
大法官蔡宗珍、楊惠欽及朱富美拒絕參與憲法法庭評議,卻以大法官職銜發表法律意見並授權付費下載,遭法界人士向司法院檢舉。學者張嘉尹、蘇彥圖批評其行為違反法官倫理,混淆私人評論與正式裁判意見,恐削弱憲法法庭權威並影響審判公正。
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大法官蔡宗珍、楊惠欽及朱富美拒絕參與憲法法庭評議,但以大法官職銜發表法律意見並授權付費下載,引發法界人士向司法院檢舉。學者張嘉尹、蘇彥圖指出此舉混淆私人評論與正式裁判意見,違反法官倫理。
大法官蔡宗珍、楊惠欽及朱富美持續拒絕參與評議,卻冠以大法官職銜另發法律意見、授權付費下載,遭法界人士向司法院檢舉。學者張嘉尹、蘇彥圖批評,此舉已違反法官倫理,三人持續在程序外以大法官身分否定裁判,將削弱憲法法庭權威;另有資深法官質疑,三人混淆私人評論與正式裁判意見,恐影響審判公正。
東吳大學法律系教授張嘉尹指出,三人未參與審理及評議,即無從提出正式「不同意見書」,至於事後另發的「不同意法律意見書」也未隨裁判公告,性質上只能視為個人法律意見。
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張嘉尹批評,三人若以私人身分發表法律意見,本身並非不能為之,但行文卻冠以大法官職銜、「本席」等司法語彙,並直接針對自己任職的憲法法庭判決表達異議。私人法律意見藉由大法官職銜及司法語彙,會取得不同於一般學術論著的權威,也易使外界混淆私人意見與正式裁判意見,已明顯違反法官倫理。
中研院法律學研究所研究員蘇彥圖則說,蔡、楊、朱對拒絕評議雖有一套法律主張,但是否參與評議,與判決後如何以大法官身分對外發言,是兩個不同問題。大法官可透過評議及不同意見書表達立場,三人卻拒絕參與,再從程序外持續否定裁判,涉及另一層次的司法倫理問題。
蘇彥圖表示,法院內部成員持續以大法官身分否定裁判,將削弱憲法法庭權威,使社會質疑連大法官都不接受,人民為何要接受判決;長期下來,更影響憲法法庭作成終局判斷的制度功能。
另有數名不願具名的資深法官提出「法官不語」原則,旨在避免裁判外言論影響審判公正。正式意見書的司法地位來自參與評議及依法提出的程序,未參與者事後評論不能取代不同意見書。大法官個人見解應與正式裁判意見清楚區分,避免程序外發言被視為具有司法權威的判斷。
AI outlook — possibilities, not facts
司法院將對此事進行調查並可能發表官方聲明
Likely · Within weeks

Gong Yiting, the son of former senior deputy general manager of Sanli TV Gong Meifu, was accused by a female artist of sexually assaulting him by administering a sedative. In June, prosecutors charged him with forced sexual intercourse but did not prosecute him for the drugging part. The female artist's request to participate in the lawsuit was approved, and the Taipei District Court will inspect the conversation records between her and Gong's mother Zhao Ruyu on the communication software.

The Zhuhai Special Economic Zone Construction Waste Management Regulations will be implemented on October 15, 2026. For the first time, a special chapter is set up for the management of decoration waste. It is clear that the generating units and individuals need to notify the manager in advance, classify the collection, entrust the removal and pay the fee. It is prohibited to mix domestic waste or dump and pile it without authorization. Violators will face penalties such as warnings, fines, and even detention.

Former Yilan District Court judge Zhang Xuanhao was dismissed from his duties as a judge for the first time due to three drunk driving accidents. After being transferred to a judicial affairs officer, he drove drunk again and injured a passerby. The disciplinary court ordered him to suspend his duties for one year, and he can appeal.

Justices Cai Zongzhen, Yang Huiqin, and Zhu Fumei of the Judicial Yuan have long refused to participate in the review, but issued "disagreement with the legal opinion" in the name of the justices and authorized legal sources to pay for inclusion, triggering a Facebook debate between lawyer Fan Guohua and copyright expert Zhang Zhongxin. Fan Guohua questioned whether he was abusing public resources by using his job title for publishing and charging without comment, citing the analogy of the 33 yuan electric cooker case; Zhang Zhongxin believed that the document was a personal creation and the use of job titles was a separate issue. The two sides debated the ownership of documents and the appropriateness of their positions, involving copyright, the distinction between public and private matters, and official ethics.

83-year-old Ms. Fang was forced to accept the arbitration clause after the fund company’s app was upgraded, otherwise she would not be able to use the app. The court found that this coercive method violated the principle of voluntary arbitration, and the arbitration agreement was not effective for investors. It upheld the first-instance ruling that rejected the fund company manager’s objection.

Justices Cai Zongzhen, Yang Huiqin and Zhu Fumei refused to participate in the deliberations of the Constitutional Court for more than 300 days, but later expressed their personal opinions in the form of a "Legal Opinion of Disagreement", which was published in the magazine "Taiwan Lawyer" and authorized to be downloaded by Fayuan Legal Network for a fee. This triggered controversy over judicial ethics and copyright. Fayuan.com has removed the relevant article, and other legal circles have reported and requested investigation.