英文摘要
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Taiwan's aborigines derive from the Austronesian culture, There are many differences between them and the Chinese on Taiwan such as traditional cultures, living customs, social norms and Political systems, etc. However, Taiwan's aborigines number merely almost 500,000 people, so it is difficult for them to challenge the Chinese majority, thus, they have gradually lost their own native cultures. In order to reinstate traditional culture, Taiwan's aborigines have conducted a series of traditional right movements. In particular, when they face the national legal infrastructure of the Republic of China on Taiwan, they hope that judicial proceedings will protect their traditional rights by the establishment of an exclusively aboriginal exclusive court or tribunal. But jurisdiction is the appearance of national sovereignty, so those things which belong to national sovereignty are suitable for use in the same legal infrastructure. If the traditional habits of the Taiwan aborigines are not brought into the current legal infrastructure, when there is a conflict between the national legal infrastructure and the traditional legal standard, this will have to be judged by the national legal infrastructure within the court. Both the substance and the procedures of the present legal infrastructure have failed to protect the traditional rights of the Taiwan aborigines. So could the establishment of an exclusively aboriginal court or tribunal protect traditional indigenous rights?
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