A Study on Indigenous Hunting Right on the Basis of Cultural Right in the International Law, Guang Lu Wang Case as a Case Study

碩士 === 逢甲大學 === 財經法律研究所 === 107 === There are sixteen Taiwanese aboriginal peoples, and each has its unique culture. This study is based on the case of Guang-Lu Wang, a Bunun hunter, to explore the current law on the " Controlling Guns, Ammunition and Knives Act " and the " Wildlife...

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Bibliographic Details
Main Authors: LIN, DONG-SHENG, 林東昇
Other Authors: LIN,MENG-LING
Format: Others
Language:zh-TW
Published: 2019
Online Access:http://ndltd.ncl.edu.tw/handle/tn7u6f
Description
Summary:碩士 === 逢甲大學 === 財經法律研究所 === 107 === There are sixteen Taiwanese aboriginal peoples, and each has its unique culture. This study is based on the case of Guang-Lu Wang, a Bunun hunter, to explore the current law on the " Controlling Guns, Ammunition and Knives Act " and the " Wildlife Conservation Act " and the conflict with the traditional hunting culture of the aborigines. This paper explores the perspective of cultural right in the international law to see whether the current regulations fit the native cultural reality or not, and tries to find a better balance to protect aboriginal culture and State law. Our goal is to build mutual trust and tolerance between aboriginal peoples and the country power, and this is the global trend as well. Also, the author referred American and Canadian legal cases to find good way of protecting aboriginal hunting culture to follow. Although Taiwanese aboriginal peoples’ population is a minority of the total population, their rights are worthy of protection. This is also my research motivation. The purpose is to resolve the conflict between traditional culture and law. In addition, it will be analyzed by literature. Law and comparative method are used as the research methods of this research; and from Guang-Lu Wang case, the differences between China's practice and international law are discussed, as well as the practical experience of foreign countries; and the proposal for revision is proposed as the final conclusion of this study. To solve other issues. The goal of this paper is to introduce and reveal Taiwanese aboriginal cultures to the mainstream society because minority cultures should be respected and cherished for sure.