“法理台独”理论根源之批判

Criticism of the Theoretical Source of"Jurisprudent Independence of Taiwan"

"法理台独"是在特殊的国际背景、两岸关系发展的特殊轨道以及台湾经历政治变迁的特殊时期发展起来的一种政治理念。学界普遍认为,"法理台独"的基础理论主要是"台湾地位未定论"、"台湾民族论"、"住民自决论"、"中国主权观念过时论"、"台湾命运共同体论"等。本文将"法理台独"的理论根源归纳为实体论、程序论和方法论,从根源上分析并批评"法理台独",击其要害、正本清源,从而寻求破解"法理台独"之道。

The emergence of Jurisprudent Independence of Taiwan is against the special international background, the special trail of the development of the relations between Taiwan Straits and the peculiar period during which Taiwan has experienced its political changes. Scholars, in a uniform way, think that the theoretical basis of Jurisprudent Independence of Taiwan is mainly the following arguments： the undetermined status of Taiwan, the theory of Taiwan nationality, the self- determination by the inhabitants, theories of the outdatedness of China＇ s sovereignty, theories about the commonwealth of Taiwan＇ s fate, and so on. This easy generalizes the theory of Jurisprudent Independence of Taiwan to its substantialism, its procedure and its methodology, aiming at the criticism of its theoretical sources, seeking for a real picture, so that we could reveal the fragility of the theory. Due to the limited space, its methodology is not to be discussed here.