跨國離散與移民法制之對應－以臺灣地區無戶籍國民之返國居留為例

• Main Author: 陳煜勛
• Other Authors: 許義寶
• Format: Others
• Language: zh-TW
• Published: 1010
• Online Access: http://ndltd.ncl.edu.tw/handle/5pn6c8

碩士 === 中央警察大學 === 外事警察研究所 === 100 === With the advent of globalization, borders across nations become blurred, resulting in the phenomenon of deterritorialization. Many countries adopt free and open attitude and transnational communications become frequent. People, goods and financial merchandise flow through boundaries. The flourishing immigration hit is one type of globalization. Transnational migration, be it labor or marriage migration, is embedded in the context of flowing time and space. Specific nations and their people inter-migrate in the filed of flowing time and space, which, by the assistance of all transnational networks, will fashion the consequence of immigration. Therefore, when globalization breaks the geographical frontiers of nation states, the characteristic of modern society makes time and space meaningless. “Flowing time and space” becomes the key feature of modern society, bringing about the phenomenon of time-space compression. People will liberally migrate under the context of flowing time and space. Human migration can be deemed common social mobility due to the fast spread of global networks. It not only changes human distribution and remappimg of geographical boundaries, but incurs differences among social structures of sending and receiving countries. Since transnational migration is the trend of human development in the context of globalization, countries all over the world adopt corresponding immigration policies. Entry and exit control over transnational migration has become an imperative issue. Entry and exit regulations are attributed to national sovereignty, aiming at confirming the information of entry and exit, desisting external hazards, filtering the entry of specific foreigners, and safeguarding national security. In Taiwan’s entry and exit provisions, legislators divide people into nationals, foreigners, Mainland Chinese and stateless people. Nationals are further divided into nationals with registered permanent residence in the Taiwan area and nationals without registered permanent residence in the Taiwan area, latter of which is the core object of the study. In light of Immigration Act, nationals with registered permanent residence in the Taiwan area may enter Taiwan without application for permission. However, nationals without registered permanent residence in the Taiwan area who apply to National Immigration Agency for a visit may be granted within the time frame. If they apply for residence in the Taiwan area, they shall meet specific requirements or conditions. Provided that they have been granted residence and their original qualifications for residence remain unchanged after having continuously resided or having resided in the Taiwan area for a certain period of time, they are entitled to apply for permanent residence. Besides, they will also be forced to exit under the specific circumstances. The third article of the Constitution stipulates any individual who possesses the nationality of the Republic of China is inherently the citizens of the Republic of China. Due to the principle of equal membership, nationals without registered permanent residence in the Taiwan area shall enjoy the same right as nationals with registered permanent residence in the Taiwan area. However, nationals without registered permanent residence in the Taiwan area, with weak link with Taiwan, make no household registration in Taiwan and they are often treated as foreigners in legal practices. The restrictions of nationals without registered permanent residence in the Taiwan area result in the phenomenon of the secondary citizen, worthy of our exploration and analysis. Nationals without registered permanent residence in the Taiwan area are a particular group with multifarious types and subtypes, most of which are overseas Chinese. Still others are people who acquire and restore the nationality of the Republic of China, but they don’t make household registration in Taiwan. The emotional identification and the sense of belonging are the core of transnational diaspora and the restrictions of residence or other rights are the outcome of immigration policies and laws. Research on historical background and cultural features of nationals without registered permanent residence in the Taiwan area with transnational diasporic theories will be involved with global immigration and relative immigration laws. Therefore, the study explores how immigration laws regulate the residence of nationals without registered permanent residence in the Taiwan area in the context of transnational diaspora. Moreover, the study analyzes the necessities of amending immigration laws concerning the restriction of nationals without registered permanent residence in the Taiwan area.