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A common phenomenon in the legal development of Taiwan's aboriginal people is that the original cultural norms are intervened by the government to change the inherent legal system, and they are forced to go through a common process of learning, absorbing foreign legal culture, and transforming and abandoning the existing legal culture. Drinking behavior has always been one of the issues worthy of attention in the life of the aboriginal people. With the development of society and the change of the aboriginal people's lifestyle, the consumption of alcohol and the prevalence of alcohol addiction are still increasing, which also affects the aboriginal families and even harms and their financial status and education of the aboriginal people. It’s all related to the drinking behavior of the aboriginal people. Drinking culture is a habit of aboriginal people to celebrate festivals. When they gather to chat, they drink . Drinking during sacrifices and festivals is to enhance interpersonal relationships. Some aboriginal people regard drinking as a part of life, and become a leisure and a hobby,which leads to alcoholism, causing many problems. Although the imposing penalties by the state's public power (criminal justice) to deal with crimes has a long history, and its legitimacy has also been firmly believed by the government and the people, the state has invested a lot of manpower and resources to meet the needs of fighting crimes , not only crowding out national construction and social welfare, but also may not have a good prevention effect. Also, it also makes the victims feel indifferent and alienated from criminal justice. The legal situation of indigenous peoples is that their traditional norms are not recognized by the national judiciary, and Taiwan doesn’t have laws exclusively for indigenous peoples, nor legal institutions and rights. Aboriginal people stand in alien courts far away from tribes, before the police and judges who lack multiculturalism. There is no good interpretation and system, and they have to resign themselves to fate. Therefore, for the aboriginal people to prevent drinking and driving, in addition to the continuous publicity of the government and the police and other relevant departments, such as the tribal sports meeting, the village (local) public security meeting and the tribal harvest festival, etc., the most fundamental focus is on the popularization of education to abide the law through school education. I believe that the problem of aboriginal drunk driving crime will be greatly reduced. This study uses the MukuMugi incident and the Asian Cement Corp mud mining issue as a model. It is still necessary to abide by the connotation of the Basic Law of the Indigenous Peoples. For example, if the police enter the aboriginal traditional territory to enforce major traffic violations, they should include the procedure of consultation and consent of the aboriginal people before entering and setting up a temporary checkpoint to enforce the prohibition of alcoholic driving. It is a sign that a country under the rule of law respects judicial judgments. It is also recommended that the Ministry of the Interior makes rolling amendments to the relevant principles on this issue, which is in line with the structure of a pluralistic society. In addition, for aboriginal people who are simply drinking and driving, except for major accident cases, the aboriginal people's court should be appointed to deal with aboriginal people's drink-driving incidents, or aboriginal people's courts should be established in the same way as other countries. After accumulating a considerable number of practical cases and experienced judicial officers, the court can be upgraded from an aboriginal professional court to an aboriginal court. Police officers may be able to ban and report instead of persuading law enforcement on the industrial road. I believe it will be recognized by the majority of the public. , to enhance the trust of police-civilian cooperation, which is worthy of deep consideration by the government and judicial units.
Key words:the aboriginal,drunk driving,Mukumugi,Asia Cement Corporation,restorative justice
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