臺灣省級議會「五龍一鳳」等在野民主菁英的人權主張－－以人身自由為中心（1946-1972）

A Human Rights Claim by the Opposition Democratic Elite “Five Dragons and One Phoenix” in the Taiwan Province Council: Revolving Around Personal Liberty (1946-1972)

本文旨在探討戰後臺灣國家暴力熾盛、人權受到蹂躪的年代，人稱「五龍一鳳」等幾位較具人權意識的臺灣省級議會在野派議員，如何在議會中進行人身自由權的討論。本文分別就政治法律體制的反省、正當法律程序的要求，以及審判救濟機制的訴求等面向進行探討；具體議題包括戒嚴體制、取締流氓辦法、濫捕現象、刑求現象、陪審制度、冤獄賠償，以及赦免制度的討論。從這些發言可看出他們關心人權議題的廣度、鍥而不舍的精神，以及對議題時代性的掌握。然而，彼等對人權議題的討論雖廣，深度卻有所局限。此外，走過國家暴力熾盛年代，他們的發言竟很少提到戕害人身自由甚鉅的二二八及白色恐怖的具體個案與個人經歷；甚至要藉用與戰後臺灣國家暴力關係甚深的蔣介石過生日或連任總統的時機，請求當局赦免政治犯，此亦值得省思。

"This study aims to discuss how some opposition party councilors─so-called “Five Dragons and One Phoenix”─ in the Taiwan Province Council who were more conscious of human rights, discussed personal freedom in the council in an era in which national violence prevailed and human rights were trampled on in post-war Taiwan. In order to do so, this article explores issues such the reflection on the political and legal systems, the requirements of the proper legal procedure, the appeal of the trial and relief mechanism, etc., by discussing the martial law system, the rules governing crackdown on mobsters, the abuse of arrest, the use of torture, the jury system, the compensation for unjust verdicts, the pardon system, etc. From their statements, we may find the width of their concerns about the human rights issue, their perseverance, as well as their control over issues of the time. Nevertheless, although they had discussed a broad range of issues, the depth of their discussion was very limited. Besides, having gone through a national violence-prevailing era, their statements surprisingly seldom mentioned concrete cases and personal experiences in the 228 event and the White Terror, which rendered a considerable damage to personal freedom. Moreover, although Chiang Kai-shek was deeply involved in political violence in post-war Taiwan, they appealed to the authorities to pardon political prisoners on his birthday and on his reelection for president. This is also worth our review."