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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/113774

    Title: 大陸配偶與外籍配偶居留權益之比較
    Other Titles: Resident rights of immigrant spouses in Taiwan : comparison between those holding chinese passports and those holding other foreign passports
    Authors: 謝湘雲;Hsieh, Hsiang-Yun
    Contributors: 淡江大學亞洲研究所碩士在職專班
    蔡青龍;Tsay, Ching-Lung
    Keywords: Chinese Spouses;Foreign spouses;Human Rights;Immigration Act;Resident Rights;人權;入出國及移民法;大陸配偶;外籍配偶;居留權;臺灣地區與大陸地區人民關係條例;Regulations Governing the Relations between the People of the Taiwan Area and the People of the Mainland China Area
    Date: 2017
    Issue Date: 2018-08-03 14:30:54 (UTC+8)
    Abstract: 我國於2009年3月31日通過公民與政治權利公約及經濟社會文化權利公約施行法,該法揭示各級政府機關應依兩公約規定之內容,檢討所主管之法令及行政措施,有不符兩公約規定者,應於本法施行後2年內,完成法令之制(訂)定、修正或廢止及行政措施之改進。隨著我國經濟發展,外來人口日增,大陸籍與外籍配偶在臺居留人數已超過50萬,惟渠等權益是否受到應有的保障,並符合上揭兩公約及施行法之相關規定,是本文關心之課題。
    The Law on the Enforcement of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights was approved on March 31, 2009, which will make the covenants legally binding in Taiwan. Under the Law, government agencies at all levels must conform to the human rights guarantees of the two covenants by examining and amending or abolishing laws and regulations which violate the covenants within 2 years. Increase of foreign population comes with development of our economics, citizens’ spouses currently holding resident permit in Taiwan are approximately over half million. This research focused on the issue about the society’s doubts about whether their resident rights are equally protected.
    The research tried to, based on the concepts of human rights revealed in international laws, compare contemporary resident rules and regulations for our citizens’ spouses holding Chinese passports to those for other foreign spouses in various dimension, in order to shed light on some hidden and potential differences or even dissymmetry. The research further studied common cases of appeals made by those two groups, in order to examine whether differences in current regulations and rules are reasonable, and to clarify whether there are potential infringement of human rights. And interview were also taken to further reflect the society’s attitudes toward this issue.
    In conclusion, the research provided proposals and advices for future amendment of related policies and regulations, in hope that the rights of the spouses holding resident permits can be strengthened and promoted in accordance with the two covenants.
    Appears in Collections:[Graduate Institute of Asian Studies] Thesis

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