歐盟對中共廢除死刑政策之研究

Abstract

歐盟是國際社會中引領廢除死刑運動的先鋒，對歐盟以及其會員國而言，廢除死刑不僅是對區域內個人生存權的保障，也是歐洲致力對外提倡的理念與對外政策。相對之下，目前尚保留死刑的國家中，中國大陸執行死刑人數為全球之冠，每年數千件的數字遠遠高於其他國家，對於關注廢除死刑議題的歐盟而言，中國大陸死刑執行情形氾濫是非常嚴重人權問題，廢除死刑遂成為歐盟對中共人權外交中所訴求的重點之一。 本研究以Ian Manners與Kenneth Thompson的論點為依據，建立歐盟規範性強權政策輸出之框架，檢視歐盟廢除死刑政策於中國大陸推動的過程。首先，本論文從歐盟的定位探討價值於歐盟外交政策中的意涵；而後論述歐盟作為規範性強權如何對中共運作其力量，亦即其傳播價值的途徑與工具。然而中共接受歐盟訴求規範的決定性因素與環境和情勢息息相關，是以除了價值輸出者的面向之外，研究時亦應考量價值接收者中共本身的利害與情勢；最後從達成政策目標的指標探究歐盟於此項政策之成效，可得知歐盟規範性強權在中共死刑議題之上的影響力究竟如何。

The EU and all member states consider the abolition of the death penalty contributes to the enhancement of human dignity and the progressive development of human rights. Hence, all of the EU member states have not only abolished the death penalty, but also taken the abolition of the death penalty as the EU’s international pursuit since 1990’s. By contrast, with the highest execution numbers in the world, PRC uses capital punishment pervasively. At the same time, it has been criticized that keeping the concrete number and situation of capital punishment as secrets in China. As a result, promoting the value of abolishing the death penalty has been one of the main issues in the EU foreign policy toward China. Ian Manners constructed the conception of ”Normative Power Europe” to illustrate why and how the EU exercises its power through promoting its values and norms globally. As a power with the ability to shape or change what pass for normal in international society, the EU has identified its international role as a normative power, which urges it to serve to promote the norms and values such as rule of law, democracy, fundamental freedoms, human rights and liberty worldwide. In the mean time, Kenneth Thompson suggested that values and norms play an important role in policy making process. The values and norms that the actor holds determine the goals and the means of its policy. However, whether the objective state accepts the norms largely depends on the circumstance and the situation. Following this argument, it can be realized how values and norms function in the practice of the normative power EU. With the argument of Ian Manners and Kenneth Thompson, this study aims to examine the abolition of the death policy effectiveness that the EU has devoted in China. At first, the thesis analyzes the values embedded in the EU foreign policy, which is associated with the objectives and the means of the EU policy. Secondly, it discusses the approach that the EU used to deliver its values and norms. At the same time, this study takes the interests and the situation and interest of PRC into consideration so that we can learn what kind of factor affects the result of the policy. Finally, according to the conclusion of this study, we can realize how much influence the Normative Power Europe has on the death penalty issue in China.