新兴民主政体的转型正义难题

Problems in Transitional Justice of the Emerging Regimes

转型正义是指刚经历民主转型的政体如何处理转型前威权或独裁政府的不正义行为。转型正义在理论上的正当性显而易见,在实践过程中的局限性亦相当明显。对新兴民主政体来说,能否在全社会培育出一种宽容精神,将转型正义限制在理性对待历史、以建设性的态度和民主的方式来求得制度正义的层面,将深刻地影响其民主化进程。

Transitional justice refers to the dealing with the authoritarian injustice by the regimes not long after their democratization. In theory, transitional justice has its own evident legitimacy; however, in practice, its hmitations are obvious. The democratization of the emerging regimes is deeply affected by their efforts in cuhivating social tolerance, limiting the justice to rationally understanding history and seeking institutional justice constructively and democratically.