Comparative Research on the Constitutional Reforms in the Cross Straits

• Main Authors: Yan-Shi Chen, 陳彥希
• Other Authors: Chao-Chien Chen
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/10020086188583912651

碩士 === 銘傳大學 === 公共事務學系碩士班 === 98 === The scope of this study was defined to be China’s bā èr xiànfǎ (constitutional amendment in 1982) and subsequent four undertakings of constitutional amendments, as well as the 7 undertakings of constitutional amendments since 1991. Also, by means of legal-institutional approach, through literature review and comparative research method, the different features and differences revealed by the constitutional reforms in the cross-straits were observed. Meanwhile, by the adoption of Political System Theory, the similarities and dissimilarities of the constitutional reforms in the cross straits were explored and compared, namely: through the input of political systems, the power for promoting constitutional reforms in the cross straits was explored; through the switching process of political systems, the process for incubating the constitutional reforms in the cross straits was explored; through the output of political systems, the article reviews of the constitutional reforms in the cross straits were explored; through the feedback of political systems, the reengineering of the constitutional reforms in the cross straits was explored. As for the research findings, the power for promoting constitutional reforms in the cross straits, the process for incubating the constitutional reforms in the cross straits, and the article reviews of the constitutional reforms in the cross straits were measured and explored through Comparative Analysis. In terms of the dimensions of constitutional government that the authorities of the cross straits incline to reform, the following explorations were performed respectively: In the aspect of China, carrying out the operation of constitutional amending procedures, the poor administrative effectiveness resulting from “the administration led by the party”, and the exploration of the issues concerning land reforms; in the aspect of Taiwan, the constitutional reform issue concerning derivative confrontation, the constitutional reform issue concerning negotiation and corporatism, and the reform ways other than constitutional amendment.