, on two-way investment and cooperation in financial and service industries, circumvented the Straits Exchange Foundation, the Taiwanese body established to conduct talks with the mainland.
這個是基於雙向投資與合作下,在金融與服務產業上的協商,並繞過專為與中國大陸交涉的海基會(財團法人海峽交流基金會)的協商。


The leaders of the Nationalist delegation included honorary party chairman Lien Chan, whom critics chide as a supporter of reunification with the mainland, something most Taiwanese oppose. Ma has pledged not to discuss the issue while in office.
代表團的領導者包括國民黨榮譽黨主席連戰,其中批評責備連戰在大多數台灣人反對下還支持與大陸統一。馬英九已承諾不討論這個統獨問題。


Wang said the meeting signaled the government's willingness to abdicate its authority to the ruling political party _ much as the Nationalist Party dictated policy during martial law from 1947 to 1987.
王業立說這次會議表示現在國民黨政府自願放棄權力,甚至權力比在19471987年決定實施戒嚴令的國民黨還大也要放棄。


Wang Yu-chi, the Ma spokesman, said any agreements reached with the mainland would need government approval.
馬英九發言人王郁琦說,任何的協議達成都需要政府批准。


"The only agency recognized by the government to hold talks with China is the Straits Exchange Foundation," he said. "Non-governmental talks will not bring about the implementation of deals that are agreed upon."
王郁琦說:"唯一承認能夠代表政府與中國會談的機構是海基會。",他又說;"非政府組織的對談不會帶來任何協議的執行。"

But Wang Yeh-lih, the political scientist, has his doubts.
但是,政治學家王業立卻保持懷疑的態度。


"The Nationalists are circumventing public supervision when they talk to the communists on its own," he said. "This is not something a democratic country would normally tolerate."
王業立說:"國民黨自己與共產黨談判都繞過全民監督。",他又說:"這不是民主國家能正常容忍的小事。"
 



新聞出處:
http://www.taiwannews.com.tw/etn/news_content.php?id=828914&lang=eng_news&cate_img=logo_taiwan&cate_rss=TAIWAN_eng&pg=4  

轉自:南方論壇
http://www.news100.com.tw/viewtopic.php?t=10670

 

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