本文整理出戰後省議員對於「違警罰法」的批評，修正過去研究認臺 灣人對「違警罰法」任其存在、不以為意的說法。民眾的不滿其實透過省 議員的代言而現身，議員們的批評內容儘管零碎未成系統，然而整理其言 論可以發現，內容其實與1970年代末期法學者的批判是相同的。但省議員 在質詢臺上的批判資源多來自戰前法律生活經驗，而不是外國學說或立法 例，日治時期的法律生活經驗、對司法權的認識，背後隱含了對人權保障 的憲政要求，戰後因為行憲，省議員進一步取得明確的憲法依據，強化批 判的正當性與力道。兩者匯集的結果，臺灣人並不會對違反憲法人權保障 規定的「違警罰法」不以為意，而且在憲政與人權保障的要求上，展現出 歷史經驗的延續性。

This article analyzes criticisms against the Act Governing the Punishment of Police Offences （hereinafter "the Act"） by members of the Taiwan Provincial Council in order to revise existing literature that the Taiwanese people were unmindful of, or indifferent to the Act. Civilian discontent was channeled through the presentation of members of the Taiwan Provincial Council. Though these criticisms are fragmentary and unsystematic, a thorough analysis shows that they are in line with the criticisms offered by the jurisprudents in the late 1970s. Nevertheless, materials of criticism offered by council members who stood behind the podium were mostly based on local living experience before WWII, instead of foreign legal theory or legislative cases. On the other hand, legal experience in daily life under Japanese rule and understanding of jurisdiction connoted the demand for human rights protection under constitutionalism. After WWII, due to the implementation of the Constitution, the legitimacy and effi cacy of members of the Taiwan Provincial Council were strengthened as their authority had been rooted in the Constitution. As a result, the Taiwanese people were not unmindful of the Act, which offended human rights protected by the Constitution. Instead, the Taiwanese people illustrate continuity in historical experience by demanding constitutionalism and the protection of human rights.

臺灣省議會；違警罰法；臺灣法律史；人身自由；違憲

Taiwan Provincial Council；Act of Governing the Punishment of Police Offences；Taiwan legal history；physical liberty；violation of the Constitution