地方涉台专项立法比较与评析——兼议对福建省涉台立法的启示

Comparison and Analysis on Local Taiwan-related Special Legislation:on Inspiration for Taiwan-related Legislation in Fujian Province

地方涉台专项立法具有数量偏少、调整社会关系相对单一,以实施性立法为主、以创制性立法为辅和立法技术在提高,但仍很不完善等共同性特征;同时也有区域性特征。之所以出现这些特点,主要是因为立法权限的模糊、上位法的缺失、地方涉台立法时机成熟与把握的差异等。对福建省而言,涉台专项立法必须加强,其涉台专项立法需重视立法的时机及重点等问题。

Local Taiwan-related legislation has some common characteristics including less number, relatively unitary social relations adjusted, taking implementation of the legislation as the principle thing, taking created legislation as supplemented, the legislative technology improving while still being imperfect. Those reasons for these are that legislative authority is vague, higher-level laws is lack, there are difference between the ripe legislative time and its grasp. For Fujian Province, Taiwan-related special legislation must be strengthened and need to pay attention to the timing and focus of the legislation.