轉型正義在第三波民主化國家之發展－以西班牙、捷克、斯洛維尼亞和臺灣為例

The Third wave of democratization started since the “Carnation Revolution” of Portugal in 1974 and swiftly impacted the world. During the 15 years after Carnation Revolution, there have been more than 30 countries undergone a democratization transition, and at least 10 countries more were impacted. In late 1980s, the collapsed of USSR and SFRY pushed the Third wave reached its climax, and Communism was dead in Europe. In Taiwan, the goverment abolished the martial law which had been promulgated for 38 years in 1987, and significantly loosen the restrictions on people’s political rights, got political reform step by step under democracy’s third wave. Many countries have embraced the democracy during the Third wave of democratization, which was the largest scale ever. With the democratization completed, came along the “transitional justice” issue that the newly democratization countries must confront with. Transitional justice is not only the question of democratization, but also is the foundation of democracy consolidation. This thesis uses Spain, Czech, Slovenia and Taiwan as case studies; they are selected because these 3 European countries represent 3 different areas, dictatorships and democracy transition in Europe, but they still share a common trait as members of EU now. It shows that their democratization is recognized by EU. Hence, with this thesis, I would like to discuss the effect of the transitional justice and its background by the above mentioned countries as case studies. And finally with Taiwan’s experience of transitional justice to compare with the 3 European countries mentioned in the thesis, and conclude if there is any valuable lesson worth refers to. According to the analysis, transitional justice is a universal value. The 4 countries have doing transi-tional justice much or few to now, but different country has different developing model. So the result of the thesis shows a wide range of diversity, since every country will show a diverse appearance by differ-ent political development. It is to deal with victims but don’t care about perpetrators in Taiwan, so it is also Taiwan’s unfinished work after democratization.