Judicial Citation and Application of"Anti-Infiltration Act"and Its Impact in Taiwan
"Anti-Infiltration Act"forcefully passed in Taiwan has become"a legal tool"for the Democratic Progressive Party authorities to comprehensively hinder cross-Strait civil exchanges,intimidate Taiwan residents,and suppress electoral competitors.The judicial citation and application of"Anti-Infiltration Act"has also become an important means for the DPP authorities to create ruling advantages,chilling effects and Green terror.Relevant cases can be roughly divided into four types:citation by persons concerned in the case,reference citation by courts,citation by court rulings,and application by court adjudications.The citation and application of"Anti-Infiltration Act"in judicial judgments is not only a recognition of the authorization of blank provisions and the discretionary power of the executive agency,but also reflects the logic of analogical application and expanded interpretation.Judicial judgments regard"being funded,commissioned or instructed by the China's mainland"as a constituent element of violating"Anti-Infiltration Act",but ignore the subjective intentions of the parties and the objective effects of their actions,which lacks evidence and argumentation on substantial control.The citation and application of"Anti-Infiltration Act"in Taiwan violates the rule of law and infringes upon human rights and freedoms.It has had a negative impact on the atmosphere of cross-Strait integration and development,the operating environment of democratic mechanisms on the island,the evolution of the political and cultural ecology,and the expression of the legitimate interests of Taiwan compatriots.
Taiwan region"Anti-Infiltration Actcitation and applicationjudicial judgment
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