| 摘要: | 「轉型正義」指的是新興民主國家在政權變遷後，新政府處理前朝政府侵害人權的歷史問題的方式。二十世紀後半葉起，學術圈興起了轉型正義的研究浪潮，認為舊政權所犯之罪行，在人權規範為作正義標準的框架下，需予以回應及處置，以防止威權復辟的可能。本論文透過對波蘭及台灣兩國民主化過程及轉型正義實踐之探討，進行異同之比較，以及轉型正義對新興民主國家之重要性。
波蘭是中東歐第一個「去共化」的國家，其民主化過程，是由共產黨與反對勢力進行協商談判，並設定民主化之後的轉型議題等，揭開民主新局。協商式民主的轉型過程，讓前統治菁英持續活躍於政壇，利用過去累積的龐大資源與人脈網絡，參與民主選舉、重掌執政權。波蘭遲至1997年才推出第一部除垢法，其內容溫和、影響有限，直到2007年推出的修訂版除垢法，始有機會解構舊有權力結構、推動轉型正義，民主化得以向前邁進。
反觀台灣民主化至今已近30年，轉型正義的過程仍舊在受害者平反及補償階段原地踏步，忽略了加害者的追究。代表威權時代的前統治菁英說，我們要「忘掉過去、面向未來」，卻忘了「沒有真相，如何原諒？」隨著第三次政黨輪替揭開序幕，台灣在民主深化的道路上，轉型正義的實踐是政府不得忽視的挑戰。
"Transitional Justice " measures are positively correlated with an improvement in the state of democracy and human rights in transitional states. Since the late 20th century a growing consensus has been reached among scholars about the basic framework of "transitional justice" at a national level to confront the human right abuse from past authoritarian regimes. This dissertation is to analyze the "transitional justice" as one of the peace-building steps that needs to be taken to secure a stable democratic future and its different components, while examining key challenges with the examples of Poland and Taiwan.
After the collapse of the communist regimes across Central and Eastern Europe in the late 80s and early 90s, the newly independent states began a long and difficult journey to build up democratic system. One of the most difficult issues was how to approach the process of dealing with the communist past. Especially there were still many of the elites in the society have been involved with those dark period of history. However, calls for more radical approaches were growing louder and louder. In response, Poland adopted a lustration law in June 1997, which covered all elected state officials from the president downwards, including parliamentary candidates, together with all ministers and senior state functionaries about the rank of deputy provincial governor, judges and prosecutors, and leading figures in the public electronic and print media. At the beginning of 2007, the Law and Justice part led by Jaroslaw and Lech Kaczynski pushed through a revised version of the lustration law, requiring 700,000 people-primarily journalist, politicians, intellectuals, lawyers and judges-to disclose their pasts.
On the contrary, Taiwan probably belongs to the weakest model of "transitional justice." As a country ruling by the authoritarian KMT regime for more than half century, Taiwan has taken an approach centered on, and mostly limited to, victim reparations, while ignoring the legal liabilities of wrongdoers, including the statues and monuments of Chiang Kai-shek, is still left undisturbed and even celebrated. A couple of factors may explain the lack of strong transitional justice in Taiwan, most important factors are institutional constraint and divided national identity. This may explain why the public opinion for transitional justice is so extreme and divided. |
