Annotated Republic of China Case Law/Judicial Yuan Interpretation No. 5

Date
16 August 1952

Issue
Would the personnel of political parties after enacting the Constitution be the public servants under the Criminal Code?

Holding
The personnel of political parties after enacting the Constitution cannot be considered the public servants under the Criminal Code.

Effect
This case law would overturn a case law on 1 December 1934 when Kuomingtang and the Nationalist Government were not yet separated.