Abstract
The People’s Republic of China (PRC) and the Republic of China (Taiwan) have been divided politically for forty years. Due to the immense power of cohesion inherent in Chinese culture, however, the speedy reunification of the PRC with Taiwan has been the common desire of the people on both sides of the Taiwan Strait. It is also the unshirkable historic responsibility for the governments of both sides. Recently, the government of the PRC has taken the lead in making persistent and positive efforts to promote contacts between the two sides, thus leading towards eventual reunification. Following this trend, Taiwan authorities have adopted a policy of permitting people to visit relatives in the PRC. Since then, increasing numbers of people from Taiwan have come to the PRC to visit, travel, do busi- ness, attend academic conferences, and even to relocate permanently.
Despite these promising signs, progress towards normalization and reunification has been slow for a number of reasons. In particular, due to the extended period of hostilities between the two sides and different governmental and legal systems, continued exchanges inevitably produce various legal problems. Of particular concern to each side are problems associated with criminal prosecution of non-residents and criminal jurisdiction over residents in each other’s territory. The solution involves applying the law fairly and reasonably and requires that the social order and interests of both sides are reason- ably safeguarded. Such a solution will promote continued exchanges.
Consequently, these concerns have received the attention of the legal profession in both the PRC and Taiwan. For example, on Feb- ruary 1, 1989, Taiwan authorities proposed the “Interim Regulations Concerning the People’s Relationship Between Taiwan and the Main- land Areas.” The purpose of this legislation is to regulate, via the legal system, the unique kinds of problems that may arise out of the increased contacts between people on both sides of the Strait.
This article discusses criminal law policy options available to both governments that would help facilitate the common goals of continuing exchanges and eventual reunification. Accordingly, this Article is divided into two components. The first focuses on issues of PRC criminal law, with particular attention paid to the unique issues that may arise out of the new PRC-Taiwan relationship. The second discusses these criminal law issues from a Taiwan perspective. The primary focus here is to analyze the Draft Regulations as a public policy measure that will either aid or hinder exchange and reunification.