Title page for etd-0619112-145134


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URN etd-0619112-145134
Author Kang-yan Liu
Author's Email Address No Public.
Statistics This thesis had been viewed 5353 times. Download 537 times.
Department ICAPS
Year 2011
Semester 2
Degree Master
Type of Document
Language zh-TW.Big5 Chinese
Title A Study of Legal System of the Free Independent Traveler Program for China
Date of Defense 2012-06-15
Page Count 482
Keyword
  • Free Independent Traveler (FIT)
  • basic principles
  • administrativeorganization
  • administrative authority
  • administrative remedy
  • administrative supervision
  • Abstract In terms of the “basic principles” of the Free Independent Travelers program(FIT), we need to notice that it is the very first and fresh contact in the cross-straits with the friendliest cooperation. With the change that given by FIT to rebuild the mutual trust between two nations, instead of labeling the “evil nature” on the people from mainland, the government should remove the discriminative norms and
    regulations from FIT immediately. In the perspectives of the Constitution and the International Covenant on Civil and Political Rights of UN, the right for people to
    have the freedom of mobility should be safeguarded. Internally, the authority should be delegated to local governments to enhance the potential benefit from few private and affluent enterprises and Taiwan-based business in China to the local economy with a greater profit. From the aspect of “organization,” shortening the administrative process is the priority to reduce unnecessary red tape. Ma’s administration attempts to establish offices in different fields in the cross-straits by “building blocks”; however, a more “comprehensive” service organization is more needed based due to the reality. If this kind of organization can be set up in the important cities in China, FIT applicants can apply the grogram, including “application, submission and receiving certifications” by a single window. It can not only reduce the cost and the possibility to be exploited for applicants, but it also can force the government to eliminate transferring the
    unnecessary risk of the possibility for Chinese travelers’ staying illegally to the tourism industry in Taiwan. In relation to “authority,” the policy should incline to “soft law” for promoting FIT with “management” rather than “protecting with strictness.” If there is a conflict between authority and basic principles, related administrative problems may be even harder to be processed, let alone putting effectiveness of organizations into full play.
    Regarding to “remedy,” a comprehensive arbitration mechanism, or an integrated system of mediation for dispute and remedy, is a must for FIT. From the premise of a mutual consensus to make it work effectively, instead of post-incident remedy,
    pursuing the quality of travelling by “risk management” is more important. After all, the remedy in current society is so limited that it only covers the mediation for the dispute of product consumption and purchasing. In terms of “supervision,” related source of law should be made by “legislative sector,” so that an “internal controlling” mechanism can be set up while part of the legal system is unable to be intervened by non-executive power, including president’s power. Moreover, the set up of this mechanism should imitate the evaluation for
    universities. Professional scholars should be invited to do the evaluation, and by way of selecting random case or lot drawing, the power of the president can be redressed.
    Based on the divisions of responsibilities between administrative and legislative sectors, the “interior controlling” role that the Congress plays, still, should not infringe the executive power of legislative sector. Nevertheless, it should reinforce practical supervision and identify what the object should be. From the aspect of “exterior controlling,” an unofficial and professional organization should be established, so as to assist the integration of a comprehensive plan and supervision assessment. The pressure that media puts on the government is limited, not to mention correcting exterior supervision instantly; however, if the assessment can be submitted
    to Legislative Yuan from time to time, it might leave pressure to the administrative sector, so that the problems can be redressed.
    Advisory Committee
  • Kuen-Shiang Huang - chair
  • Jin-Jr Li - co-chair
  • Shuai-Liang Deng - advisor
  • Files
  • etd-0619112-145134.pdf
  • Indicate in-campus at 5 year and off-campus access at 5 year.
    Date of Submission 2012-06-19

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