兩岸交流與管制模式之研究(1987-2005)

Abstract

本文就兩岸交流與管制分析顯示，兩岸交流管制所依靠的法律體系，由動員勘亂時期國家安全法至台灣地區與大陸地區人民關係條例，及其相關子法，此一法律體系所形成之管制規範，非獨立存在，有其時空背景，在該時空環境下之政經變遷，而隨著其變化而調整。本研究在架構此一交流管制模式過程，係連結1987-2005年間政經變遷，其主要行為者，包括美、中、台三者角色扮演，各主要政黨交流主張。為了解其行為，進行資源汲取及運用過程之管制，分別就大陸工作體制下列三階段：開啟大陸工作期(1987-1989)、大陸工作體系形成期(1990-1999)、政黨輪替後(2000-2005)，分述在國內外及大陸三方面影響因素及政府大陸工作主要政策理念下，經由開放與管理，結合民間力量、組織分工與制度化管制過程，形成其交流與管制結構。 又本文一開始並提出一命題假設，「兩岸交流與管制，係循序走向整合」，並試圖對此一現象，提出一項解釋，且就此一現象結果，研提一因應模式。有關此一因應模式，係以國家全安為核心理念下，建構交流管制下列五種模式因應。包括兩岸交流策略管理、交流管制制度化、區塊交流模式、地方政府參與模式及行政契約應用模式。亦即如何有策略思維，進行管理與開放；如何制度化以建構穩定之交流環境；經由委辦補助等分工，納入地方政府參與大陸事務；如何運用行政契約結合民間力量推動交流與管制；提列區塊交流模式，避免失焦，進而提升交流品質。

This paper analyzing cross-strait exchanges and regulatory management shows that the legal systems on which the management of cross-strait exchanges is dependent, starting from the National Security Law during the period of the National Mobilization for the Suppression of the Communist Rebellion to the Act Governing Relations between Peoples of the Taiwan Area and the Mainland Area and the related subsidiary laws, are not independently existing from their temporal and spatial backgrounds wherein changes in the political and economic conditions affect the adjustments made on these systems. In constructing the model of the management of cross-strait exchanges, this study connects the political and economic changes during the period 1987-2005, wherein the key actors include the roles played by the U.S. China, and Taiwan, as well as the position taken by each major political party regarding cross-strait exchange models. In order to gain an understanding of their behaviors as well as to manage and control the gathering of resources and their application, we have categorized the operational system of Taiwan’s China policy into three different stages: the activation of Taiwan’s efforts to promote cross-strait affairs (1987-1989), the formation period of the operational system of Taiwan’s China policy (1990-1999), and the period after the political power reshuffle in Taiwan (2000-2005). We shall describe the influential factors in and out of Taiwan and in China, as well as the major policy ideas in the government’s work on China affairs, the exchange and management structure that has been formed through the implementation of openness and management measures, the integration of civic forces, the division of labor among various organizations, and institutionalized management procedures. From the outset of this paper, we propose a hypothesis that “cross-strait exchanges and regulatory management” are geared toward “integration” step by step. Furthermore, we try to provide an explanation for this phenomenon. Moreover, according to this result, we propose a counteraction model. This counteraction model will construct five different types of exchange and management models based on the core ideal of preserving national security, namely, the strategy management of cross-strait exchanges, the institutionalization of cross-strait management, exchanges through the subdivision of various aspects, local government participation, and the application of administrative contacts. In other words, this model is centered on how to have a strategic thinking in carrying out management and openness measures; how to institutionalize the creation of a stable environment conducive to exchanges; how to carry out a division of labor by entrusting various tasks and providing financial support in order to enable the local governments to participate in the management of China affairs; how to work with the civic sector to promote exchanges and management by signing administrative contacts; how to apply a subdivided exchange model to avoid going astray from the main purposes and further enhance the quality of exchanges.