戰後初期台灣法律專業人員資格取得之研究
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Date
2010-07-31
Authors
劉恆妏
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Abstract
本研究以筆者過去的研究成果為基礎，希望透過近來開放的各類一手官 書、檔案、訪談、回憶錄等資料，探究戰後初期台灣法律專業人員之資格 取得情形，並嘗試分析此類人事運作，對戰後台灣司法所造成之影響。 本文以1950 年國民政府各部會遷台為界，分門別類探討1945 年至1949 年間，於不同政權交替之際，政府對各種法律專業人員資格之政策、規範 與實踐情形。亦即，嘗試分析各類人士如何透過諸多不同管道，取得國家 專業資格認證之司法官（包括推事、檢察官）與律師資格。當時之司法人 事制度，是如何去認可各類法律專業人員之執業證照與派任資格。此等人 事任用政策，包括直接依學歷證件轉換、透過國家考試考選、對前政權專 門職業證照之認證、特定職業資格之轉換、乃至於從政黨黨務工作人員、 特務工作人員中甄選等，如何具體運作。其後，更進一步探究當時政權對 司法人事政策之考量，以及透過人事之延續性，對於戰後台灣司法所產生 之影響。
In this study I will survey the first hand historical sources as the recent declassified public archives, official publications, interviews and memoirs to illuminate how the personnel in legal professions obtained their valid qualifications during the first several decays after World War II in Taiwan. Based on the results of my previous researches, this study shall illustrate what impacts may result form these verifying procedures upon the Taiwan judicial system in the later years. Employing those materials I shall examine the different dimensions of the Nationalist governmental policies about the verifying procedures towards the personnel in legal professions, including both the institutional aspect and practical aspect. For example, to analyze how different sorts of personnel in legal professions obtained their state-sanctioned qualification through different paths to reach the status as prosecutors, judges and lawyers. Those state-sanctioned paths are including the conversion of specific vocational qualifications, licenses (issued by other political entities), the official exam for public selection, the special selection within political party members and secret agents. The real practices of above operations will be the object of this observation. Further more, it may possibly disclose how the authority shaped the character of the post-war juridical institutions by manipulating the recruit-policy and maintaining senior personnel in legal system.
In this study I will survey the first hand historical sources as the recent declassified public archives, official publications, interviews and memoirs to illuminate how the personnel in legal professions obtained their valid qualifications during the first several decays after World War II in Taiwan. Based on the results of my previous researches, this study shall illustrate what impacts may result form these verifying procedures upon the Taiwan judicial system in the later years. Employing those materials I shall examine the different dimensions of the Nationalist governmental policies about the verifying procedures towards the personnel in legal professions, including both the institutional aspect and practical aspect. For example, to analyze how different sorts of personnel in legal professions obtained their state-sanctioned qualification through different paths to reach the status as prosecutors, judges and lawyers. Those state-sanctioned paths are including the conversion of specific vocational qualifications, licenses (issued by other political entities), the official exam for public selection, the special selection within political party members and secret agents. The real practices of above operations will be the object of this observation. Further more, it may possibly disclose how the authority shaped the character of the post-war juridical institutions by manipulating the recruit-policy and maintaining senior personnel in legal system.