March 16, 2007
wangpingyun
在天空部落發表於17:43:49 |
汪平雲紀念文集
鼓勵此網誌：0
Bo Tedards 唐博偉│台灣民主基金會
2002年我認識平雲，因為當時在編撰行政院「國家人權政策白皮書」的英文版，後來在草擬「人權法」的過程中，和平雲變得更熟絡。在人權保障基本法研擬諮詢小組中，他一直是論述最清楚的一位，當小組邀請International Commission of Justice之國際專家來協助時，他也是最主要的窗口。
由於這些互動，我了解平雲堅持為法律最根本的精神獻身：即法律是正義之盾，是為了保護人民。平雲從未把法律只當作一個解決爭議的機制，更不可能視它為政治工具。因此，我對有人描述他為「綠營律師」並不認同；在我看來，平雲的一切努力是為全體人民及國家，尤其是為憲法與法律制度的健康發展，而非為特定政黨或政治人物。 為了達成使命，平雲不但發揮其超強的智力，也展現不知疲勞為何物的工作態度。每次看到他，他身上同時有好幾個案子，而且一個比一個重大！平雲一個特別令人欣賞之處，就是不論壓力或挫折感多大（主要是他認為改革的速度不夠快），卻從來未拿身邊人出氣。 今年二月初是我最後看到平雲的機會，他約我吃午餐，想要告訴我「人權法」的最新發展（要納入修憲版本為人權憲章）。另外，分享了兩條他特別著力的法案：「公民與政治權利國際公約及經濟社會文化權利國際公約施行法」以及「難民法」。他說，在許多尚未完成的「人權建設」方案中，他希望至少這兩條今年可以通過。 我很幸運，那天平雲剛好比較有空，我們可以聊得久一點。因為每次跟他談話都好像去一趟「腦筋健身房」，受益無窮！在眾多話題中，也有關於國務機要費釋憲案的辯論。我當然輸了（怎麼能贏過那麼聰明的人呢！），但我再次認知到他對憲法的強烈愛護，感覺上他不計一切要保護它。 我認為紀念平雲最適當的方式，是努力完成他所期待的改革工程。特別是，若能夠儘速立法通過他已草擬完的「國際公約施行法」以及「難民法」，想必這會讓平雲深感欣慰。 當然他不會僅滿足於此，如果還有機會，他一定會持續為他理想的法治國度奮鬥。為了紀念平雲，我們也應該如此做。
I first met Ping-yun in 2002, while preparing the English translation of the Executive Yuan's "White Paper on Human Rights." Our friendship blossomed as we worked together on the Human Rights Act drafting process. His was the clearest voice in a grueling set of meetings of the drafting subcommittee set up under the Executive Yuan Human Rights Promotion Committee, and he was the most important counterpart for the team of international experts we brought in from the International Commission of Jurists. From these experiences, I learned how dedicated he was to the true calling of the law – that it should be an effective shield to protect the people against justice. He never thought of it as merely a mechanism for resolving disputes, much less as a political tool. In that sense, it is unfortunate that he was sometimes described as a "green camp lawyer": as far as I saw, everything he did was for the good of the whole country, especially for the institutions of the law itself, starting with the Constitution, and not for a particular party or politician. He carried out his mission with the full power of his intellect, as well as with tireless efforts – indeed, he was perpetually overworked, constantly busy with a bewildering array of projects, each one of major national significance! One of the most amazing things about Ping-yun was that, despite this crushing workload, he was always very considerate of others, never complaining or taking out his stress or frustrations (and many there were, since the pace of the major reforms he was working on was never fast enough) on the people around him. I last saw Ping-yun a couple of weeks before he passed away, when we had lunch together. The original purpose of meeting is that he wanted to tell me about the latest developments with the Human Rights Act (to be transformed into the human rights section of the new Constitution), and to share the news about two new pieces of legislation: the implementing act for the International Bill of Rights (the two Covenants still awaiting ratification in the Legislative Yuan), as well as the draft Refugee Law. He said he hoped very much that, among the various human rights "infrastructure projects" not yet completed, at least these two laws could be passed this year. Luckily for me, he had some time that day, and we ended up having a wide-ranging discussion on a range of issues. We got into a debate about the constitutional interpretation for the "state affairs fund" case. Of course I lost the argument on legal grounds – being up against one of the brightest legal minds in the country! – but I saw again how he was acting in defense of the Constitution itself, that he felt compelled to do so. I think the most appropriate way to commemorate Ping-yun is to redouble our efforts to complete his work, to achieve some of the major reforms he was planning. In particular, he would be pleased if we could get the ratification of the International Bill of Rights and its implementation act, as well as the Refugee Law, enacted this year. Of course, he wouldn't have been satisfied with that alone, he would always have kept striving towards the ideal state of the rule of law. We can honor his memory best by doing the same.
本文刊登於2007/3/14，Taipei Times
2002年我認識平雲，因為當時在編撰行政院「國家人權政策白皮書」的英文版，後來在草擬「人權法」的過程中，和平雲變得更熟絡。在人權保障基本法研擬諮詢小組中，他一直是論述最清楚的一位，當小組邀請International Commission of Justice之國際專家來協助時，他也是最主要的窗口。
由於這些互動，我了解平雲堅持為法律最根本的精神獻身：即法律是正義之盾，是為了保護人民。平雲從未把法律只當作一個解決爭議的機制，更不可能視它為政治工具。因此，我對有人描述他為「綠營律師」並不認同；在我看來，平雲的一切努力是為全體人民及國家，尤其是為憲法與法律制度的健康發展，而非為特定政黨或政治人物。 為了達成使命，平雲不但發揮其超強的智力，也展現不知疲勞為何物的工作態度。每次看到他，他身上同時有好幾個案子，而且一個比一個重大！平雲一個特別令人欣賞之處，就是不論壓力或挫折感多大（主要是他認為改革的速度不夠快），卻從來未拿身邊人出氣。 今年二月初是我最後看到平雲的機會，他約我吃午餐，想要告訴我「人權法」的最新發展（要納入修憲版本為人權憲章）。另外，分享了兩條他特別著力的法案：「公民與政治權利國際公約及經濟社會文化權利國際公約施行法」以及「難民法」。他說，在許多尚未完成的「人權建設」方案中，他希望至少這兩條今年可以通過。 我很幸運，那天平雲剛好比較有空，我們可以聊得久一點。因為每次跟他談話都好像去一趟「腦筋健身房」，受益無窮！在眾多話題中，也有關於國務機要費釋憲案的辯論。我當然輸了（怎麼能贏過那麼聰明的人呢！），但我再次認知到他對憲法的強烈愛護，感覺上他不計一切要保護它。 我認為紀念平雲最適當的方式，是努力完成他所期待的改革工程。特別是，若能夠儘速立法通過他已草擬完的「國際公約施行法」以及「難民法」，想必這會讓平雲深感欣慰。 當然他不會僅滿足於此，如果還有機會，他一定會持續為他理想的法治國度奮鬥。為了紀念平雲，我們也應該如此做。
I first met Ping-yun in 2002, while preparing the English translation of the Executive Yuan's "White Paper on Human Rights." Our friendship blossomed as we worked together on the Human Rights Act drafting process. His was the clearest voice in a grueling set of meetings of the drafting subcommittee set up under the Executive Yuan Human Rights Promotion Committee, and he was the most important counterpart for the team of international experts we brought in from the International Commission of Jurists. From these experiences, I learned how dedicated he was to the true calling of the law – that it should be an effective shield to protect the people against justice. He never thought of it as merely a mechanism for resolving disputes, much less as a political tool. In that sense, it is unfortunate that he was sometimes described as a "green camp lawyer": as far as I saw, everything he did was for the good of the whole country, especially for the institutions of the law itself, starting with the Constitution, and not for a particular party or politician. He carried out his mission with the full power of his intellect, as well as with tireless efforts – indeed, he was perpetually overworked, constantly busy with a bewildering array of projects, each one of major national significance! One of the most amazing things about Ping-yun was that, despite this crushing workload, he was always very considerate of others, never complaining or taking out his stress or frustrations (and many there were, since the pace of the major reforms he was working on was never fast enough) on the people around him. I last saw Ping-yun a couple of weeks before he passed away, when we had lunch together. The original purpose of meeting is that he wanted to tell me about the latest developments with the Human Rights Act (to be transformed into the human rights section of the new Constitution), and to share the news about two new pieces of legislation: the implementing act for the International Bill of Rights (the two Covenants still awaiting ratification in the Legislative Yuan), as well as the draft Refugee Law. He said he hoped very much that, among the various human rights "infrastructure projects" not yet completed, at least these two laws could be passed this year. Luckily for me, he had some time that day, and we ended up having a wide-ranging discussion on a range of issues. We got into a debate about the constitutional interpretation for the "state affairs fund" case. Of course I lost the argument on legal grounds – being up against one of the brightest legal minds in the country! – but I saw again how he was acting in defense of the Constitution itself, that he felt compelled to do so. I think the most appropriate way to commemorate Ping-yun is to redouble our efforts to complete his work, to achieve some of the major reforms he was planning. In particular, he would be pleased if we could get the ratification of the International Bill of Rights and its implementation act, as well as the Refugee Law, enacted this year. Of course, he wouldn't have been satisfied with that alone, he would always have kept striving towards the ideal state of the rule of law. We can honor his memory best by doing the same.
本文刊登於2007/3/14，Taipei Times
