新形势下涉台投诉协调工作面临的问题及其法治化路径——以上海市近年实践为例
发布时间：2018-09-08 12:05
【摘要】：从近年来上海的实践看,台胞权益受公然侵害的投诉类案件减少,而希望获得关注的涉台求助类案件增加,一定程度上彰显了部分台商罔顾事实、投机、甚至借机政治勒索等心理。作为台胞权益保障的重要举措,各级台办的涉台投诉协调工作存在法律性质不清、受案范围不明、工作措施不足、协调效果不力等问题。随着两岸政治环境的变迁,以单方面让利示好为初衷、让台胞满意、甚至僭越法律的"台胞权益保障"理念值得反思。全面依法治国背景下,涉台投诉协调仍有其政治上和法律上的必要性,依法开展涉台协调不属于"干预司法"。应以充分的制度自信,结合"给予台胞同等待遇"的政策,坚持公正、法治等原则,将台胞权益保障工作纳入法治化、规范化的轨道。另外,应充分发挥涉台仲裁、涉台专业调解、法律顾问等民间力量,为涉台纠纷的调处提供支持。
[Abstract]:Judging from the practice in Shanghai in recent years, the number of complaints cases where Taiwan compatriots' rights and interests have been openly infringed has decreased, while the increase in the number of cases involving Taiwan seeking attention has to a certain extent revealed that some Taiwanese businessmen have ignored the facts and speculated. Even take the opportunity of political blackmail and other psychology. As an important measure to safeguard the rights and interests of Taiwan compatriots, there are some problems in the coordination of complaints involving Taiwan at all levels, such as unclear legal nature, unclear scope of cases, inadequate working measures, and weak coordination effect. With the change of cross-strait political environment, the idea of "safeguarding the rights and interests of Taiwan compatriots" in order to make the Taiwan compatriots satisfied with the unilateral offering of benefits is worthy of reflection. Under the background of ruling the country according to law in an all-round way, the coordination of complaints involving Taiwan still has its political and legal necessity, and it is not "interference in the administration of justice" to carry out coordination with Taiwan according to law. We should combine the policy of "giving equal treatment to Taiwan compatriots", adhere to the principles of justice and rule by law, and bring the protection of the rights and interests of Taiwan compatriots into the track of rule by law and standardization. In addition, we should give full play to Taiwan-related arbitration, Taiwan-related professional mediation, legal advisers and other folk forces to provide support for the mediation of disputes involving Taiwan.
【作者单位】： 同济大学法学院;
【分类号】：D618
，
本文编号：2230467
[Abstract]:Judging from the practice in Shanghai in recent years, the number of complaints cases where Taiwan compatriots' rights and interests have been openly infringed has decreased, while the increase in the number of cases involving Taiwan seeking attention has to a certain extent revealed that some Taiwanese businessmen have ignored the facts and speculated. Even take the opportunity of political blackmail and other psychology. As an important measure to safeguard the rights and interests of Taiwan compatriots, there are some problems in the coordination of complaints involving Taiwan at all levels, such as unclear legal nature, unclear scope of cases, inadequate working measures, and weak coordination effect. With the change of cross-strait political environment, the idea of "safeguarding the rights and interests of Taiwan compatriots" in order to make the Taiwan compatriots satisfied with the unilateral offering of benefits is worthy of reflection. Under the background of ruling the country according to law in an all-round way, the coordination of complaints involving Taiwan still has its political and legal necessity, and it is not "interference in the administration of justice" to carry out coordination with Taiwan according to law. We should combine the policy of "giving equal treatment to Taiwan compatriots", adhere to the principles of justice and rule by law, and bring the protection of the rights and interests of Taiwan compatriots into the track of rule by law and standardization. In addition, we should give full play to Taiwan-related arbitration, Taiwan-related professional mediation, legal advisers and other folk forces to provide support for the mediation of disputes involving Taiwan.
【作者单位】： 同济大学法学院;
【分类号】：D618
，
本文编号：2230467
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