2019 Ministry of Justice Administration Plan
The Ministry of Justice (MOJ) is the competent authority of legal affairs administration in Taiwan and is responsible for such important tasks as investigative administration, criminal protection, corrections, anti-corruption, administrative enforcement, laws and regulations consultancy, legal affairs of the Executive Yuan, and the development of judicial personnel. Its affiliated authorities are divided into 5 systems – prosecution, investigation, anti-corruption, corrections, and administrative enforcement, each of which is in charge of affairs in accordance with relevant laws and regulations.
To maintain social fairness and justice, the MOJ will continue to promote judicial reform, commit to anti-drug measures, fight crime, protect human rights, perfect the legal system, improve corrections treatment, expand the scope of judicial protection, promote mutual legal assistance, enhance integrity governance, deepen investigation measures, enhance administrative enforcement, and focus on reforming the administration of justice, uncovering drugs, fighting organized crime and cross-border fraud, implementing money-laundering controls, and accelerating prison reform, in the hope of creating a living environment in which the people can feel safe, stable, and at ease.
MOJ drew up the 2019 annual administration plan in accordance with the policies of the Executive Yuan in 2019, the medium-term administration plans and the approved budgets, and the economic and social changes as well as the requirements for MOJ's future developments.
Annual Administrative Goals and Strategies
1.Confiscate criminal proceeds in the fight against drugs
Strengthen the efficiency of confiscations and cut off profit from crime;reinforce organized crime elimination and telecommunication fraud fighting. Prevent the destruction of national land. Fight economic and financial crime as well as violations of food safety. Seize and confiscate illicit proceeds from crimes, implement anti-money laundering(AML) and counter-terrorist financing policies, and use financial tracing and escape prevention measures to eliminate criminal incentives and effectively deter crimes. In addition, the AML Office of the Executive Yuan will integrate policies for anti-money launderingand countering the financing of terrorism (CFT) in Taiwan and promote the signing of MOUs regarding collaborations in AML and CTF activities with other countries. So as to strengthen the AML system, carry out money-laundering investigation, and conform with international standards, we will work together to shape a more transparent, more orderly, and healthier financial environment.
2.Enhance and intensify international and cross-strait mutual legal assistance.
Establish a model of cross-border crime fighting, shoulder the responsibility for integration, investigate and prosecute cross-strait crimes through joint efforts.
Improve relevant domestic legal systems, study and amend relevant bills of mutual legal assistance.
Advocate mutual legal assistance in civil and criminal matters with foreign counterparts, reinforce groundwork of mutual legal assistance by negotiating and signing treaties.
Develop mechanisms of cross-strait mutual legal assistance, keep advancing mutual legal assistance actions, boost humanitarian aid, ensure the protection of legal rights.
Enhance security and counter-infiltration measures to ensure national security.
3.Implement the United Nations Convention against Corruption and allow citizens to supervise the government
Promote the United Nations Convention against Corruption to align with international anti-corruption trends: Promote the implementation of the United Nations Convention against Corruption, make an effort to hold or participate in international interaction in integrity activities, and actively participate in relevant international anti-corruption conferences.
Improve anti-corruption actions and reduce corruption: Implement audits and reviews on operations with high corruption risks to reduce corruption.
Enhance advocacy of governmental integrity to create a clean and competent government: Implement integrity education and training and implement the sunshine laws to establish a consensus for “zero tolerance for corruption.”
The prosecutors of the Agency Against Corruption perform preliminary joint command investigations and integrate "prior investigations" of civil service ethics agencies to improve the performance and quality of investigations. Refine investigations and strengthen overall corruption investigation and prevention capabilities to increase the conviction rate of corruption charges. Organize corruption investigation seminars to improve investigative methods. Strengthen horizontal communications in corruption investigations. Advance the establishment of the Whistleblower Protection Act to improve the corruption investigation system.
4.Elevate prosecution efficiency and strengthen criminal justice
Promote relevant resolutions in the National Conference on Judicial Reform, establish a transparent prosecution system in which power conforms with accountability, and introduce power of prosecution into public supervision, to elevate the performance and professionalism of prosecution system, and create a impartial prosecution system. Introduce obstruction of justice crimes to law. Strengthen the victim’s standing in litigation and rights to indemnification and promote restorative justice to form a system of justice that protects human rights and gains public trust.
Advance the expansion, relocation, interior refurbishments, equipment purchase plans, and implement assessments of seismic resistance and reinforcement solutions of the offices of affiliated authorities; Continue to research and develop communication surveillance technologies and supplement computer and Internet crime investigation equipment. To innovate and develop the methods by advanced technologies and enhance the quality of identification for forensic science; to increase the instruments for the analysis of forensic toxicology and construct modern laboratories with international accreditations; improve DNA identification technologies of unidentified bodies, DNA testing quality, forensic human individual identification to maintain judicial justice.
Utilize cross-disciplinary service integration, data governance and data reinvigoration to develop integrated one-stop digital services and improve judicial administrative performance, thereby creating Service Smart Government and realizing the people's expectations for the system of justice.
Construct the high-efficiency energy saving cloud data center for the MOJ, which will house the computing equipment resources necessary for the centralized system shared by the authorities of the prosecution, corrections, administrative enforcement and anti-corruption systems of the MOJ, to facilitate the elevation of legal affairs service quality.
5.Improve the quality and expand the space of accommodation
Create a humane accommodation space: Continue to push for the expansion, increase, and reconstruction of correctional institutions to offer more space for accommodation and solve the problems of overcrowding; broadly include accommodation space within the budget and list beds as required facilities; progress stage by stage towards the goal to give each inmate one bed.
Enhance surveillance technologies to improve administrative efficiency: Continue to advance the establishment of smart surveillance systems and remote monitoring systems of MOJ's affiliated correctional institutions, and establish a remote monitoring command center. Set up a comprehensive surveillance system to realize the protection of the human rights of inmates. Establish security protection mechanisms to assist the personnel on duty. Standardize the scale of monitoring systems and integrate different alarm systems to reduce the pressures upon the security staff on duty. Establish master control and sub-control centers to ensure the normal operation of the system. Shorten the time for reporting security incidents or increase the time for preventive alarms to prevent the broadening of the incident’s impact.
Enhance competency training for inmates and implement discharge referral: Collaborate with the Ministry of Labor in organizing training courses for long-term care and other related skills to improve inmates’ professional skills, and collaborate with government-run career service institutions to effectively implement the discharge referral mechanism to support inmates’ re-integration to society.
Establish parole review assessment scales as reference tools for parole review committee members in reviewing parole cases and interviewing inmates in order to implement professional evaluation in the hope of realizing the function of backdoor policies.
6.Promote community treatment, victim protection services, and relevant crime prevention and law advocacy
Promote community service system as an alternative to prison, in which prison inmates make their contributions to the community through unremunerated labor and service.
Continue focusing and preventing child and juvenile delinquency and make effort to amending the Juvenile and Child Delinquency Prevention Plan with rolling methods.
Implement ex-offenders’ support and tracking, and promote integrated personal and familial services. Enhance connection among ex-offender protection, corrections, and detention systems, assist with the construction of personal and familial supports and rehabilitation mechanism, and construct a protective network centering on drug enforcement for judicial security.
Cooperate with the Inter-Yuan citizen law promotion groups, combined with social resources, to implement the resolutions of enhancing citizen law education in the National Conference on Judicial Reform.
Improve the rights and ability of victims to participate in litigation, realize victims’ participation in litigation to acquaint them with the truth of the crimes in order to achieve the function of recovery.
7.Realize the protection of human rights and perfect civil and administrative laws
Compose and submit as scheduled the third national report on the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), and actively implement and evaluate the concluding observations and recommendations in the second national report on ICCPR and ICESCR, in order to remedy human right deficiencies and elevate human rights standards in alignment with international trends.
Advance domestic and foreign human rights exchanges and continue dedication to the protection of human rights.
Implement human rights advocacy and cultivate human rights awareness.
Continue to review the regulations of the ICCPR and ICESCR.
Provide law and regulation consultancy and opinions for government agencies, and organize relevant laws and regulations advocacy events to improve complete the civil and administrative legal systems.
8.Promote diverse citizen services and enhance administrative enforcement performance
Continue to promote alternative payment services for citizens and coordinate with other referring authorities to extend the scope of alternative payment services to the fullest. Plan interdepartmental video services between the Administrative Enforcement Agency (AEA) branches and referring authorities, which thus overcomes the limitation of space, and provides interdepartmental consultancies for obligors to improve the quality of civil service.
In order to strengthen the performance of administration and ensure the fulfillment of the compulsory execution on obligatory payment under public law, each AEA branch shall make good use of various measures such as sequestration, seizure, and auction to enforce the property of obligors. Depending on the circumstances of the case, the branches should impose restrictions on leaving the country and prohibitions of luxuries on obligors, or appeal to the court for rulings such as arrest and custody, combined with encouragement of public reporting to achieve the goal of securing taxes, fines, and fees recovery.