"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.