Judicial Yuan Warns Against Limiting Acting President's Term

Legislative proposals in Taiwan seek to cap the acting term of the Judicial Yuan president at six months, a move that Judicial Yuan Secretary-General Kao Chin-chih warns could lead to significant instability in judicial administration and impede ongoing reforms.

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The current acting system has democratic legitimacy and conforms to constitutional norms.

Kao emphasized that the current acting system, where an acting president is appointed by the President and confirmed by the legislature, possesses democratic legitimacy and adheres to constitutional norms. She stated that judicial administration and trial operations have been functioning smoothly under this arrangement. The primary function of the acting system, she argued, is to ensure the substantive continuation and stable operation of the judiciary during political impasses.

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If the acting system is changed rashly due to political deadlock, it will instead cause judicial administration to fall into unease, and various reform policies will be difficult to continue.

She further explained that the smooth selection of a permanent president depends on coordination and cooperation between the executive and legislative branches, not on altering the acting system. Kao cautioned against abruptly changing the acting system due to political deadlock, as it could disrupt judicial administration and make it difficult to sustain reform policies. She highlighted that major judicial policies require long-term planning and continuity, and the leadership credibility of the acting president should be protected.

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The smooth selection of the Judicial Yuan president depends on the negotiation and coordination between the executive and legislative powers, and has nothing to do with the acting system.

Kao pointed out that countries like Germany, Spain, South Korea, Italy, and Austria have acting mechanisms based on objective criteria such as seniority or age, without setting specific time limits or frequency restrictions for acting terms. She asserted that Taiwan's current system aligns with these international practices, enabling the Judicial Yuan to operate normally and maintain its independence from political interference.

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The acting mechanisms in countries with constitutional courts, such as Germany, Spain, South Korea, Italy, and Austria, adopt extremely objective and automatic standards like seniority or age, without any restrictions on the acting period or frequency.