Jurisprudential Discussion Of The Legal Status Of The ARATS And SEF Agreements

The ARATS and SEF agreements are written documents signed by the ARATS and the SEF who authorized or entrusted by the mainland and Taiwan area respectively before the unification of China, which are results of negotiations on the contacts between the mainland and Taiwan area based on the "1992consensus" and the will of both sides. The ARATS and SEF agreements solved a series of problems of the cross-strait exchanges, which not only established a new mode of transaction between the two sides, but also laid a solid basic for the peaceful development of cross-strait relations. The implementation of the ARATS and SEF agreements is not only related to the vital interests of the people on both sides but also concerning the overall situation of the maintenance of peaceful development of cross-strait relations. Therefore, effective implementation of the agreements is worthy of our attention. As for the theory, the implementation of the ARATS and SEF agreements closely link with its legal status.At present, the legal status of the ARATS and SEF agreements is not clear in mainland, the departments and local governments of mainland stand in the height of politics to implement the agreements, its enforcement is beyond doubt. However, from a legal point of view, it should have sufficient legal basis in the implementation of the ARATS and SEF agreements. Although the substantive departments do not agonize over the legal status of the ARATS and SEF agreements, it must be considered from the perspective of jurisprudence. Based on this, this paper attempts to discuss the legal status of the agreements from the legal point of view to provide a reference for the theory and practice of the ARATS and SEF agreements.This article attempts to solve the following problems:First, how to define the nature of the ARATS and SEF agreements signed by two civil society organizations; Second, on the basis of jurisprudential analysis of the effect and the status of the agreements, rethink the effect and status of the ARATS and SEF agreements in the form; Third, analysis the necessity of improving the legal status of the agreements, propose specific recommendations on how to obtain a sufficient legal basis for the implementation of the ARATS and SEF agreements.We argue that the status of the agreements should be made clear, give legal basic in the form for the effect of the agreements. And formulate uniform rules applicable for the agreements. At the same time, eliminate the conflicts the agreements with the mainland legal regulations, and properly handle the cohesion of the agreements with the legal system of the mainland to provide sufficient legal bases in form and substance for the implementation of the ARATS and SEF agreements.