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Issues and Studies MEDLINEScopus

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篇名 Taming the Tongue: Political Resource Inequalities and Court Decisions in Defamation Litigation in Taiwan
卷期 50:4
作者 WU,CHUNG-LISU,XIAOCHEN
頁次 157-190
關鍵字 resource inequality theorynegative campaigningdefamation in campaignsjudicial systemTaiwanMEDLINEScopus
出刊日期 201412

中文摘要

英文摘要

This study examines the impact of resource inequalities, also referred to as party capabilities, on defamation litigation between 2000 and 2011 in an attempt to determine whether or not Taiwan’s three-tier court system, consisting of district courts, high courts, and the Supreme Court, is politically biased in its judgments. The empirical findings reveal that superior resources, in terms of party affiliation, election results, sociopolitical connections, and judicial procedure, give defendants a limited advantage in trials involving defamation in campaigns. This study concludes that concern for social stability, legitimacy, and political development in nascent democratic systems could lead to weaker parties being favored by the judiciary, allowing them to come out ahead and achieve an advantage over stronger parties in litigation outcomes.

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