discrimination towards migrant workers’ right to work. While the Ministry has set forth certain factors to be considered and the principles for their internal review, these have not been publicly disclosed. 88. The written decisions by the Ministry of Interior revoking the stay permits of Mainland Chinese spouses only specify the details set forth in Article 14 of the Management Regulations Governing Interviews with Mainland Chinese People Applying for Entry to the Territories of Taiwan. In other words, these decisions are rendered without specifying the reasons therefor. This is contrary to the provision stipulated in subparagraph 2, Paragraph 1 of Article 96 of the Administrative Procedure Act. The Ministry also refuses to provide access to the statement or audio/video records of the interview with the Mainland Chinese spouse, and this should be considered a violation of said persons’ fundamental litigation rights and also contrary to the institutional protection provided by the Constitution. 89. The adverse administrative dispositions rendered by the Supreme Administrative Court denying family union or residence/stay permits of foreign and Mainland Chinese spouses hold that the native spouses should have no right to challenge the disposition in an administrative litigation. This is in contravention of Article 2 of the Administrative Litigation Law, and also in violation of the fundamental litigation rights and the principles of due legal process. Article 14 Impartial Tribunal Presumption of Innocence 90. A criminal prosecution is initiated by the Government in order to discover the truth and exercise the national powers of criminal punishment, while it also has the duty of protecting the people from the pressure of prolonged and repeated trials with the anxiety of reversals of “guilty” and “non-guilty” verdicts. These should be identified as the intentions of criminal prosecution in a modern society that is ruled-by-law, and also the true intent of Article 16 of the Constitution protecting the people’s right to litigation. The current legal system, under which in minor cases an appeal is commonly filed by the prosecutor against a not-guilty verdict in the lower court, is suspected of violating the principles of the presumption of innocence defined in Paragraph 1 of Article 154 of the Code of Criminal Procedure and Paragraph 2 of Article 14 of the ICCPR, as well as the basic principles of criminal actions referred to in Article 161 of the same Code, requiring that the public or private prosecutor should bear the burden of proof as to the facts of the crime. The prosecutor exercises criminal prosecution on behalf of the nation and has strong power to investigate and bring an indictment; most defendants, in comparison, are relatively 40