日治時期「平地蕃人」的出現及其法律上待遇（1895－1937）

Emergence and Legal Treatment of 'Flatland Aboriginals' under Japanese Rule

本文欲討論，日治時期統治當局，對於「平地蕃人」的特殊統治模式。日本接收臺灣初期，平埔族以外之原住民族不在國家統治力所及範圍之內，因此自始統治當局將「生蕃人」視為治外之民，不賦予國家臣民地位，並將「蕃地」與臺灣「平地」（或稱「普通行政區域」）劃分開來，實施以「理蕃行政」為名，主要由行政機關掌管一切之統治。在總督府的理想模式中，使「生蕃」進化到「化蕃」再進化「熟蕃」，即可以編入普通行政區域內接受與「本島人」（漢人及平埔族）相同之統治。然而東部的阿美族等，居住於「民蕃混同」的平地，而被劃入普通行政區域中，實際上並不符合統治當局所設想的理想進化光譜，因此被稱為「平地蕃人」，有別於「化蕃」或「熟蕃」。「平地蕃人」雖屬普通行政區域內，卻未必完全接受普通行政。因此本文逐一探討戶口、土地關係、租稅、司法事項，試圖釐清「平地蕃人」之法律上待遇。本文發現，日治前期平地蕃人的行政與民事事項已逐漸與「本島人」之權利義務內容近似；刑事懲戒事項亦自1920年以後放寬接受刑事審判之機會。

This essay discusses the special mode adopted by the Japanese colonial administration for governing 'flatland aboriginals'. During early Japanese rule, the colonial government included only the Pingpu tribe in its administration. Neither were other indigenous people recognized as imperial subjects; nor were their territories incorporated into the General Administrative Region on the plains. These aborigines were ruled separately by the 'aboriginal administration'. To the Taiwan Governor-General's Office, the ideal was to assimilate the 'wild aborigines' (shengfan) as 'tamed aborigines'(shufan) and include them as subjects of the General Administrative Region to be governed by the same principles as the 'Islanders' (Han-Chinese and Pingpu tribes). However, the Ami and Piyuma tribes who lived on the plains in eastern Taiwan sharing territories with Han-Chinese did not become civilized as desired by the Taiwan Governor-General's Office, and were hence called 'flatland aboriginals' in contrast to 'tamed aborigines'. Although 'flatland aboriginals' resided within the General Administrative Region, not all the general administration rules were applicable to them. Through analyzing household data, land ownership, tax and judiciary procedure, this study explored the governance and legal treatment of 'flatland aboriginals'. It was found that in the early Japanese colonial era, the administration as well as civil rights and obligations of 'flatland aboriginals' had gradually become similar to those of 'Islanders', and they were also granted the right to criminal trial after 1920.