本文認為日本殖民統治當局，雖在法律形式上維持現代國家由法院獨享司法審判權，但實質上以廳長民事爭訟調停制度，保留了清治時期廳縣官可不依律例為裁斷的紛爭解決方式。當時的臺灣人民則併用地方行政官的調解與法院內訴訟程序，解決其民事紛爭，顯現出延續傳統，亦接納現代的態度。戰後法制上雖已無地方行政官調解，但威權國家仍繼續提供且強化民事調解制度，民主化後更以新的理由予以正當化。於今固然可對於地方頭人調處及廳縣官聽訟等「古蹟」活化為現代調解制度，但關於民事紛爭解決機制的立法政策上還有另一個選項：增加司法投資，提供更有效能的法院訴訟，而非僅僅強化調解。

Taiwan is an island with rich marine resources. As early as the sixteenth century, Han Chinese had followed schools of mullet to the western coast of Taiwan; some stayed, reclaiming land and forming the earliest Chinese settlements. Research of Nakamura Takashi and Ts’ao Yung-ho indicated that under the rule of the Dutch East India Company, marine products were frequently exported and constituted one of the major exports of Taiwan. During the early Qing era, shark fin from Taiwan remained an important export item to Jiangsu and Zhejiang Provinces. However, by late Qing, export of marine products from Taiwan had become insignificant; instead, large quantities of salted fish and other marine products were imported. Under Qing rule, trade between Taiwan and the economic zone in southeastern mainland China involved mainly Taiwan exporting agricultural products in exchange for handicrafts from across the Strait. Hence, the agricultural sector in Taiwan was export-oriented while the fishing industry shifted to be import-oriented; revealing two distinct development trajectories. With reference to primary historical materials, this paper reconstructed the shift in trade orientation and accounted for such change from the perspectives of consumption and production in marine product market of Taiwan.

舊慣;調解;轉譯;聽訟;法院;紛爭解決;審判;傳統;現代

Fishing Industry; Salted Fish; Shark Fin; Imported Products; Division of Labor in Regional Trade; Globalization; North-south Regional Difference