| 英文摘要 |
A dissident jurist organization, which was originally named the Chinese Society of Comparative Law in the past but is now called Taiwan Law Society, emerged in the 1970’s Taiwan when the island was under authoritarian rule. Back in that time, the Law Society focused mainly on academic discussions with issues such as private law or judicial practice that were unrelated to the authority of state. They purposefully avoided political activities in exchange for supplying the legal aid to promote rule of law. However, some members of the Law Society advocated in the court against the authoritarian state in order to rescue the dissidents in the 1979 Formosa Incident. In the 1980s and 1990s, the Law Society brought together more lawyers and scholars with liberal and democratic ideas to criticize the authoritarian system through the mouths of foreigners and from the perspectives of doctrine and comparative law, thus creating a“Trojan horse effect”and contributing to a liberal and democratic Taiwan. In the 2000s and 2010s, the Law Society frequently co-organized conferences with other legal institutions and professional societies, and compared the jurisprudential theories based on Taiwan’s experience with those based on foreign experience so as to confirm and deepen the liberal constitutionalism in Taiwan. The Law Society wanted to promote the reform of the rule of law by combining academic and social movements as well. Unfortunately, the issue of constitutional law reform was so closely related to international and domestic political factors that it was beyond the ability of the Law Society. Similarly, while the Law Society successfully urged people in Taiwan to deal with the judicial reform, the content of the judicial reform still depends on the struggle and compromise of all parties. In contrast, the Law Society seems to play a leading role in legalizing the idea of“transitional justice.”The Law Society, now stronger than ever, is still actively promoting its beliefs as a civic organization in a democratic country.
|
