轉型正義 Transitional Justice

  

  

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''Shoes on the Danube Bank''the art piece by Can Togay and Gyular Pauer reminds us the people ( mainly Budapest jews ) shot into the Danube river in World War II.

立法院近幾日通過了法案,強迫1987年以前成立的政黨必須清查1945年以後的財產來源。不在規定內的項目必須申報且視為不當財產。不當黨產唯一結局為歸還於民,此舉被視為台灣民主的里程碑,也是轉型正義的一大步,即使有些民眾並不認同。 The Legislative Yuan has recently passed the bill, forcing parties established before 1987 to list all properties gained after 1945. Estates apart from items in regulation have to be reported and are taken as illegal assets. These illegal estates can only be given back to all citizens, which is seen to be a milestone of democracy in Taiwan and a big step of transitional justice, even though some people do not agree with this.

轉型正義意即當國家走向民主化後,新政府處理前朝遺留的問題或補償事宜。台灣在1945年後經歷國民黨於中國內戰戰敗逃亡來台開始,長達30年的戒嚴時期。這段時間內當局權力無限擴張,許多民眾權益受到政府損害卻無法申訴,亦有許多人因此失去生命。 Transitional justice refers to the process in which the new government deal with problems and unsatisfied compensation left by the old one, when the coutry goes into the democratic era. Since 1945 when KMT lost the Chinese civil war and fled to Taiwan, the authority began a 30-year reign under martial law. During the time, people had no way to lodge a claim against the administrative department for their lost. Some people even lost their lives.

轉型正義最成功的案例是東西德統一後,德國新政府針對二戰時期納粹對於猶太人的犯行以及前東德政府獨裁統治所做的補償及政策。最重要的是,德國的例子顯示了轉型正義的層面不能侷限於政府,而必須存在於民眾的認知及教育裡。 The most successful case is the new German government after WW II and the reunification of east and west Germany, with policies and compensation made for victims of Nazi( especially Juish people) as well as people suffering from dictation of former east German authority. The point is, not only the government but also average people have to recognize it and pass it on through education can transitional justice be done, based on German experience.

很遺憾地,時至今日轉型正義的概念甚至未曾出現在國民教育的課本裡。歷史的事實儘管令人不安,卻必須經過這樣的行為,一而再再而三的提醒大眾,避免歷史重演。 Unfortunately, the concept of transitional justice is even not written in textbooks. The historical facts are disturbing, but only by this can people be reminded again and again and avoid history once again.

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