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University of Macau / Faculty of Social Sciences and Humanities / Department of Government and Public Administration

University of Macau / Faculty of Social Sciences and Humanities / Department of Government and Public Administration

University of Macau / Faculty of Social Sciences and Humanities / Department of Government and Public Administration

University of Macau / Faculty of Social Sciences and Humanities / Department of Government and Public Administration

本論文從十九世紀末以來亞洲民族國家形成的脈絡，探討反攻意識型態在戰後台灣歷史的歷程中所扮演的角色，目的在探求戰爭塑造與國家建構兩者之間的關係。戰後台灣承繼了日本總力戰、中國抗日戰爭與動員戡亂等多重戰爭體制的影響，在「反攻大陸」的訴求下延續與強化戰時措施，作為在台灣建立國家的憑藉，也強烈形塑統治體制的特徵。在體制建構外，鼓吹人民支持的即為反攻意識型態，透過意識型態各面向的發展，中華民國政府賦予這場戰爭各種不同的意義，並逐漸找尋出不懼時間流逝、為何一直無法反攻的回答。伴隨著意識型態逐步完備的是宣傳手法的漸次純熟，藉由不斷地實驗摸索，反攻意識型態化為日常生活中無所不在的訊息與制度性措施，所依靠的是由軍方大幅介入、以戰時措施宣傳戰爭的方式。統治體制的性質與反攻意識型態的訴求與手法，反映了五○年代以戰爭為中心思考的策略，也代表著戰後台灣國家體制建立的特質。 / This dissertation discusses the role of the ideology of "Reconquering the Mainland" in the 1950s Taiwan from the context of the formation of the nation-state in Asia. The aim of this dissertation is to analysis the relation between war-making and state-making. Postwar Taiwan is conbined with several war systems, including the late Japanese colonization, the anti-Japan war system, and the system of Mobilization for Suppressing the Communist Rebellion. By the reason of "Reconquering the Mainland," Taiwan inherited and increased these war systems to build its state and make the type of rule. What the way to maintain the war system and encourage Taiwanese to support the rule is the propaganda on the ideology of "Reconquering the Mainland", and builing the propaganda institution for the ideology. Through the development of the ideology, the KMT government finded the resolution of time pass-by and the reason why the government can't reconquere the Mainland. And through the development of the propaganda, the ideology permeated in the daily life of the "normal" people. This dissertation also argues the role of the military in the propaganda institution. From the ideology, propaganda institution and the propaganda way, we can find the central role of the thinking of war, and the importance of war-making in the state-making in the 1950s Taiwan.

本文主要探討蔣中正於1930～1937年之間如何型範其建構現代國家的模式。此期間在完成北伐後對中共展開軍事圍剿，他試圖融合中國傳統社會控制方法與現代西方觀念，展開一連串政治、社會、經濟等層面的改革，從中體現了現代國家的建構過程。江西省作為對中共軍事圍剿的中心，在熊式輝主政下施行一系列地方政治改革措施，其中包含了許多傳統的中國社會控制方式，而正也體現了蔣中正其有關地方政治改革觀念。同時，江西省的農村與同時期中國其他省份農村，均面臨了嚴重的經濟與社會危機，江西農村在當時更成為毛澤東建立革命根據地並成功動員農民的大本營，並且展現了毛澤東建構現代國家的另一種模式。所以分析江西為何能夠成為中共進行武裝革命的重要根據地，以及其能成功動員農民的主要動力何在，成為理解蔣中正據以提出其著名的「三分軍事，七分政治」策略的重要原因。因此，江西省政府於1930年代進行一連串的地方政治改革，分析其方案內容以理解蔣中正對於地方政治改革與建構現代國家之間的關係。對蔣中正而言，進行地方政治改革的主要目的是為了擴張與強化國家對基層社會之基礎控制能力，借以強化對農村社會的控制。但為使改革成功而必須適應中國之國情，因此蔣中正採借了中國傳統帝國時期有關農村社會控制與動員的手段，例如保甲制度、團練與強調恢復傳統道德精神的新生活運動等。其後，蔣中正以江西省的實際作法與成功經驗作為其掌握國家權力後的具體施政參照，例如1939年對日抗戰期間國民政府毅然決定全面革新進行縣政制度，也反映了相同的政治改革邏輯。在蔣中正的政治改革理念中，不僅反映了傳統與現代性之間的掙扎、反抗與妥協，衝突、轉化與融合，並且有意或無意地採取了中國特有的習慣與制度，從而體現了現代性的多元特性。 / This dissertation focuses on the ideas and mode of how Chiang Kai-shek build the modern state in 1930-1937. In this period, he tried to integrate traditional Chinese social control methods and modern Western concepts, and launched a series of political, social, economic and other aspects of the reform. However, in the period of 1930-1937. Which embodies the construction of the modern state process. Jiangxi Province as the center of the Chinese military siege before 1935, Xiong Shi-hui implement a series of local political reform measures which contains many of the traditional Chinese social control, Chiang Kai-shek is the best embodiment of the concept of local political reform. At the same time, rural areas in Jiangxi Province and other provinces in China in the same period were facing serious economic and social crises. At that time, the rural areas in Jiangxi Province became Mao Zedong's revolutionary base areas and the headquarters where successfully mobilized the peasants, moreover, Mao Zedong to show the construction of a modern state of another model. Therefore, the analysis of why Jiangxi could become an important base for the armed revolution in China, its main motivation to mobilize the peasants, became an important reason for Chiang Kai-shek to put forward his famous "three points military, seven political" strategy. Therefore, the Jiangxi provincial government in the 1930s to carry out a series of local political reform, analysis of its program content to understand the Chiang Kai-shek for local political reform and the construction of the relationship between the modern state. For Chiang Kai-shek, the purpose of local political reform is to expand and strengthen the country's basic control of grass-roots level of social control, but to make the success of the reform must adapt to China's national conditions, so he adopted the traditional society of social control and mobilization means, such as the system of “Bar-jia”, “Tuan-Lian”(militia) and the new life movement which that emphasizes the restoration of the traditional moral spirit. The practices and successful experience of Jiangxi become an important reference after Chiang Kai-shek take the political power of nation, for example, he decided to conduct a comprehensive reform of the county system during the Sino-Japanese war in 1939, which that also reflects the same logic of political reform. In Chiang Kai-shek's ideas of political reform, not only reflects the struggle between tradition and modernity, resistance and compromise, bat also conflict, transformation and integration. At the same time, in his ideas had adopted China's unique habits and institutions intentionally or unintentionally, thus reflecting the characteristics of modernity multivariate.

本研究主要是陳述自白濫用之困境與解決途徑。過去法院在審理案件時，相當重視犯人的自白，然而過份強調自白容易違反無罪推定原則及公平法院原則，且易造成誤判。自白信用性應如何確定，一直是刑事法學及偵審實務上最具爭議且影響事實認定之重大的課題，但深入探討此議題的文獻有限。在台灣最著名的冤案之一就是江國慶案，其冤案成因，主要是法院與偵查機關過度依賴江國慶的自白，研究者為監察院調查官，於民國92年奉命調查此案，調查期間因案件需要，遂開始研究此議題。拉丁法諺明確說明「自白是證據之王」。過去常見使用非任意性自白作為裁判基礎，但對於如何獲取自白方式較不被重視，使用酷刑取得非任意性自白很常見。雖然現代社會使用拷問及酷刑方式取得非任意性自白並不多見，但法官與檢察官仍十分重視自白，因與其他證據相較，自白較容易勾畫犯罪事實之全貌，具有較優勢的地位。雖然自白之取得縱未經強暴、脅迫、利誘、詐欺或其他不正方法，然仍有許多案件顯示有虛偽自白情形。到底是何種原因產生虛偽自白，應該用何種分析方式與審查標準評價該自白，首先必須探討國家機關獲取自白之方式與過程對於犯罪嫌疑人心理影響，始能明瞭自白內容其實是偵訊者透過訊問與犯罪嫌疑人溝通互動之產物，存有偵訊者主觀的意念。因此，本研究之目的主要是藉由江國慶案件深入分析自白信用性，並訂定出審查標準。 本文引用日本有關自白信用性之學說、研究結果以及現行實務，配合我國實務現狀，再藉由江國慶案卷證，描繪自白信用性審查標準。江國慶案因受限軍事審判法規定，不得上述上訴最高法院審酌，其中有關江國慶自白部分具有相當疑義，包括自白之成立係在高壓偵訊環境中所生, 自白與證物不一致等。本案為密室偵訊之典型案例，其中雖自白任意性之爭議極大，但因任意性舉證極為困難，導致歷審軍事法院均三言兩語駁回被告有關任意性之調查證據之聲請，此即為自白任意性在實務操作最大的問題；就自白信用性部分，歷審法院認定方式較無標準，這也是我國實務上之通病。綜合文獻及實務，研究者認為在審查自白信用性的標準應包括：(1)自白成立過程 (2)自白內容變動之合理性 (3)體驗供述之陳述 (4)秘密的暴露 (5)自白與客觀證據之一致性 (6)可供證實之物證不存在與欠缺相關情況證據 (7)犯罪嫌疑人對犯行前後偵訊者以外之人言行與被告的辯解等7項標準。 希望藉由本研究所訂定之標準，提供從事司法實務者在審判審案件時有一清晰客觀的標準，以達成維護公共福祉與保障人權。 / The focus of this study was to describe the dilemma regarding the abusive use of confessions and its solution. In the past, a great emphasis has been placed in course on the confessions of the accused. However, an overemphasis on confessions may violate the principles of presumption of innocence and just court, resulting in miscarriage of justice. Determining the credibility of confessions has been one of the most controversial issues in the criminal law and in the investigation and trial practice. However, limited studies have explored on this issue. In Taiwan, one of the most well-known cases of injustice is the case of Chiang Kuo-Ching. The primary reason for the injustice was the over-reliance of the court and investigation agency on the confession of Chiang Kuo-Ching. As an inquisitor at the Control Yuan, the researcher was involved in the investigation of the case of Chiang Kuo-Ching in 2003. During the investigation, the researcher began a more in-depth study on the issue of abusive use of confessions. Latin law principles proclaim that “confession is the king of evidence”. Involuntary confessions have been commonly used in the past as a foundation for judicial judgment. However, the strategies for acquiring confessions were not stressed. Torture was used in the past for the acquisition of involuntary confessions, while it is not a current practice. Currently, judges and prosecutors greatly value confessions due to their greater capacity of providing an overall picture of the criminal facts, as compared to other strategies. In many cases, false confessions are commonly present. To understand the causes of false confessions and to develop standardized determining criteria for false confessions, it is critical to explore the psychological impacts of the processes and strategies of acquiring confessions on the criminal suspects. Such exploration will provide an understanding that a confession is the product of the interactive communications between the investigator and the suspect, involving the subjectivity of the investigator. Therefore, the purpose of this study was to analyze the credibility of confessions and to develop an evaluation criteria based on an analysis of the case of Chiang Kuo-Ching. A Japanese theory of credibility of confessions, research findings, current practice in Taiwan and the case of Chiang Kuo-Ching were used to develop credible evaluation criteria for confessions. Due to the restriction from the military trail law placed on the case of Chiang Kuo-Ching, appeal to the Supreme Court was not permitted. Several elements of the confession of Chiang Kuo-Ching were questionable, such as the highly stressful interrogation environment for the confession, and the inconsistency between the confession and evidences. The case of Chiang Kuo-Ching is a typical case of secret interrogation, which generates great controversial on the voluntary nature of confessions. Due to the difficulties in obtaining evidences for voluntary confessions, the requests to acquire evidence for voluntary confessions were denied by the military court. This is the greatest problem related to the practical operation of voluntary confessions. Currently, there are no standardized evaluation criteria to review the credibility of confessions, which has been a common issue in the practical judicial operation. Derived on the literature and practice experiences, the researcher proposed the application of seven criterions in the evaluation of the credibility of confessions: (1) process of acquiring confessions, (2) rationality of changes in the contents of confessions, (3) existence of criminal experiences, (4) exposure of secrets, (5) consistency between the confessions and objective evidences, (6) lack of evidence to proof the crime of the accused, and (7) the words and actions of the suspect toward the individuals other than the investigators before and after the crime, and the argument of the defendant. The finding of this study will provide an objective and standardized criteria for judicial practice for the purposes of protecting public welfare and human right.

University of Macau / Faculty of Social Sciences and Humanities / Department of Government and Public Administration

Defining rarity as a relative quality in matter roughly opposite to density, this dissertation focusses on the way material qualities of molecular gases, such as semi-opacity, permeation, and blending, inform modernist representations of embodied spatial experience. In modernist writing, rare matter—including air, fog, smoke, and haze—functions as an active component of the sensory environment, filling up the negative space that sets off subjects from objects, and characters from settings. Representing matter across the full range of the rarity-density spectrum allows modernist writers to challenge the ontological status of such boundaries, and to develop dynamic spatial models of the self-world threshold. The Introduction defines rare matter and examines its function as a sensory medium that can alternately define and blur subject/object boundaries. Interpreting dynamic thresholds as products of authorial activism, I argue that modernist narratives disrupt the normative constructions of the self-world boundary that prevailed in biomedical discourse around the turn of the century. Chapter 1, seeking to expand the scope of modernist object studies to include rare matter, analyzes illustrated books about London to demonstrate the increased cultural visibility of the atmosphere in the modernist period. Visual and verbal gestalt effects, modelled on the hermeneutic oscillation between looking at and looking through the fog, foreground the materiality of the atmosphere that fills up three-dimensional space, pressing up against the thresholds of the body and disrupting fixed distinctions between subjects and their surroundings. Chapter 2 shows how D. H. Lawrence harnesses the properties of rare matter to construct dynamic representations of the self-world boundary. In his early novels and his criticism, the oscillation between self-diffusion and self-differentiation expresses characters’ psychological responsiveness to changing interpersonal and ontological pressures. Chapter 3 demonstrates how Virginia Woolf takes advantage of rare attributes like permeation, fluid motion, and variable particle spacing to model process-oriented communities that incorporate dynamic shifts between social autonomy and collective identity. The Conclusion examines rare imagery in modernist scenes of narration, arguing that dynamic self-world thresholds help to articulate a responsive form of reader-text interaction that allows for the alternation of independent and collaborative reading practices.