日治台灣警察與現代生活秩序的形塑：以違警罪的即決為中心

Abstract

本論文探討日治時期的違警罪如何透過警察與即決程序型塑現代生活秩序。違警罪是與庶民生活關係最為密切，基於對文明生活秩序的想像所設定的規範。 違警罪所規範的並非惡性重大的犯罪行為，而是對於文明進步生活的想定，是以個人作為現代法律生活的主體，就身體的外顯行為；人與人的交往方式；個人與集體人群社會的互動；人與公、私空間的關係；人在空間中的交通移動；人與自然界的關係等面向，透過禁止與處罰手段建立文明與理性的生活秩序。 違警罪最初由日本人引進台灣時，是以法定刑為拘留或科料（小額罰金）的違法行為來界定其範疇，實體規範散落於舊刑法違警罪、地方縣廳的「違警罪目」，以及日常生活的各種行政管制規則，內容包羅萬象，並搭配即決制度而得由警察告發、處罰。1908年因日本新刑法施行所帶來的法制變動，台灣總督府制定了「台灣違警例」之後，違警罪的概念與範疇向「台灣違警例」收斂，該法的規範內容有承襲自殖民母國的原型，以及針對台灣在地統治問題所設定的規範。 台灣的警察採分散式配置並維持高密度警力下，警察的可見性高，加上常態性巡邏與專案行動，違警罪取締強度雖有地域上的差異，整體而言具備深入都市與非都市民眾的日常生活的結構條件。從違警罪即決的趨勢來看，當平地治安獲得控制後，1901年起違警罪取締件數隨即攀升，除1910年代前半略有下降，取締強度持續成長，於1936年達到高峰，且台灣對違警罪的取締強度比日本本土及朝鮮都來的高。 違警罪是透過警察與即決手段，以禁止而非誘導性的方式推動現代生活方式，但在殖民的情境下，警察對違警罪的解釋適用、執行上不乏濫權的情況，此從當事人不服即決向法院聲請正式裁判的分析亦能獲得印證，加上執法時不免會出現的民族差別對待，皆影響著違警罪即決的成效，只能一時性地改變人們的外在行為，尚未完全深化為內心的道德觀；不過從戰後外省人對台灣社會的外部觀察來看，經過日本統治的台灣人在日常生活的公共性及衛生性，已有一定程度的提升。 然而，透過警察推動現代生活秩序有其限度與限制。「台灣違警例」規範本身不僅「規訓過頭」而帶有殖民性；在警察政治陰影的籠罩下，違警罪亦被用於展現行政權威，作為推動政務的處罰手段，並且在1920年代以後用被來壓制台灣人的政治生活，連帶使台灣人產生反感，模糊了該法屬於現代性的一面。

This thesis is discussing how the police offences during the Japanese Rule period shaped the modern life order by the police and summary Judgement. The crime of police offences is very closely related to the life of the common people and based on the norm set by the imagination of the civilized life order. The police offences are not vicious and serious crimes, but the assumption of a civilized and progressive life. It regards individual as the subject of modern legal life, based on the value standard of civilization and rationality. In order to enable people to achieve this value standard, corresponding restrictions, prohibitions and punishments in the aspects of the physical behavior; the ways of interactions between people; the social interaction between individuals and the public; the relationship between people and public and private spaces; the transportation and the human-nature relationship. When the police offence was first adopted to Taiwan by the Japanese, its scope is defined by the illegal behaviors and the punishments are detentions or small fines. The police offenses included the police offenses of the old Japanese Criminal Code, the police offenses of local counties, and various administrative rules concerning daily life. The content includes all-encompassing, and combines with a summary judgement system, that the police can report and punish those crimes by themselves. In 1908, due to the changes in the legal system resulted from the implementation of the new Penal Code of Japan, Government of Taiwan enacted the Taiwan Police Offence. The concept and scope of police offences converged to Taiwan Police Offence Law. The content of the norms included prototypes inherited from the colonial mother country and some provisions that are attempted to solve the problems of Taiwan’s local rule. This will be the main topic of this thesis. In Japanese colonial period, Taiwan’s police are deployed in a decentralized manner and maintained a high-density police force with high police visibility. Although the intensity of suppression varies geographically, the visibility coupled with regular patrols and ad hoc operations, overall has the ability to effect the daily life of people in urban and non-urban areas. When public security in plain areas was under control, the number of police offence crimes began to rise in 1901, and slightly declined in the first half of 1910. As the intensity of the suppression continues to grow. The number of police offence crimes reached a peak in 1936. The enforcement intensity of the police offences in Taiwan is higher than in Japan and Korea. As far as changes in daily life are concerned, the police offences is promoted in a prohibitive rather than inductive way through the police and summary judgement. Moreover, because Taiwan as the colony of Japanese, there is a lot of abuse in the interpretation, application and enforcement of police offences by the police. This can be confirmed by the analysis of the cases appealing to the court for formal judgments. In addition, ethnic differential treatment that inevitably appears during law enforcement affects the effectiveness of summary judgement of police offence. The police offences and the summary judgement can only change people’s external behavior temporarily and has not yet fully deepened their inner morality. However, from the external observation of mainland Chinese people after World War II, the publicity and hygiene of Taiwanese society under Japanese rule has been improved to a certain extent. However, promoting a modern order of life through the police has its limits and restrictions. Taiwan Police Offence Law is not only “over-disciplined” but also colonial. Under the shadow of police politics, the police offences has also been used to demonstrate administrative authority and to promote administrative works. From the 1920s, it was used to suppress the political life of Taiwanese, which in turn made Taiwanese resented. The modernity of the police offences was blurred.