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|Other Titles: ||The legal status and legislative oversight of the cross-strait agreements|
|Authors: ||洪秀鳳;Hung, Shiu-Feng|
|Keywords: ||兩岸協議;國會監督;國會審議;Cross-Strait Agreements;legislative supervision;legislative review|
|Issue Date: ||2012-06-21 06:50:31 (UTC+8)|
The allocation of administrative and legislative authorities on the cross-strait affairs is the radical issue which represents in the legal status and the legislative oversight of the cross-strait agreements. There is an urgent need to deal with the derivative disputes from signing the cross-strait agreements by deliberating the adequate approaches on the various aspects of the current regulation framework, such as the legal system and the practical implementation. Therefore, this thesis firstly aims to clarify the legal status of the cross-strait agreements. Secondly, it observes the interaction between administrative and legislative sectors, including the affairs for planning the cross-strait agreements, processing negotiations and signing the cross-strait agreements based on the current legal framework, as well as the level, approaches and the duration of participation of the Legislative Yuan. Third, the thesis analyzes and suggests the ways of interaction between the Administrative and Legislative Yuan in order to reduce the dispute.
This thesis is comprised of five chapters. Chapter One includes the research motivation and purpose, problem statement, as well as the research approaches, methods, framework, scope and limitations. Chapter Two is literature review that illustrates the concept of international treaties and cross-strait agreements, the theory of Convention on the Law of Treaties, the supervisory mechanism of constitutions in democratic countries toward treaty bills, etc. In Chapter Three, it explores the legal status of the cross-strait relationship, analyzes perspectives of the cross-strait agreements based on the framework of “the Act Governing Relations between the People of the Taiwan Area and the Mainland Area”, and discusses the possible directions for the cross-strait agreements which are regulated by the current laws in Taiwan. Chapter Four investigates the present situations how the Legislative Yuan has supervised the process of signing the cross-strait agreements. Chapter Five is the summary of above results which attempts to provide findings and suggestions, as well as to propose the possible and reasonable resolving model for the issue with high political sensitivity.
The two major conclusions in this thesis are as follows.
First, the argument of legal status generated from the Cross-Strait Agreements has still stayed in suspense. “Whether the Cross-strait Agreement can be applied to a treaty” is not interpreted in the Judicial Yuan Interpretation No. 329, that results in two review systems for international treaties and cross-strait agreements. Secondly, the legislative technology of specific laws is superior than the specific chapters which are contents in the cross-strait agreements and “the Act Governing Relations between the People of the Taiwan Area and the Mainland Area” to regulate the legislative supervision mechanism. Meanwhile, the ruling and opposing parties have reached consensuses on the law formation in the Legislative Yuan; therefore, it is necessary to develop the specific law for the legislative supervision mechanism on the cross-strait agreements.
|Appears in Collections:||[Graduate Institute of China Studies] Thesis|
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