法理结构的改变与台湾当局的两岸经贸立法

The Change of the Juristic Structure and the Cross-Strait Economic & Trade Legislation of the Taiwan Authority

1949年以来,随着岛内政经局势的变迁,台湾当局两岸关系的法理结构经历了由绝对主观主义向相对主观主义的嬗变,两岸经贸交流也由“法律上的不可能”渐次演化为“法律上的混乱脱序”、“有限制的法律上的可能”,并因此而从无到有、从小到大迅速发展起来。现阶段,台湾当局只有尽快回归“九二共识”架构,在“单独关税区”的自我定位下,才能找到两岸对话的法律语境。

Since 1949, with the development of political and economic situations on the island, the juristic structure of cross-strait relations of the Taiwan Residents authorities has undergone a transfomiation from absolute subjectivism to relative objectivism; as a consequent, economic and trade exchanges across the Taiwan Straits have also gradually shifted from 'being legally impossible' to 'being legally chaotic and disorderly' and 'legal possible with restrictions' and have therefore experienced rapid and robust growth from nothing to have a considerable volume now on tremendously increased scale. At the current stage, the Taiwan Residents authorities must revert to the '1992 Consensus' framework as soon as possible in order to identify the legal context for cross-Strait dialogue under the self-positioning of 'an independent tariff zone'.