||Since the implementation of economic reform and opening up in mainland China in 1979, China has set up five special economic zones, attracting many Taiwanese businessmen to invest in the mainland, to set up factories, and to open up cross-strait economic and trade exchanges, thus developing a vigorous and prosper trading phenomenon. As of 2016, mainland China has become the largest trading partner of Taiwan, at the same time becoming the largest foreign investment area for Taiwan. This study is based on the following five administrative laws as the main research method framework: the basic administrative principle, administrative organization, administrative authority, administrative remedy, and administrative supervision. In addition, it adopts the comparative research method and the literature research method to explore and analyze the profound meaning of cross-strait trade laws. On top of that, this thesis adopts management perspective to evaluate the current situation of the cross-strait economic and trade exchange legal system to check if they accord with modern administrative law requirements.|
This study finds that the Cross-Strait People Relations which the Government of Taiwan formulated in 1992 restricted many cross-strait economic and trade exchanges. However, the current situation of cross-strait economic and trade exchange has been very different from that of the past. Defects of the regulation include: the fact that the Administrative Procedure Act doesn’t apply to cross-strait affairs; that blank check legislative authorization is rife; that there exists too many restriction controls; and the absence of the supervision of congress, all of which violates the modern democratic society under rule of law. Consequently, the study finds that the Cross-Strait People Relations has been inconsistent with the current needs of the cross-strait economic and trade legal system, therefore needing to ratify possible alternative means for new laws.
Hence, this study aims at developing a brand new Cross-Strait Interaction Act which includes the five primary frameworks that underlie the administrative law, along with the three principles of administration by law, and the seven principles of procedural justice. This allows the core idea of legalism to blend into the new law. That is to say, in order to create a win-win situation, the cross-strait economic and trade legal system must be in accord so as to promote the benefits of the public and private sectors of both sides.