In my thesis, I argue "against the grain," asserting that the war over authenticity among first-wave and second-wave-Asian-American writers is in fact a red-herring argument. The diversity within Asian American literature--be it nationalist, multiculturalist, or globalist--is initiated by a subversive kernel borne out of Asian American writers' frustration at the manner in which Asians had, up until now, been portrayed in popular culture. This thesis will pay particular attention to how Chinese American writers, namely Frank Chin and David Henry Hwang, contest the emasculated stereotype of Asian American identity by reclaiming historical agency, demanding representational authenticity, and urging for political equality in their literature. Following a discussion of Charles Taylor's location of the originality of identity in dis/re-covery, this thesis will commence with a Freudian and Benjimanian analysis of history in Chin's Donald Duk (1991) and Hwang's Golden Child (1996). This thesis then examines the role of Chinese literature in the composition of Chinese American literature, especially in Donald Duk, Gunga Din Highway (1995), FOB (1983), and Dance and the Railroad (1983). I ascertain that the similarities/differences yielded between the "ur-myth" of Guan Gong, a general warlord who served under Liu Bei during the Three Kingdoms era, and the Asian American depictions of Guan symbolically indicate Chin and Hwang's political beliefs on how Asian American literature should be interpreted in a post-civil-rights-movement era. To continue exploring the matrix of Asian American identity in a multicultural context, I contend that post-hyphenated identity is a conscientious performance of self by drawing on Chin's The Chickencoop Chinaman (1972) and Hwang's Yellow Face (2009) as examples.

The movement of history will not be isolated from any outside and has the absolute impact on the rest of the world. Before "Formosa" (Illa Formosa) was found, Taiwan is not excluded from the historical evolution, and of developing their unique characteristics. The Portuguese discovery of Taiwan and countries around the world is the key to the connections of historical development and allowing Taiwan into the era of sailing. Taiwan's prehistoric times to illustrate the unique historical and cultural evolution; Han Chinese enter Taiwan for the sake of survival, and further change in Taiwan's existing constitution. Besides changing from hunting to farming technology has greatly improved the lives of local residents, a large number of Han Chinese Immigration has also developing the continental culture; trade demand from the Netherlands, Taiwan is seen at the world stage, also the first time for Taiwan to accept the baptism of different cultures; Prior to this, Japan desires Taiwan for a long time, but their moves and policies end up giving up invasive intentions. While Spain for the sake of trade and dissemination of cultural purposes to compete with the Netherlands, Taiwan has already evolved into East Asia as the most important geopolitical position. The Zengs¡¦ developments in Taiwan, showing they play essential role in the history of Taiwan. As establishment of the first regime, it is absolutely a glorious event. Moreover, its implementation in the military, economics, political, internal affairs and diplomacy, until the present Taiwan still had far-reaching impact. The cultural monument and place names can be powerful proof. Zeng and Qing¡¦s proposals can reflect the status quo in Taiwan and the failure of Zeng¡¦s regime can be a good lesson for leaders in Taiwan. If Taiwan can not get lessons from history, the tragedy will be inevitable. The ultimate solutions can be extracted from the lesson. Facing the rising power of China, the Republic of China undergo severe political environment, which is comparable to Zeng¡¦s condition. The focus of this study hope to provide different points of view to review the past and develop a future module.

無論是東方或西方古代社會，宗教信仰與政治信仰二者的關係都是相輔相成的；尤以中國古代殷周時期，宗教與政治的信仰、權力、組織、制度更是合為一體。筆者的興趣與關注，正是周初宗教人文轉向的課題。周室承繼殷權的宗教文化傳統，從祭祀天神、地衹、鬼靈、祖宗等現象出發，透過一套象徵系統的詮釋方式，傳達出一種對宇宙、人事獨特的理解與信念。然而，夏、殷之例不遠，僅以祭祀、占卜等活動尚不足以「祈天永命」來確保國祚久安，故強調「敬德」的主體修養活動以彌補宗教活動的不足；周室遂以此信仰體系為背景，經由「敬」的自我省察工夫，把對超越界的崇敬與追尋，回返到主體對自我的覺知與省察，神秘的宗教性格遂轉化為「敬德」價值理性的生發，「敬德」與「服天命」或「受天命」之間自始產生了聯結，兩者形成了緊密的因果關係：前為因，後為果；這有效地說明天命屬意周室的正當性。此時，「天命有德→敬德保民→祈天永命」三者恰好結成牢固的繩索，「敬德」成了國祚久安的必要條件，開顯出全新的、倫理的、道德的人文面相。 　　周初宗教人文轉向的關鍵處就是，周公等人以人民根植在祭祀、占卜活動中對超越界的情感為基礎，把一貫的宗教情操巧妙地轉移至「德」價值本體上；在周公等人自覺意識的作用下，神人關係的宗教情操順利地轉化為道德情操，周初宗教精神自此一大躍進，展現了新的宗教精神，從而指點出它的道德與倫理向度；宗教理性與人文理性因而結合、消融，人文意義與價值自始受到重視與肯認。職是之故，筆者擬以周初「天命觀」與「敬德」價值理性二者互為辯證的關係為進路，從二者的形成、關連與作用面切入，分別描述周初宗教人文化的歷史進程，並就其統貫之理作一系統性的闡述。 / The relations between the religious and political beliefs are complementary either in the eastern or eastern society which beliefs, authorities, organization, systems were combined into a whole especially during the Ying-Chou period of the ancient China. The writer's interests and concerns are rightly focused on “the humanistic turn of the early Chou religion”. The Chou empire inherited the religious, cultural tradition from Ying authority, starting out from the phenomena of worshiping the heaven deity, earth deity, ghosts, ancestral spirits and expressed an unique understanding, belief for the cosmos and the living world through the interpretative way of a set of symbolic system. Whereas, that the examples of Shia, Ying authorities went just ahead made Chou empire realized that only relying on the worshiping, divining activities was insufficient to “appealing to the heaven for the eternal life of nation”; hence, they proclaimed further the subjective deed― “respecting virtue” ―for supplementing the deficiency of religious activities; given that, the Chou turned its outwardly respecting and searching for the transcendent back to the inwardly subjective awareness and introspection on self, grounded on the inherited belief system, by way of the introspective work “respecting” of self that resulted in the transformation from the mystic, religious characters into the arising of the value-ration of “respecting value”. Thus, there was connection between “respecting virtue” and “obeying the heaven's destiny”, “accepting the heaven's destiny”; the former the cause, the later the effect. The close causation occurred within them that effectively explained the legitimacy of the bestowed destiny from heaven on Chou. At this time, “the heaven bestowing destiny on those who have virtue→respecting virtue for the purpose of protecting people→appealing to the heaven for the eternal nation” these three nodes were rightly strung into a firm rope so that “respecting virtue” became the necessary condition of the eternal nation that discovered the wholly new, moral, ethical and humanistic aspects. 　　The key point of the humanistic turn of the early Chou religion was Chou-Kong and others, based on people's emotions rooted in the worshiping, divining activities for the transcendent, ingeniously turned people's inherited religious sentiments to the “virtue” itself. Under the function of Chou-Kong's self-consciousness, the religious sentiment of relations between gods and men smoothly transformed into the moral sentiment that made the religious spirit in the early Chou pushed a giant leap and opened a fully new religious spirit that directed to its moral and ethical dimensions. The religion-ration and humanity-ration were thus combined and melted; from this on, the humanistic meanings and values were acknowledged and regarded with esteem. On the grounded of that, the writer tries to make a systematic explication for its reason of unity by describing separately the historical process of the humanization of the early Chou religion from the aspects of formations, correlations and functions of both the view of “heaven's destiny” and the value-ration of “respecting virtue” among which the inter-dialectical relations used as an approach in this text.

雇主基於一定之經濟上目的，常與勞工在不定期勞動契約中，約定勞工於一定之期間內，必須繼續為雇主提供勞務，不得提前離職。此種最低服務年限約定條款，常見於各行各業之中，且類型繁多，也增加了問題研究的複雜性；因此，本文首重整理歸納實務上已經出現之案例類型，藉以釐清最低服務年限約定條款之定義與性質，作為研究之基礎。 有關最低服務年限約定條款的效力，涉及勞工職業自由與雇主經濟自由之衝突，本文認為應以利益權衡的方式，來判斷最低服務年限約定條款的效力。實務上，基於契約自由原則，率多承認此等條款的法律上效力，並慣於以違約金酌減之方式，來控制最低服務年限約定條款的合理性。不過，本文並不贊同實務通說之見解，另行提出「必要性」與「合理性」的二階段理論，作為最低服務年限約定條款效力的判斷依據。 實務上，最低服務年限約定條款常伴隨一些問題，譬如定型化勞動契約、終止權之限制、違約金約定條款、補償措施返還條款、訓練費用償還條款、選派進修關係等，本文也將在適當之處就此些問題加以論述。 文末，將對於最低服務年限約定條款在我國實務上的現況，作一回顧式的整理，並就相關的議題提出具有展望性的立法建議。