| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 105 === Nowadays, Taiwanese society demands the government to legislate a special act on disclosure of the archives in the context of transitional justice. The transitional justice measures that Taiwan has so far undertaken were merely to compensate victims. Meanwhile, victims and researchers cannot acquire archives or records to seek out the truth regarding the gross human rights violations in the past under the normal archives disclosure system. Therefore, this thesis is attempted to understand whether the relevant laws applicable to the disclosure of archives related to gross human rights violation in Taiwan is worse than those of other countries. Then, it tends to figure out the cause of the covered truth in Taiwan by comparing the disclosure systems for the archives under transitional justice in Taiwan, South Korea, and South Africa.
This thesis discovers that all these three countries do not enact a special act on the disclosure of the archives in transitional justice context. Furthermore, there are no overwhelming merits nor weaknesses for the archives disclosure in transitional justice context in the normal archives or official information disclosure systems. However, among the three disclosure systems, Taiwan has the worst problem regarding the disclosure of confidential archives. The reasons that the truth in Taiwan is much blurrier than the other two countries include the access to the related files of transitional justice institutions, the attitude of the government when facing the truth resulted from the modes of democratization of the states, and the implementation status of the legislation of archives disclosure in Taiwan.
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