|
Gaga in Atayal traditional culture, has the moral constraints of power, but also has a culture of mutual sharing feature, so that the tribe needs can be satisfied in the layers of society interpersonal networks, however, into the modern society, with a modern legal norms the trend seems to gradually replace the old Gaga cultural norms, the study found modern Atayal people, in this double life specification Gaga culture and modern legal norms, not only the concept of modern Atayal culture Gaga in the past, but at the same time to adapt to modern life style, found in the literature Atayal traditional conflict resolution mechanisms and crime, mainly influenced by the concept of ancestral spirits under the concept of "decriminalization", which "reconciliation" and "misfortunes" two main modes, namely with Restorative justice concept coincide. This paper has three purposes: First, interviews police officers understand Ilan Atayal Atayal Gaga in crime in the role. Second, the analysis of the Atayal decriminalization connected Ritual Change and Restorative Justice between. Third, the observation Atayal police officers between legal norms and reconciliation (decriminalization) concept, to find equitable principles of case processing. This study will adopt depth interviews as the main method of data collection, supplemented by literature survey about the Aboriginal culture analysis, the scope of the study to the Atayal life as a research field, six Atayal aboriginal police officers as the research object, qualitative interviews to collect diverse research data, this study hope that through interviews Atayal aboriginal police officers, recording mode of thinking between the police during their service expertise and knowledge Atayal cultural differences arising, and the differences in practice use after interviews with respondents analysis, the study found the following results: First, Gaga traditional Atayal tribal representatives in all specifications, its function is to deter crime, and its importance is born away sins (mediation) ceremony and maintain tribal peace. Second, the concept of Atayal away sins (mediation) ritual connotation is Restorative justice and its effectiveness in Atayal society than legal sanctions. Third, the Atayal police between decriminalization and traditional justice (mediation) restoration ceremony, due to sanctions under the law is no longer decriminalization cognitive space, into law enforcement and Traditional Culture equity dilemma. This paper recommends recognition of the identity of different ethnic groups, social background and lifestyle characteristics, in order to develop a reasonable and consistent with the policy of social justice and fairness of the ceremony and to maintain tribal peace, the researchers recommend the following matters: First, instill Atayal police take away sins (mediation) ritual core philosophy, assist the legal system, in order to obtain the original goodness of civil and criminal policy. Second, caring, respect Atayal culture, the development of indigenous judicial autonomy. Third, respect for multiculturalism and avoid assimilation policies. Fourth, improve the status of indigenous criminal justice, providing procedural justice.
KEY WORD:Atayal, Gaga, Restorative Justice, Mediation
|