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As the promulgating of The Indigenous Peoples Basic Law in 2005 and the passing of the draft of Indigenous People Autonomy law in 2010, the indigenous people will be able to develop in various ways such as economy, life, and culture through establishing regions of autonomy or legalizing the concrete content of the right to traditional territory of indigenous people. The common management mechanism has been utilized in many foreign countries for years; however, the legislative protection of indigenous people in our country is inferior to many advanced countries such as New Zealand, Australia, America, and Canada. With a view to catching up with the international trend of protecting rights of indigenous people , Article 22 of The Indigenous Peoples Basic Law is designed with the common management mechanism, which demands the government to “obtain consent from the locally affected indigenous peoples and formulate a common management mechanism before establishing national parks, national scenery, forest district, ecological protection zone, recreation zone and other resource management institutions.” Notwithstanding, the tribes which proceed common management mechanism are rare in practice. Besides, conflicts between the resolution of common management mechanism committee in our country and related prohibitions of resource-conservative regulations are still unsolved, which leads to the malfunction of common management mechanism committee and the judgments which deem the behaviors such as hunting, mining, collecting forest products or forest by-products of indigenous people as illegal. Therefore, this thesis, at first, discusses the occurrence of “the Indigenous Land Movement” and the deprivation of indigenous lands by former governments through historical shifting of the right to lands of indigenous people. Second, the thesis analyzes judicial opinions toward related rights to traditional territory of indigenous people. Third, the thesis analyzes the incidents of Knkreyan Tribe and Makudaai Tribe in Hualien with the combination of interview records and the incidents, which clarifies the whole thing from the beginning to the end, understand the needs of local indigenous people and examine existed problems. Last but not least, the thesis provides the legislative and governmental strategies with suggestions via combining of the problems and interview records.
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