The Compensation and Redress for Political Cases during the Martial Law Period in Taiwan (1949-1987)
Date Issued
2007
Date
2007
Author(s)
Hsu, Yu-Wen
DOI
zh-TW
Abstract
Abstract
August, 1945, the World War II ended. Imparial Japanese army, having lost the war, returned to the Kuomintang（KMT）government the island of Taiwan, which it had ruled for the past fifty years. This is followed by the Chinese civil war as the KMT and the Communist party failed to reach an agreement. The KMT consequently retreated into Taiwan, and a tense period of hostility ensued. Due to the background of the period and various complex factors, the KMT instituted martial law from May 20th, 1949, through July 14th, 1987, lasting thirty-eight years in an attempt to consolidate political power. Aside from relying to existing civil strife and foreign aggression laws and regulations, this time period also introduced various special laws and administrative orders such as the “Rebellion Punishment Provision” and the "Temporary Anti-Espionage Provisions Effective During the Period of Communist Rebellion”, consequently causing many politically motivated wrongful arrests, false imprisonments, and rebellions.
During the past several decades, Taiwanese politics, economics, society, and culture developed rapidly. As the communist regime began to crumble and gradually transition into one of freedom and democracy, the political development moved from the earlier authoritarian state developed to centralize power for its rulers —by visibly and invisibly restricting the thoughts and actions of its subjects, which consequently caused injustice by directly or indirectly violating the human rights of many—into a new, free, and progressive era today that challenges and discusses the truths and amendments for the injustices of the past. Consequently, concepts such as “Vergangenheitsbewältigung” and “transitional justice” are also gradually brought up and noticed.
This dissertation studies the legal and historical backgrounds of the Taiwanese martial law period, using document analysis and participatory observation, in order to elucidate the cause of political persecutions as it relates to law and the government, an to clarify the meaning of transition justice. Furthermore, it provides a complete delineation and analysis of how the “Temporary Provisions Effective During the Period of Communist Rebellion Compensation Act” is practiced in actuality. Other than actively facing and applying the principles of transitional justice at the current stage, the pursuit of real justice, the preservation and usage of historical documents, the transition issues of reparation non-profit foundations, as well as the development of an example for societal values are all important areas for research and development. By pondering this historical period from the perspective of power, politics, law, and society, hopefully we can come to a better understanding of the future of Taiwan’s development and progress. By shedding light on this piece of history, we can avoid repeating the traps of the past, and better appreciate the freedom, democracy, and human rights of the modern society.
Subjects
戒嚴時期
政治案件
轉型正義
補償
平反
人權
the Martial Law Period
political cases
transitional justice
compensation
redress
human rights
SDGs
Type
thesis
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