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|Other Titles: ||“Legal Violence” of the Japanese Colonial Authorities in Taiwan and Its Historical Appraisal|
the state law;colonial rule;foreign rule;political resistance;violence;civil law;criminal law;the Chinese Nationalist Party;ethnic groups;the February 28 Incident;historical appraisal
|Issue Date: ||2015-04-22 15:15:35 (UTC+8)|
In the initial period of the Japanese colonial rule, Taiwanese resisters who frequently protested against the government by force in the past fought against the Japanese army as before. The Japanese authorities appealed to military violence and then “legal violence” to kill them. On the other hand, the general public resisted the legal violence of the colonial authorities within the legal framework. In consideration of the needs of colonial rule, the Japanese brought the criminal law with a certain degree of modernity to Taiwan. Accordingly, the Taiwanese can criticize the legal violence by the criterion of modernity. The civil law in Taiwan was also stipulated for the interests of colonial rulers, but the Taiwanese successfully employed it for their own benefit. In the middle period of the Japanese rule, the Taiwanese dissenters applied the provisions relating to fundamental rights in the Meiji Constitution to improve their legal status. Unfortunately, the colonial government still suppressed their political activities in accordance with the state law. Furthermore, those Taiwanese dissenters who objected to the constitutional framework were severely punished by the Japanese law. Under the legal violence existing for several decades, the Taiwanese society could not but surrender to the authority of the state.The Chinese Nationalist government who took over Taiwan after the World War II always ignored the colonial experiences that the native Taiwanese had and merely blamed the colonial law for its serving for the colonialism, if those experiences were mentioned. Nevertheless, many native Taiwanese adopted positive attitudes toward the past colonial law on the ground that as the Japanese colonialists did before, the Chinese Nationalist government regarded the Taiwanese people as instrument to achieve the goal of the ruler, suppressed them with legal violence and sometimes appealed to military violence. Following the same strategy of “resisting unjust law within a unjust legal framework,” many native Taiwanese elite opposed to the Chinese Nationalist government. Unlike the Japanese colonialists, the Chinese Nationalist government was not able to recruit new members from their “mother country,” and therefore finally terminated its fifty-five year rule in Taiwan in 2000. However, the historical appraisal relating to the Japanese period that has been spread widely by the Chinese Nationalist government with legal violence for a long time is still prevalent and competes with others that are based on the viewpoint of the Taiwanese people. At any event, legal violence is never allowed in the future.
|Relation: ||政治大學歷史學報, 25, 1-36|
|Data Type: ||article|
|Appears in Collections:||[歷史學系] 期刊論文|
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