Decriminalisation of Adultery in Taiwan

Abstract

This article examines Taiwan’s decriminalisation of adultery in the landmark decision of Judicial Yuan Interpretation No. 791 [2020]. The Justices affirmed the right to freedom of sexual behaviour, ruling that imposing a criminal limit on the right in the name of marriage protection or the public interest is a disproportionate means to protect marriage, because the law cannot protect marriage. Moreover, a proviso of the law of adultery was held to be incompatible with the principle of equality, as it allowed the faithful spouse to sue only the person who fornicated with the unfaithful spouse, which was a vestige of moral vengeance rooted in the Chinese culture of nulla poena sine ‘Li’ (Chu-Li-Ru-Xing).