The Rule of Law in China and Taiwan – Toward “One China, Better System”

本篇出處 Issues & Studies 46:4 2010.12[民99.12] 頁217-247
篇名 The Rule of Law in China and Taiwan-Toward “One China, Better System”
作者 陳長文 ; 蘇詔勤 ; 林耀煌
英文摘要   This paper argues that Taiwan and China should sidestep the issue of what constitutes “one China” and instead improve the rule of lawin their respective areas, which could lead to a better system of government. One element of a better system is prosperity, which both sides are quite keen on. But the remaining two components— freedom and democracy— cannot be realized without rule of law. Sun Yat-sen’s Three Stages of NationalReconstruction offers a viable framework for the development of the rule of law on the two sides of the Taiwan Strait. The rule of lawinChina is,with a fewnotable differences, at a similar stage of development as it was in Taiwan under martial law. Such a difference in the two governments’ legal development could derail their efforts toward closer ties. China has to overcome many challenges before it can undertake legal reform; however, there is reason to believe and hope that the development and maturation of its legal system will continue. Discussions centered around “clean and efficient government and corporate governance” would help Taiwan and China take the first of many practical steps to accelerate cross-Strait exchange and relations.



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