英文摘要
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On Oct. 29th 2015, the Supreme Court overruled the appeal of Wang Guang-Lu, making it the final and binding judgement. According to the judgment, Wang, who used a self-made shotgun to capture a Formosan Reeve's muntjac and a mountain goat, was sentenced to 3 years and 6 months in prison. This particular case aroused much public concern: why would an indigenous people who went hunting two animals for his own usage will need to put into jail for 3 years and 6 months? Is something wrong in the law itself or was it a incorrect judgment? This paper tries to analyze the issues by re-examine the content of indigenous hunting rights embedded in the two Human Rights Covenants. In result, this paper finds that the court made a incorrect judgment due to its limited acknowledgement about the two Human Rights Covenants, the concept of culture as well as the history of how indigenous peoples use shotgun.
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