The Cross-Strait between Taiwan Area and Mainland Area has been ruled separately for over five decades since 1949 after losing the Chinese mainland as a result of the Chinese Civil War (1947), the ROC government under the Kuomingtang (KMT) relocated to Taiwan. After long time of separated ruling of Cross-Strait, there are major differences in political system, government decision, legal system and style of social society. And also the end of martial law was declared by the government in July 15 of 1987. In the same year of November 2, it was also allowed visits to relatives on the mainland. In 1992, the government allowed Chinese spouses to settle down in Taiwan. And Taiwan has implemented the enforcement rules for the Act Governing relations between peoples of the Taiwan area and the Mainland area and its articles which will be the legal base among the people of Taiwan and mainland China for their social interactions.
Prior to Taiwan government allowing its nationals to travel to China, people of China area have been smuggling to Taiwan to work and prostitute for a long time. Early, people of China area who smuggled to Taiwan working and prostitution were arranged by ¡§snakeheads¡¨ or people smugglers, using the fishing boats by sea route to enter Taiwan, then prostituted agency or middle man will control and arrange them to do work and prostitute. Because of the high risk that is involved in smuggling, Chinese nationals seem to favor other means of entering the country. Since the government opened private exchanges between the two sides of Taiwan Strait, based on the ¡§Regulations for Permitting the Spouse Residency; Long Duration of Stay, and Permanent Residence of Mainland People in the Taiwan Area¡¨, the spouse who is from Mainland Area applying for family reunion or family visit is quite easy to get a permit, that provides a great opportunity for the snakeheads. The snakeheads and people smugglers are using the legal reason to help the People of Mainland Area entering Taiwan Area illegally. It also creates corrupted police problems and affects seriously on the public security and safety of the Country.
This study aims to discuss how to prevent and regulate Chinese citizens trying to enter Taiwan with fake marriage.The research approach of the study is while Chinese citizen of faked marriage in Taiwan, Chinese female who has disregarding the regulations of the relations of Cross-Strait and performing or working the non-permitted criminal activities. Using the police agency prevent and regulate the Chinese citizens of faked marriage to come to Taiwan as an issue boundary. The research purpose: Reviewing since 1990 the Cross-Strait marriage has begun, under
established the legal system of the governing law and governing structures, the current situation of prevention and regulation of legal system for the problem of faked marriage of Chinese citizens, truly understating the practical structure of prevention and regulation system. Making sure we have fully understood the current situation of prevention and regulation system and concerning the thoughts of governing management and those directly involved party to discover the existed issues of related legal structures, andmaking legislation to regulate and solve the problems of Chinese citizens getting faked marriage to enter to Taiwan. Also using the structure of the Governing law with 5 major points¡V Theory, Organization, Authority, Relief and Supervisor, we expect to establish a completed legal system of prevention and regulation focusing on ¡§People of Mainland Area fake-marriage to enter to Taiwan problem¡¨.
| Identifer | oai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0823106-233346 |
| Date | 23 August 2006 |
| Creators | Lin, Qing-Jiang |
| Contributors | none, none, none |
| Publisher | NSYSU |
| Source Sets | NSYSU Electronic Thesis and Dissertation Archive |
| Language | Cholon |
| Detected Language | English |
| Type | text |
| Format | application/pdf |
| Source | http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0823106-233346 |
| Rights | not_available, Copyright information available at source archive |
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