@现大大大大大大大大大 (Reporter Wu Shenglin of Straits) The Taiwan authorities' "Executive Yuan" announced that the "Court Conference" will discuss and pass the relevant regulations to abolish the "crime of adultery" tomorrow (December 17). The contents involved in the amendment include relevant provisions of the "Criminal Law" and the "Criminal Procedure Law".
This means that the "adultery crime" committed on Taiwan's island for 85 years will completely enter the historical garbage dump. For those who are involved in an affair, "punishment" will no longer be used to punish and deal with it in the future, and the issue of marital infidelity will completely return to the scope of "civil law".
Taiwan's "adultery crime" began in the 1920s and 1930s. It was imitated by Japanese laws at that time. Initially, only the wife who had an affair was punished. A man's affair was not restricted by the "adultery crime", and it was not until 1935 that he was changed to both men and women.
At present, East Asia, including mainland China, Japan, South Korea, etc., no longer have the crime of "adultery", and few other parts of the world retain this crime, but Article 239 of Taiwan's "Criminal Law" has always retained the provisions on "adultery".
Article 239 of Taiwan’s “Criminal Law” stipulates that “those who have a spouse who commit adultery with someone shall be sentenced to fixed-term imprisonment of not more than one year. The same is true for those who are traitorous”; “For those who withdraw the spouse’s telling, their effectiveness is not as effective as those who are traitorous.” According to statistics, from 2015 to 2019, there are about 500 adultery cases in Taiwan every year that need to be heard by the court. In 2019 alone, 533 people were found guilty of "adultery" (spouse) or "evil rape" (third party), and a total of 26 people were found guilty.
But the problem is that Article 245, Paragraph 1 of the "Criminal Law" also stipulates that "the crime of adultery must be told to Nai Lun". In other words, if a married person in Taiwan cheats, it will be fine if he is not sued; only if the defendant goes to court can he be sentenced to "adultery", sentenced to fixed-term imprisonment of not more than one year, and may be fined easily. After the plaintiff filed a lawsuit, he can withdraw his spouse, but the "missie" or "Lao Wang" cannot withdraw his lawsuit, which causes the fact that only one person can commit adultery, but it often causes only one person to face criminal responsibility alone, which is accused of "violating the principle of equality between men and women."
"'Adultery' is a criminal punishment. Once convicted, this disgraceful and immoral archival record will follow the parties for their lives." Ji Xin , the founding chairman of the Taipei New Knowledge Association, a well-known lawyer on the island, and chairman of the Taiwan "Unified Alliance Party", said in an interview with the author that the marriage cannot be maintained through a tough binding method, and the "adultery" is not in line with the world trend.
Should adultery be decriminalized? In the past 10 or 20 years, it has caused discussion in Taiwan society from time to time. On May 29 this year, the "Judicial Court" of the Taiwan authorities "interpreted the constitution" on this issue. In the end, 14 out of the 15 "Captain Justices" believed that the "adultery crime" violated the provisions of the "Constitution" on "protecting sexual autonomy", so the "adultery crime" and " is unconstitutional " were determined to be invalid immediately. This time, the "Executive Yuan" amends the law and deletes relevant provisions, which is actually in cooperation with the "Chief Justice"'s "constitutional interpretation" on May 29 this year.
Taiwan statistics show that on average, 111 men are charged with adultery when every 100 women are accused of adultery, but in the final verdict, only 81 men are punished. In addition, after the lawsuit is filed, 50% of women will withdraw their accusations against their husbands and sue the "miss" alone; but men rarely withdraw their reports to their wives.
Overall, the proportion of women in adultery cases is relatively high, whether they are robbed or sentenced. This is not only because the wife is more willing to choose to forgive her husband, but also shows that the entire society is much more tolerant of men who commit adultery than women. This is obviously an inequality. Therefore, the media once reported that after adultery was "decriminalized", the "miss" would set off firecrackers to celebrate.
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