博士 / 中國文化大學 / 中山與中國大陸研究所中山學術組 / 100 / Since 1949, Cross-Strait relations had always been a major concerned issue of many; its every action had great impacts over pacific nations, as well as affecting stability in southeast Asia countries. The tension then led to military actions; began on August 23, 1958. Taiwan and China engaged in a long period of artillery bombardment of Kinmen and Xiamen, and ended on January 1, 1979. The tension began to thaw when National People's Congress (NPC) Standing Committee issued a "Message to Compatriots in Taiwan" and Taiwan allowed its people to visit relatives in mainland China starting on November 2, 1987, further allowing non-governmental exchanges. On November 3, 1987, swarms of Taiwanese visited their relatives in China, and ended the long period of isolation across the strait. Chun-Chuan Chou, who was originally from Changzhou, was the first Taiwanese to acquire a Chinese visa. On November 9, 1988, Taiwan conditionally allowed Chinese citizens to visit relatives in Taiwan and attend funerals. In May, 1989, the State Council of China established the Taiwanese Investment Zone. On June 10, 1992, Taiwan allowed Chinese industrial products to enter Taiwan, and on October 24 of the same year Taiwan allowed the first batch of 158 service industries to make investments in China. Following the interactions between people across the strait, legal issues were inevitable, such as when Taiwanese businessmen brought along their family to China, many marital issues emerged, and vice versa. For example, J.Y. Interpretation NO. 242 explained Teng Yuan-Chen's divorce lawsuit as such, and other matters include having illegitimate children with the mistress.
Under the adoption of One Country, Two Systems policy, after the Transfer of sovereignty over Hong Kong and Macau, those two areas became the Special Administrative Region of China. The interactions between Taiwan, Hong Kong, and Macau were under the “Laws and Regulations Regarding Hong Kong & Macao Affairs (announced by the President on April 2, 1997)”, not the “Act Governing Relations Between The People Of The Taiwan Area And The Mainland Area (Regulations across strait)”. Since there are two legislation systems, they are conflicted. For example, should the “Laws and Regulations Regarding Hong Kong & Macao Affairs” or “Regulations across strait” be enforced when people from across the strait get married in Hong Kong or Macau? Or which is better suitable to apply, “lex loci delicti conmmissi” or “Law of the Place of Damages”, when citizens from Taiwan or Hong Kong engaged infringement in China? Those two regulations have different rules; Regulations across strait adopted interregional conflict laws, and Laws and Regulations Regarding Hong Kong & Macao Affairs adopted analogy application of Law Governing the Application of Laws to Civil Matters Involving Foreign Elements. In theory, they are not inefficient, it would be better to modify to Applicable Mutatis Mutandis of Law Governing the Application of Laws to Civil Matters Involving Foreign Elements, and between Taiwan-Hong Kong and Taiwan-Macau, it would be more reasonable to use One Country, Several Legislations. Outer Mongolia was not suitable for those regulations because it announced independent before the establishment of constitution, and protected by the “Sino-Soviet Treaty of Friendship and Alliance.” Its independence was recognized on February 13, 1946, and in 1947, Constitution Article 4 stated that “Outer Mongolia posses territories”, and even though “Sino-Soviet Treaty of Friendship and Alliance” was repealed on February 23, 1953, yet according to International Law, unless Outer Mongolia was eliminated, it would stay independent and be recognized as so. Before the amendment of Act 3, Article 4 on January 30, 2002, it was stated that Outer Mongolia still belonged to Chinese territories. (the act now excluded Outer Mongolia) J.Y. Interpretation NO. 328 that the amendment wasn't unconstitutional, yet Outer Mongolia was indeed an independent country.
The present paper focus on “Legal Issues on Parents-Children Relationship Exist between Taiwan and Mainland China,” and by using the methods of data gathering, analyzing, and comparing to discuss parent-child legal issues after Cross-Strait interactions, and to have a better understanding on children of Taiwanese and Chinese parents, their right for education, adoption, to foster, family relationships, custody, Maintenance, and inheritance, while discussing on the mutual acknowledgment and execution of civil verdict, and solutions to legal issues of Cross-Strait parents and their children, in hopes to make contributions on bettering communications across the strait.
| Identifer | oai:union.ndltd.org:TW/100PCCU0043014 |
| Date | January 2012 |
| Creators | Chien,Ping-Tsun, 錢炳村 |
| Contributors | Kao, Huei, 高輝 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 300 |
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