The Issues Of The Construction Of Legal System Of Pingtan Comprehensive Pilot Zone From Cross-straits’ Perspectives

Some Taiwan studies indicate that Pingtan Comprehensive Pilot Zone in Mainland China is an experimental zone of “one country,two systems.” However,the idea of Pilot Zone should be traced back to the concept of “peaceful reunification” instead of “one country, two systems” through analysis of historical data,the cross-strait policy,background,and formation process of “one country two systems” concept since divide and rule of China in 1949. According to the principle of “to innovate boldly and to try and carry first”, the pilot zone launched a number of preferential policies. This thesis analyses those preferential policies from the perspectives of cross-straits and provide readers with knowledge base for more objectiveness to evaluate the pilot zone.Pingtan Comprehensive Pilot Zone in Mainland China is exploring a model of “co-planning,co-development,co-management, and cooperation for mutual benefits” for Cross-Straits people according to the principle of “to innovate boldly and to try and carry first”. However,it takes two to tango. It is difficult to achieve the goal of constructing a joint home by cross-straits people without the cooperation of policies and laws from Taiwan government. Cross-Straits governments shall hold a joint consultation and legislate to solve the conflicts between the policies of pilot zone and regulations of cross-straits area during the pilot process. Analyzing the current cross-straits consultation mechanism in Taiwan and the pros and cons of cross-straits co-legislation models,both sides of cross-straits shall shift the cross-straits co-legislation model to fulfill cross-straits people’s needs in the pilot zone with the initial stage,middle stage,and final stage of pilot term on the basis of principle of “legislate like building blocks,shift the legislature like climbing stairs” under the ECFA framework following “Consensus of 1992”.Pingtan Comprehensive Pilot Zone encourages the integration of Cross-Straits’ economy and society and peaceful development of CrossStraits’ relationship; therefore,in order to further promote the innovation of the pilot zone’s systems and mechanism,this thesis contemplated on the content of the Basic Law of the pilot zone by comparative law study. Firstly, this thesis extracted the compatible parts of Cross-Straits’ Constitutions as the fundament of the Basic Law of the pilot zone. Secondly,it searched a design of government structure which may be mutually accepted by Cross-Straits by reviewing history. Finally, it designed the Basic Law of pilot zone to solve the conflicts of “isms” in modern China with “ the ideal of Communism, the welfare of Socialism,the management of Capitalism,and the spirit of Chinese culture”from master Nan Huai-Jin’s conception. Wish to throw away a brick to get a gem and provide a reference of new constitutional government for China after integration of Cross-Straits in the future.For the issues of the Taiwan related legislation relating to the Taiwanese work for the government in mainland China and the feasible mode of simplification of entry and exit pilot zone policy for Taiwanese,this thesis point out that two sides of the Straits may form a joint venture of consultancy management company to hire the people from Taiwan and undertake the management of public affairs in the pilot zone in initial stage of pilot term. In middle stage of pilot term,the mainland China amends its “Civil Service Law” and Taiwan amends its “Act Governing Relations between the People of the Taiwan Area and the Mainland Area”. In final stage of pilot term, the cross straits jointly design the structure of government in pilot zone. About simplification of entry and exit pilot zone policy for Taiwanese,the pilot zone may allow Taiwanese enter mainland China through pilot zone without visa in initial stage of pilot term. In middle stage of pilot term,the term of validity of “Taiwan Compatriot passport” shall be extended from 5 years to 10 years. In final stage of pilot term, allow Taiwanese enter mainland China with Taiwan area identification card. About pilot zone’s resident,this thesis suggests that the pilot zone may gradually realize those preferential policies following the construction process of pilot zone by implementing rules or regulations. For the conflicts of regulations, standards, and definitions between cross-straits,the cross-straits may solve them by cross-straits agreements. So,progressively integrate relative regulations between cross-straits and increase cross-straits mutual open items step by step.