由原住民狩獵文化看國家與部落間之規範衝突及未來因應

台灣原住民族狩獵文化係長期祖先傳承與凝聚部落族群共識，更是男性主要工作活動與展現勇士象徵，最重要則是族人們獲取動物高蛋白重要來源。因而台灣原住民與自然資源利用及展現狩獵活動與保育思維等，儼然與生態間有某種情愫關係，佐證出原住民狩獵行為係以文化觀及敬畏心與自然生態相處之生活哲學。近年來因動植物資源過度使用及大眾社會普便對原住民文化及歲時祭儀認知缺乏，致原住民族遭受許多爭議與批評，甚至污名化（stigmatization）。然部落族人因長期維護其文化傳承及貫有之歲時祭儀，甚而是生活中所必須，某種程度在採集與狩獵行為等而受到國家法律嚴處與對待。無疑讓原住民再次受到傷害，迫使族人們走上街頭、流血、抗議、抒發不滿及不公事實，以維護原住民族狩獵文化尊嚴與民族自尊。在本文中透過狩獵行為、歲時祭儀、傳統慣習與社會組織等議題，特別是狩獵文化觀，讓社會大眾對原住民族文化與其特殊慣習及生態知識等有更新的看法與認識，從狩獵文化觀中指引國家與部落間的規範，衝突中找出平衡與解決方式，以期讓更多好朋友們（法官、律師、警察、檢察官）更有原住民族思維與詮釋，在處理原住民族事務上較具客觀性與公正性，以符合全球尊重少數民族權益及台灣原住民族之期待。

關鍵字

原住民；狩獵文化；傳統慣習；歲時祭儀

並列摘要

Taiwan's indigenous peoples’ hunting culture represents both their long-term ancestral heritage and a method of reaching tribal group consensus. Hunting also constitutes one of the major work activities of males and demonstrates the symbolism of the tribal warrior. Most importantly, hunting is the tribe's main source of animal protein. Therefore, the relationships between Taiwan's indigenous peoples, their use of natural resources, their hunting activities, and their views on conservation and ecology prove that the indigenous peoples' hunting activity is central to their life philosophy from a cultural perspective, and embodies respect for the natural environment. In recent years, due to excessive use of animal and plant resources, there still remains a lack of awareness in mainstream society about the culture of indigenous peoples and their coming-of-age rituals. Resulting controversies have caused Taiwan's indigenous peoples to suffer a lot of criticism, and even stigmatization. However, due to long-term maintenance of their tribal cultural heritage, traditional coming-of-age rituals, and even to meet the daily needs of life, indigenous people continue to gather and hunt at some level, but receive severe punishment and treatment under national laws. This undoubtedly hurts the feelings of the indigenous peoples, and forces the tribes to protest in public to express their dissatisfaction and expose the existence of discrimination in order to protect the dignity and national pride of the indigenous peoples' hunting cultures. Therefore, by focusing on the hunting behavior of the indigenous peoples, their coming-of-age rituals, tribal traditional habits, social organization and so on, particularly in regards to cultural concepts of hunting, this article hopes to let the masses gain a new perspective on the indigenous peoples' culture, special habits and ecological knowledge. This cultural perspective on hunting can hopefully be used to guide the establishment of regulations between the government and the tribes, to find a balance, and to promote solutions to conflicts. To achieve these aims, more friends (i.e. judges, lawyers, police, prosecutors, etc.) can hopefully become more familiar with the thinking and expression of the indigenous peoples, in order that they may process the relevant affairs of the indigenous peoples more objectively and fairly, and also conform to the global trends of respecting the rights of minorities and meeting the expectations of Taiwan's indigenous peoples.