| Summary: | 碩士 === 銘傳大學 === 社會與安全管理學系兩岸關係與安全管理碩士在職專班 === 105 === The thesis adopts Literature review method, comparative research and historical research to explore ” the related evolution of detention system for the illegal people of the Mainland Area in Taiwan before the J.Y. Interpretation No.710”,” the related international and regional human rights conventions and detention system of Germany, Japan and the United States”,” the impact of the J.Y. Interpretation No.710 and the government's responses to it”, ” the new detention system for the illegal people of the Mainland Area and attempt to find out the problem and make suggestions.” Hopefully, the future detention system for the illegal people of the Mainland Area can not only protect the human rights of the mainland people, but also take into account the administrative needs of the government for managing the mainland people's entry into and exit from Taiwan.
In this study, at least five problems of the current detention system were found, including
A. The maximum period of detention for mainland people is still longer than that for foreigners;
B. The maximum period of detention for mainland people can’t cope with Government needs for stowaways from Mainland China;
C. The evaluation mechanism of resettlement conditions remains deficient and the number of NGOs willing to be custodians is insufficient.
D. High proportion of voluntary departure referring to light administrative injunction;
E. The lack of normal legal mechanism of dealing with the problem of refugees.
The main recommendations for the detention system for the illegal people of the Mainland Area in Taiwan are:
A、Amend law synchronously and fairly to cope with special detention needs of all illegal aliens;
B、Amend law referring to Germany for special extensive detention system and The Communication Security and Surveillance Act ;
C. Assess the possibility of government subsidies to NGOs and gradually construct the evaluation mechanism of resettlement conditions;
D. Amend law referring to the Japan’s voluntary departure procedure and the United States’ approach of issuing a new visa to prevent from illegal stay in Taiwan ;
E. Other recommendations about making refugee law and cross - strait regulations.
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