两岸和平协议的性质刍议

On the Nature of the Cross-Strait Peaceful Agreement

本文试图从宏观的角度对两岸和平协议的性质作出分析。两岸和平协议本质上是国内两个政治实体之间的协议,而不是国与国之间的条约。两岸和平协议不是两岸统一协议,但不能排除两岸统一的政治指向。两岸和平协议是在国家尚未统一的特殊情况下的政治安排。两岸和平协议是两岸关系和平发展的框架协议,是两岸关系和平发展的制度化。

The paper tries to make a detailed analysis of the Cross-Strait peaceful agreement from a macroscopic perspective. The peaceful agreement is essentially an agreement between two domestic political entities rather than a treaty between the countries. On the other hand, the agreement is not a Cross-Strait unification agreement, however, it can not rule out the political point of the unification. It can be taken as a political arrangement under the special condition that the country is not yet reunified. In fact,the peaceful agreement is considered not only a framework agreement but also an institutionalization of peaceful development across the Taiwan Straits.