台灣轉型正義在世界脈絡中的普遍性與未來走向

Rethinking Transitional Justice in Taiwan from the comparative perspective

平井新(Arata Hirai)

《黨產研究》 5期 (2020/04) Pp. 25-61

摘要

本文將分析當前各地區的轉型正義，並出發自「轉型」的類型的觀點，概述迄今在國際潮流中轉型正義的發展、以及在此「轉型正義的世界史」中日本、韓國、台灣等東亞各國案例，定義並分析台灣轉型正義在此脈絡中的普遍性和特殊性，由此試圖提出台灣轉型正義要面對的課題以及未來的走向。關於台灣的轉型正義，自從民主化以來，對二二八事件與白色恐怖，總統以國家元首身份向受害者道歉，立法院通過相關法案給予受害者及其家屬賠償或“補償”之外，第三次政黨輪替後的蔡英文政權時期，立法院進行了《不當當產處理條例》與《促進轉型正義條例》等法案的法制化，將威權主義統治時期的不當黨產國有化、撤除象徵物、歷史資料公開和追究真相、對黨國體制的遺緒作出制度上的修正。但是在台灣社會以轉型正義之名進行的克服過去的議題，如原住民族以及台籍老兵等的運動所顯示，不只有後獨裁型的追求，也存在後殖民型與後衝突型的歷史不義。正如台灣案例所顯示，東亞轉型正義的特徵是後獨裁型、後衝突型與後殖民型這三者之間具有重層的結構。透過以上觀點，本文將提出台灣的「轉型正義」作為一個與其他議題相互關聯而開展的運動，必定有與另外一個運動形成連帶的潛能：正義的轉型結構。

關鍵字

轉型正義 ； 歷史和解 ； 原住民族 ； 台籍老兵 ； 連鎖正義

並列摘要

Transitional Justice (TJ) is the judicial and political mechanisms in order to redress the former regime's negative legacy such as mass harm or human rights violations. So far, there have been many cases observed around the world so that TJ has been seen not only in democratic transition, the narrow definition of it, but also in the consolidated democratic regime or any other democratic societies in order to overcome the past wrongdoings for reconciliation. However, it is not still clear enough what is common point of view among different cases or general theory and regional features partly because of the lack of typology in TJ issues. This article from the comparative perspective examines Taiwan society's challenge to redress the past regime's wrongdoings, addresses its multiple complexity of TJ in East Asia, and tries to find Taiwan case's feature in the structure of transition in historical justice pursued in the name of ＂Zhuangxing Zhengyi＂ called in Taiwan. First of all, from the typology of transitions, it makes sure of the global prevalence that TJ mechanisms have been used as a set of historical reconciliation scheme in the different types of political transitions in the different regions with the trend of Justice cascade. Nowadays it can be classified three forms of TJ: Post-authoritarian, Post-conflict and Postcolonial type. Then, it glances at the characteristics of this issue in East Asian countries. These three types of TJ tend to be pursued multiply for the process of democratization and decolonization during the post-cold war period in the region. Especially Taiwan society has all types of TJ issues to deal with, since she has the legacy of many senses of the historical injustice over every regime change for last 400 years. As the liberal democratic country where succeeded in transition from the former authoritarian regime, TJ in Taiwan originally meant to redress the past mass harm by former KMT regime. At the same time as the Han settler state, however, she also is faced with the historical injustice to the Taiwanese indigenous people. Besides, Taiwan society is potentially faced with postcolonial and post conflict issues of TJ still left untreated beyond the range of the nation state, such as the problem about the past Japanese colonial rule and about the current cross-strait relations. Finally, I illustrate such Taiwan's multiple complexity with different types of TJ by highlighting on two cases: the indigenous people's movement and the military veterans' memory activism. Those movements have become the political agendas in the name of ＂Zhuangxing Zhengyi＂ during the term of Tsai Ing-wen administration. It means the front line for TJ in Taiwan is transitioning from post-authoritarian issue to post-colonial issue. In conclusion, I pointed out the ＂Zhuangxing Zhengyi＂: the kind of local form of TJ in Taiwan has the structure of the transitions of historical justice. Above two cases demonstrate that different types of TJ in Taiwan have been related with each other and interlinked in the developing process with deepening democratization so that the concept of TJ is transitioning.

並列關鍵字

Transitional Justice ； historical reconciliation ； Justice cascade ； indigenous people ； Taiwanese veterans