百年前臺灣民眾法治觀念考察──以《民商法詩錄》為研究對象（上）

An investigation of Taiwanese people's legal values 100 years ago─Taking 'Civil and Commercial Law Poems' as the research object

臺灣處於歐亞與太平洋板塊交界處， 自古即為海洋與大陸的門戶，處於交通輻輳之地， 各族群移民於此， 屢為列強覬覦， 歷經多個政權統治。甲午戰後， 臺灣改隸日本， 統治初期以高壓殖民統治為主， 為利於統治， 辦理舊慣調查， 了解島民生活， 也將調查成果， 融合歐陸法律，成為臺灣慣例判決的基礎。臺灣自大正4 年（1915）西來庵（臺南市玉井區）事件後，即無大規模抗日活動，平和穩定之際，大正8 年（1919）起，實施文官統治。時值第一次世界大戰後， 美國總統倡議民族自決， 臺灣受到朝鮮三一事件影響，地方議會請運動，如火如荼展開。田健治郎為第一任文官總督，甫一上任， 即頒布內地延長政策， 實施內臺共學等文教措施。時逢世界經濟景氣復甦，經過多次評議協商，決定於大正12 年（1923）將日本民商法於臺灣實行，自此臺灣進入法治時期。為得到輿論與民眾的支持，大正11 年（1922）官方傳媒《臺灣日日新報》與瀛社合作，辦理「民商法徵詩」，經評選後錄選詩作70 首，除頒贈獎品，亦將獲選詩作刊登《臺灣日日新報》，並由謝汝銓編輯《民商法詩錄》刊行於世， 以資獎勵。詩是民眾心聲心語的展現， 詩作中除歌頌殖民者的德政， 可從詩文用典或律令實務， 探析臺灣民眾對於法治的直接感受。《民商法詩錄》這本專輯， 利用傳統漢詩寫作格律， 與新頒法律連結， 透過詩作， 充分表達百年前臺灣民眾對民商法實施的觀感。目前臺灣史研究者多著墨於法律發展史， 對於漢詩中的法制資料卻乏人問津。本文以《民商法詩錄》為研究中心， 參酌日治時期報刊雜誌與現今法學著作， 期盼以多元視角， 引領讀者了解百年前臺灣民眾對於法治觀念的看法。

Taiwan is located at the junction of the Eurasian and Pacific plates. It has been the gateway between the ocean and the mainland since ancient times. It is located in a place where traffic converges. Since ancient times, it has been the location of immigrants of various ethnic groups, and has also been coveted by foreign powers. It has experienced colonial rule by various regimes. After the Sino-Japanese War, Taiwan was transferred to Japan. In the early period of its rule, as before, it was dominated by high-pressure colonial rule. In order to facilitate the rule, it conducted investigations on old customs to understand the life of the islanders. The results of the investigations were also integrated with European law, which became the basis for Taiwan's customary judgments. Since 1915, after the incident at Xilaian (Yujing District, Tainan City), when there was no large-scale anti-Japanese activities and peace and stability, until 1919, civilian rule was implemented. After the First World War, the President of the United States advocated national self-determination, and Taiwan was affected by the March 1st Incident in South Korea, and the local assembly movement was in full swing. Tian Jianjiro was the first civilian governor. As soon as he took office, he promulgated the extension policy of the mainland and implemented cultural and educational measures such as co-education with Taiwan. At the time of the recovery of the world economy, after many discussions and consultations, the Japanese Civil and Commercial Law was implemented in Taiwan in 1923. Since then, Taiwan has entered a period of rule of law. In order to gain the support of public opinion and the public, in 1922, the official media Taiwan Daily News cooperated with Yingshe to organize the 'Civil and Commercial Law Poems' activity. After selection, 70 poems were selected. In addition to the awards, He also published his poems in Taiwan Daily News, and edited Civil and Commercial Law Poems by Xie Ruquan and published them in the world as a reward. Poetry is the expression of the heart and soul. In addition to extolling the virtues of the colonizers, the poems can be used to analyze the direct feelings of the Taiwanese people on the rule of law from the use of poetry and the practice of laws and regulations. The New Year's Day of 1923 coincides with the 100th anniversary of the publication of Civil and Commercial Law Poems. This album connects traditional Chinese poetry with newly promulgated laws, and conveys Taiwanese people's views on the implementation of civil and commercial law a hundred years ago through poetry. The researchers mostly focus on the history of legal development in Taiwan, but few people analyze the poetry records. This time, I divided the Civil and Commercial Law Poetry Records as the research center, and referred to the old newspapers and magazines and the current legal works, hoping to lead the way from multiple perspectives. Readers understand the values that Taiwanese people had about the law a hundred years ago.