Creation: Proletarian Liberation Struggle Association Political Economy Group
Lai Ching-te announced on March 13 that Taiwan will conduct a comprehensive review and amend the “Military Trial Law.” Lai Ching-te explained that this is to address the threats posed by Chinese revisionism infiltrating Taiwan’s military and fleet activities. So, what exactly is the so-called military trial system? What does restoring this system in Taiwan mean?
According to Lai Ching-te’s government, this decision marks Taiwan’s reactivation of the military trial system, where military judges will return to the front lines to cooperate with judicial authorities in handling criminal cases involving active-duty soldiers related to rebellion, aiding enemies, leaking secrets, dereliction of duty, and insubordination. Lai Ching-te stated that in the future, active-duty military personnel who violate the “Army, Navy, and Air Force Criminal Law” and commit military crimes will be tried by military courts. Some analysts point out that Lai Ching-te’s move is more driven by considerations of cross-strait politics; before proposing this measure, he set a premise—China is considered an external hostile force. Clearly, Lai Ching-te’s action is entirely aimed at countering the increasingly aggressive provocations of Chinese revisionism. However, can such measures truly make Taiwan’s military as stable as an ironclad, united against enemies? Like any bourgeois military, the so-called strict discipline is never meant to defeat the enemy but is entirely a fascist dictatorship over soldiers and the people. Lai Ching-te’s government’s move is undoubtedly aimed at strengthening dictatorship. Taiwan constitutional scholar and researcher at the Taiwan Academia Sinica Law Institute, Huang Cheng-yi, commented on Facebook that the controversy and problems stemming from Taiwan’s “martial law era” military trials lie in the fact that if “ordinary judiciary cannot handle it, then military trials are used. What clever tricks does military trial have that are better than ordinary judiciary? Isn’t it just severe torture, hasty evidence collection, shooting first and drawing the target later, confessions as the only evidence, quick trials, and no distinction between prosecution and investigation?” It is evident that even Taiwan’s bourgeois mouthpieces suspect that Lai Ching-te’s restoration of the military trial system is a revival of the fascist dictatorship during the Kuomintang’s rule.
Taiwan’s military trial system has a long history. After the victory in the Anti-Japanese War and Taiwan’s return to China, the Kuomintang government at that time strengthened its dictatorship in Taiwan by declaring martial law. Any civilians and organizations suspected of “rebellion” or “espionage” had to undergo military trials. This measure was officially codified as the “Military Trial Law” in October 1956. However, the trial system was not limited to the military; under the Kuomintang’s White Terror regime, many resistance groups were accused of “rebellion” and subjected to military trials, with trials conducted in secret, and final verdicts approved by officials or even the president. Such courts were a disaster for the people.
More ironically, the Democratic Progressive Party’s (DPP) development history is closely linked to opposition to the military trial system. In 1979, the “Formosa” magazine opposed Kuomintang’s dictatorship and published its first issue. In December of the same year, a mass movement against Kuomintang’s dictatorship erupted outside the magazine’s office, known as the “Formosa Incident.” Many protesters and magazine staff were arrested and sentenced to harsh punishments by military courts. Among them were some early members of the DPP. In 2013, 24-year-old soldier Hong Zhongqiu died from oppression in the military, sparking protests by hundreds of thousands in Taiwan. The DPP also used this to oppose the Ma Ying-jeou government at the time. Ultimately, under pressure, the Legislative Yuan quickly initiated legal reforms. The following year, the military prosecution office and military courts were officially abolished, and through people’s struggle, Ma Ying-jeou’s government effectively canceled the military trial system. However, it was during this process that the DPP, which had gained power by deceiving the people’s trust and had started out opposing Kuomintang’s White Terror, once again revived the military trial system. They seized the Kuomintang government’s butcher’s knife but continued to wield it against the Taiwanese people. This historical drama once again proves that bourgeois rule will never bring genuine democracy or happiness to the people; bourgeois formal democracy is merely a deception. Facing increasingly sharp class contradictions, any bourgeois government will unhesitatingly tear off the mask of freedom, equality, and fraternity to reveal its true fangs—infantry, cavalry, and artillery.

