关于完善台湾居民在大陆就业制度的法学思考

Legal Reflections on Improvement of Employment System for Taiwan Residents in China's Mainland

台湾居民来大陆就业的发展趋势,考验着大陆的相关就业法律制度.由于涉台关系敏感、地方立法机关不重视等原因,现有的相关立法存在数量少、内容不完备及地方立法缺乏创新性等不足.在海峡两岸关系逐渐缓和的背景下,国家应尽快补足现有立法的不足,并通过地方先行先试等方式充分发挥地方立法具有灵活性和针对性的优点,逐步完善台湾居民在大陆就业的法律制度.

The trend that Taiwan residents come to China's Mainland for employment is testing China's Mainland’s employment-related legal system.Because Taiwan-related relationship is sensitive and local legislature lacks attention,existing related legislation has some insufficiencies,such as small quantity of laws in this field,incompleteness of content and lack of innovation in local legislation.Under the background that cross-strait relations are becoming easing gradually,the China's Mainland should make up for the insufficiencies of existing legislation as soon as possible,and give full play to the advantages of flexibility and pertinence of local legislation by urging local government to start off and try in advance so as to gradually improve the employment system for Taiwan residents in China's Mainland.