Concerning Taiwan "Consititutional Reforms" And Its Influence

This thesis mainly introduces the "constitutional reforms" in Taiwan since the early 1990s and its influence. Through a comprehensive analysis, it aims to provide a thorough understanding of Taiwan "constitutional reforms" and a reference to the policy of cross-straits relations.According to the principle of western constitutional jurisprudence, all the constitutional adjustments and amendments involving constitutional system could be considered "constitutional reforms". Therefore, Taiwan "constitutional reforms" has a long history from the first amendment to Constitution of the Republic of China to the later amendment to Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion, which should also be defined as a part of Taiwan "constitutional reforms" According to the purpose of this thesis, the focus will be on the seven constitutional amendments in 1991 which have a tremendous influence on cross-straits relations.The innovation of this paper lies in the deconstruction of the course, including the content, causes and characteristics, and the influence of Taiwan "constitutional reforms" from the macroscopical and microcosmic perspective, i. e. the macroscopical view of the development of Taiwan "constitutional reforms" and the microcosmic view of its legal basis. Through the rigorous analysis of the influence of Taiwan "constitutional reforms", the author attempts to put forward some proposals for the cross-straits policy and to contribute to reunification of the motherland. This thesis consists of an introduction, the body and a conclusion. Among them, the body is divided into four parts:PartⅠis a background analysis of Taiwan constitutionalism. In order to further understand Taiwan "constitutional reforms", we have to check its basis first. Firstly, with a unique background, Taiwan has its independent constitutionalism. Secondly, Taiwan constitutionalism has its own systematic theory basis; Last but not least, the "constitutional system" has gone through forty years of evolution before the "constitutional reforms". This is the background of Taiwan "constitutional reforms"Part II is the introduction of the process of Taiwan "constitutional reforms", which includes its content, reasons and characteristics. The Taiwan "constitutional reforms" in this thesis refer to the seven amendments of constitution after Li Denghui came to power. So it is written using time as the vertical axis. The seven "constitutional reforms" are divided into seven stages respectively, the contents of which are compared and analyzed in details, which are also the basis of exploring the reasons and characteristics of "constitutional reforms"Part III mainly discussed the influence of Taiwan "constitutional reforms" According to the analysis of internal and external causes, the influence is also divided into two parts:the influence to local Taiwan and the reunification of the motherland. The former introduces the positive and negative effects to local Taiwan. At present, scholars in mainland analyze the impact of "constitutional reforms" in the angle of its counteraction to reunification of our motherland but ignore that it is also the trend of democratic and political development. It is also a great progress for Taiwan. Therefore, it has a more extensive public base, which is exactly a prerequisite for us to consider the Taiwan issue.In Part IV, the author puts forward some pertinent proposals based on the real effect of Taiwan issue, especially the "jurisprudential independence" of Taiwan. Any Chinese who is concerned about the unity of the motherland will put the essences of research on "unity" when doing relevant research on "Taiwan issue", which is also the meaning of their study. So is this paper. On one hand, this part analyzes the background, legal basis and significance of Anti-secession Law aiming to prove the importance of restraining the "independence" of Taiwan in terms of laws; On the other hand, the author claims a multi-pronged approach to restrain the development of "independence" of Taiwan. Some practical suggestions are also brought forward in the four aspects of political propaganda, economy and reciprocity, cultural exchange and military deterrence, etc. which might be beneficial to China's Taiwan policy.