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Research on Design of Institutions of Administrative Law on Cross-Strait Exchanges from the Management Point of View

Abstract
Cross-strait exchanges have become more frequent since Taiwan abolished the martial law on July 16th, 1987. At the same year, the restriction on family visit to China was deregulated on November 2nd. However, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area about protection of Mainland people¡¦s right is obviously incomplete. For instance, according to Article 95-3 of Act Governing Relations between the People of the Taiwan Area and The Mainland Area, the provisions of the Administrative Procedures Act shall not apply to the handling of the matters related to the dealings between the people of the Taiwan Area and the Mainland Area. The regulation really retarded the development of cross-strait exchanges. Besides, the researcher found out that the Act Governing Relations between the People of the Taiwan Area and the Mainland Area is not in accordance with the social¡¦s status in cross-strait exchanges. Therefore, the Act Governing Relations between the People of the Taiwan Area and the Mainland Area has to be regulated.
In this research, the author reviewed the regulations, mechanisms and social status in managing way on the basis of the five frameworks of administrative laws, including Basic Principle, Administrative Organization, Administrative Competence, Administrative Remedy and Administrative Supervision, and literature review, comparative analysis and historical induction. For the purpose of improving regulations of cross-strait exchanges, the researcher suggested that the Act Governing Relations between the People of the Taiwan Area and the Mainland Area should be re-legislated.

Identiferoai:union.ndltd.org:NSYSU/oai:NSYSU:etd-0209112-005815
Date09 February 2012
CreatorsHsia, Wen-Ching
ContributorsYang-Ching Yen, Xue -Liang Deng, I-Chan Kao
PublisherNSYSU
Source SetsNSYSU Electronic Thesis and Dissertation Archive
LanguageCholon
Detected LanguageEnglish
Typetext
Formatapplication/pdf
Sourcehttp://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0209112-005815
Rightsuser_define, Copyright information available at source archive

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