The impact of globalization and the increasingly close cross-strait exchanges has contributed to the heavy flow of people and foreigners at the borders, leading Taiwan into the trend of “the internationalization of population”. Since the government started the open cross-strait exchanges policy in November 1987. There have been more than 480 thousand transnational marriages so far in Taiwan, especially cross-strait marriages, amounting to 300 thousand. Accordingly, Marriage, the foundation of a family, shall be respected, be protected and refrain. From being violated within the field of basic human rights. In accordance with the item 3, article 16 of the Human Rights Convention：「1.Mature males and females have the rights to get married and have their own families without regarding their race, nationality or religion. In terms of marriage, males and females have equal rights to start or end this relationship. 2. The bond of marriage shall be based on the free wills of the couple. 3.Family is undoubtedly the basic group unit and shall be protected by our society and country.」The human rights of marriage immigrants shall be protected. All countries shall formulate feasible immigration policies and laws, considering natural resources, demographics as well as national security, social interests, and nationals’ well beings, to take care of their marriage immigrants and to cope with the possible re-distribution of social welfare caused by the “derivative immigrants” from martial/familial relationships.
This thesis focuses on Mainland Chinese spouses, the largest immigrant group among all marriage immigrants in Taiwan, In this marriage boom among immigrant. Due to having weak relationship before getting married, it may easily lead to unaccustomed to daily life. Some people then persuade mainland Chinese spouses to misuse their right of working, inhabitation and inheritance. Accordingly, sham marriage, overstaying a tourist (resident) visa, and illegal employment arise. Such huge influences on our society reveal the importance of how to reach the balance between open attitude and control. Moreover, opening visit to Taiwan and extending the stay for the relatives of mainland Chinese spouses result in their detention. All these related immigrant problems are coming into being; our government must face to problems.
Currently, Mainland Chinese spouses’ rights to work/employment, residency, family reunion and social welfare are much more improved. In certain aspects, they are more privileged than foreign spouses. This can be the benefit of positive development between the two sides of the Taiwan Strait. Nevertheless, Mainland China never gives up using force to resolve the Taiwan issue. The economies of the both sides of the Taiwan Strait not only depend on but also compete with each other. Explore the existing laws are found to have norms, however, its factors involving national security can not be ignored, and therefore on this issue, how to make regulations, organizations and practices National security comprehensive, in fact, pay the current cross-strait issues should concern the. This paper aims to national security from the perspective of human rights and equitable, the people in the region to discuss the current mainland and Taiwan to adapt to life in the stifling and omissions residency management, looking. Under such circumstances, Taiwanese government shall base its Mainland China policy and Mainland Chinese spouse policy upon the relations of the both sides, its natural resources, and the views of general public in Taiwan. The policy shall be tailored in consideration of the priority of nationals’ interests and rights as well as the development of human rights, in a gradual way to enhance Mainland Chinese spouses’ rights in Taiwan. As consequences, Mainland Chinese spouses can quickly adapt to Taiwan society, and their family can be accepted and respected with best wishes.