When Tribe Encounters Nation: Examining Judicial Verdicts on Indigenous People's Reservation Land from a Culture-Welfare Right Perspective

In the past, both indigenous social movements and the academia concerning indigenous rights seem to incline towards seeking the response from the legislative and administrative systems. However, since the occurrences of the "Movement of Fighting against Asia Cement Corporation" and other judicial cases in which indigenous people were involved, it has started to be realised that the judicial system plays a key role on how the society carries out the concept of multiculturalism. This article aims to extend the research field to the judicial system in Taiwan and takes a comprehensive view on the judicial controversies between tribes and nation over the land issues. This research emphasises on how the judicial system responds to the indigenous people reservation land controversies. The verdicts on indigenous people's reservation land include civil, criminal and administration cases. This study examines these verdicts from a "culture-welfare right" perspective, under which these verdicts will be intensely scrutinised not only on the policy level but on whether the judges possess multicultural ability.