碩士 / 南臺科技大學 / 財經法律研究所 / 103 / Since 1992, cross-strait economic and trade exchanges mostly follow the legal framework, “Act Governing Relations between the People of the Taiwan Area and the Mainland Area,” and as a specification for a variety of administrative, civil, criminal and other cross-strait economic and trade exchanges derived.
However, “ Act Governing Relations between the People of the Taiwan Area and the Mainland Area” for our government and across a variety of written agreements or treaties signed, but only a few provisions (Article 4-3,4-4,5-1,5-2 article) do for procedural norms, with the two sides signed agreements authorizing provisions (4-2), the executive branch to decide whether Legislative Yuan virtually any post-supervision mechanism (Article 5) applies, so quite simple legal framework, often leading to frequent administrative departments –black box, and the people or their elected representatives have no way to supervise and effectively control.
Since 2002, Taiwan joined the WTO, in 2012 after the signing of ECFA, until this year (2014) raised the question of “Cross-Strait Service Trade Agreement” serving 318 students occupied the Executive Yuan action (Sunflower Student Movement), thanks to the impact of the movement, prompting people have a deeper concern and doubts to “Cross-Strait Service Trade Agreement”. Ruling party in order to respond to the appeal for supervising the legislation which is the main goal of the movement, President Ma instructed Mainland Affairs Council immediately to draw up the draft of “Oversight Act for Agreements Between the Taiwan Area and the Mainland Area” which was proposed by Executive Yuan and passed by the conference of Executive Yuan. As the relevant legislative process has aroused widespread concern currently, excepting the draft of proposing by Executive Yuan, there still are other seven version drafts were put together to be reviewed, leading to the “Oversight Act for Agreements Between the Taiwan Area and the Mainland Area” drafts explosion event.
This thesis will review more than two decades history of cross-strait economic and trade exchanges , and collects drafts of “Oversight Act for Agreements Between the Taiwan Area and the Mainland Area” which are on Legislative Yuan processing reviewing ( there are eight versions currently) , then comparing all versions and analyzing their characteristics.
| Identifer | oai:union.ndltd.org:TW/103STUT8308004 |
| Date | January 1900 |
| Creators | Huang, Cong-Jie, 黃琮傑 |
| Contributors | 羅承宗 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 150 |
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