The Comparative Study on Constitutional review of System between Taiwan and Mainland China: Analyzing from Five Administrative Frameworks

• Main Authors: Cheng Chang, 張震
• Other Authors: Shuai-Liang Deng
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/vu4jp6

博士 === 國立中山大學 === 中國與亞太區域研究所 === 106 === In the process of the constitutional development of various countries in modern times, the Constitution is the fundamental law of a country, the guarantee for the rights of the people, the general charter and blueprint for the construction of the country, and the purpose and ideal of establishing the nation. State agencies and organizations, the government''s power to operate, the people''s rights and obligations and other matters, can not be clearly defined and reflected through the constitution. It can be said that whether a country can maintain its long-term stability and prosper its country will depend on whether its constitution can be surely observed and practiced. Often, the constitution is often the result of ideals, purity and sanctity, which is the great result that the martyrs of the revolution in a country did without sacrificing their lives. Usually politics, in order to coordinate the interests and forces of all parties, often must be relocated to reality and compromise concessions. In order to ensure the constitutional politics (constitutional politics) of the hard work - the Constitution, not under the normal politics (by the government and interest groups deal with the result of the compromise - the law, the unlawful erosion, therefore, the constitutional system We must establish a review system of unconstitutionality in order to safeguard and defend the supremacy of the Constitution and prevent the erosion of the "common law" of "representative politics", which has transformed the purity, ideality and sanctity of the Constitution. Taiwan and the Mainland, however, have quite different constitutional systems since the partition of the sea for more than 60 years. However, although the two sides of the Taiwan Strait belong to different powers of governance and no matter what their future political reality is, Taiwan and the Mainland belong to the same genre and history. The relationship between culture, geography, international politics, economy and trade is too close. Taiwan and the Mainland are both hard-pressed to influence each other. Although the legal system in Taiwan and the Mainland has all followed the European continent, one is a political system based on the five-power constitution of the father-in-law, and the other is a political system that serves the dictatorship of the proletariat established by socialism. The system of judges in Taiwan''s Judicial Yuan is a judicial power, while the system of the All-China Congress in the Mainland is equivalent to that of the Western countries in terms of the legislative power. There are considerable differences between the two. However, at present, the vast majority of the research on unconstitutional review system in our country is directed at the application of the system or law in Taiwan as the research subject, and the monopoly on the examination of unconstitutional or judicial review in mainland China can be described as extremely rare. It is rare to see further the comparison of the constitutional review system of cross-Strait studies as the research topic. This article is based on this idea, which is based on the assumption of "comparative study on the system of examining the cross-Strait unconstitutionality" between Taiwan and the Mainland. Then with the five major administrative law as a research method, Taking the "unconstitutional review system" of both sides of the Taiwan Strait as the research center, We hope readers will have a clear idea and understanding of the past, present and future of the "constitutional review system" across the Taiwan Strait. The ultimate hope is that through the writing of this article, it can provide a good-idea for the constitutionality and development of the future cross-Strait affairs. It is hoped that the leaders on both sides of the strait can have a broad-minded attitude and think ，lay a solid foundation for the peaceful development and the happiness and human rights of the people of the two sides of the Taiwan Strait .