The Research Of "Consititutional Reform" In Taiwan

Taiwan is part of our country since ancient times.In1895,the Japanese started torule Taiwan through Treat of Shimonoseki.In1945,Japan declared unconditionalsurrender,Taiwan returned to the embrace of the motherland.In1949,the ChineseKuomintang escaped to Taiwan,beginning its rule.Since1990s,Taiwan has underwayfor seven times“constitutional reform”.Based on the previous“constitutionalreform”as the research object,focus on in the process,the role of the judicial yuanthrough“the interpretation of constitution”,on the basis of strong concealment anddangerous“independence of Taiwan by the interpretation of constitution”,in order toprovide reference for motherland reunification.The paper main body consists of threeparts.The first part is the process of“constitutional reform”in Taiwan.This part startsfrom the background of“constitutional reform”,combes its process and result,focuseson the changes of the judicial yuan in the process.With the completion of the top tenconstruction,high educational level,export-oriented economic model expanded theexchange with the world.Thus the politics consciousness of the people of Taiwanincreased intensely.The Chinese Kuomintang（KMT） political fighting intensifiedand met the challenges of the Democratic Progressive Party（DPP）.In Februarypolitical infighting and the movement in March,driven by the KMT dominated theirshoulders“constitutional reform”.After seven times“constitutional reform”,the judicialyuan fifteen justices,nominated by the president and approved by the legislativeyuan.Justice for eight years,regardless of the time,the specific calculation,may notbe-elected.The judicial court of justice of the constitutional court,trial partyunconstitutional dissolution case,the presidengt and vice president impeachment.Theexecutive yuan shall not judicial budget cuts.“Constitutional reform”advanced thesociety in Taiwan and cross-strait relations have produced huge influence,especiallythe damage to the healthy development of relations across the Taiwan straits.Thesecond part is the function of the judicial yuan in“constitutional reform”.Acording to the regulation of the constitution of the republic of China in1946,the judicial yuanshall have the right to explain the“constitution”.The law standards of interpretation ofconstitution for judicial yuan are different.There are mainly three parts:the judicialyuan justice meeting rules,the judicial yuan justice meeting act, the act of the judicialyuan justice trial.The problem of interpretation of constitution of judicial yuan isthe“presumption of constitutionality”and the density of censorship standards.Theinterpretation of constitution of judicial yuan played a different role in differenthistorical stage.Mainly to the constitution of the republic of China in Taiwan used tocreat conditions;cooperate with“constitution reform”adjustment political system;theruling political disputes.The third part is alert to the judicial yuan announcing theindependence of Taiwan by the interpretation of constitution.By the judicial yuan onthe classification of relations across the Taiwan straits“constitution”to explain,teasingout the attitude and the development of cross-strait relations.In view of theconstitution in Taiwan more in-depth research of the theory of constitutionalinterpretation,the“independence of Taiwan by the interpretation”has strongmaneuverability,existing international through judicial precedengt,to solve theproblem of federalist-separatist our neglect of“independence of Taiwan byinterpretation of constitution”and so on,therefore,we need to guard against it.But it isalso restricted by several factors,such as the choice of the fuse,the attitude oncross-strait relation of justice,the choice of constitutional interpretation theory etc.As long as we see through the trick of“independence of Taiwan”bythe“interpretation of constitution”， the integrated use of politicalpropaganda,economical assistance,cultural,legal exchange to inspire,closely rely onthe support of the people on both sides,we must be able to complete the great task ofreunifying the national unity.