The research on the practices of the restorative justice in aboriginal communities－an empirical study in Truku Race of Sioulin Township in Hualian County.

• Main Authors: CHANG, SHAO-CHING, 張韶青
• Other Authors: SHEU, CHUEN-JIM
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/51792775155918542408

碩士 === 國立臺北大學 === 犯罪學研究所 === 95 === ABSTRACT THE RESEARCH ON THE PRACTICES OF THE RESTORATIVE JUSTICE IN ABORIGINAL COMMUNITIES－AN EMPIRICAL STUDY IN TRUKU RACE OF SIOULIN TOWNSHIP IN HUALIAN COUNTY. by CHANG,SHAO-CHING January 2007 ADVISOR：Dr.SHEU,CHUEN-JIM DEPARTMENT：GRADUATE SCHOOL OF CRIMINOLOGY MAJOR：CRIMINOLOGY DEGREE：MASTER OF LAW Research Background And Purpose： The study expound the restorative justice system that Taiwan aboriginal「Truku Race」have carried out for long time and the associated mediation system of the mediation committee in Sioulin Township，Hualian County to probe into and flesh out the concept of “restorative justice”. To understand the practices and characteristics of arbitrational system (restorative system) in ancient aboriginal 「Truku Race」communities thorough grand old men and compare it with the difference and situation of the current mediation committee in Sioulin Township，Hualian County .we understand the forthright , convenience and the timely justice of the restorative justice system. Restorative justice system is indeed a selective method for people who need aids and tallies with the structure of the diversified society. Research Design And Methods： 1. The focal points of collecting bibliography are placed on historical development, norms, objectives and scope, situation of the enforcement, results of the enforcement and problems of enforcement and so on. 2. In-depth interview is in the light of structural, half-structural and nonstructural interview with related interviewers. The content of interview with intellectuals , the grand old men who comprehend tradition and missioners, administrators and intellectuals of church system in the community of Truku Race are organized in the thesis to analyze the conventional knowledge that current people understand and to interpret the fields of practicing. 3. Observation method of the study is aimed at the enforcement of Mediation Committee in Sioulin Township，Hualian County. By means of special designs and situation, the action was carried out most naturally without any interruption to reduce the artificial distort of the deliberated avoidance and peculiar attitude of the interviewers because of annoyance about interviewing. Conclusion and Suggestions： The study finds that aboriginals have their own unique characteristics—simplicity. In dealing with the disputes, the methods of current mediation committee are not really suit the aboriginals. For instance, the mediation committee overemphasizes the financial indemnification. Simply speaking, anything can be reconciled by money;On the contrary, no money no reconciliation. Suggestions are recommended to take the restorative compensatory model of the past to replace financial indemnification by goods and deal with disputes in the viewpoint of aboriginals. “National laws” neglects the inherent law culture of aboriginals in long periods and makes associated law problems emerge in an endless stream , which affecting the right and interests of aboriginals . The study also finds that chieftains have played an important role in restorative justice system in the ancient and so does pastors. In conclusion, it is the best mediatory system in aboriginal system committees to carry out mediatory mechanism in three ways--------chieftains, pastors and mediate committee members, which keep the long and virtuous traditional culture of aboriginals. Key Word：Truku Race、Intermediator、The customary law、Mediation institution of towns