Liu Jincai
Recently, Taiwanese people have been punished by the Ministry of the Interior for NT $ 100,000 (about S $ 4,600) for the assistant to the assistant to the mainland community; and 27 people's collective administrative lawsuits were determined by the Taipei Higher Administrative Court to determine that the Ministry of the Interior was punished by the Ministry of the Interior.Violation of the principle of legal ratio and unconstitutional.
This has triggered different evaluations of public opinion, and in favor of the judgment of the High Administrative Court of Taipei that the Ministry of the Interior banned the people of Taiwan to engage in the work and like the right to work in the constitutional guarantee.The anti -theory criticized that the Taipei Higher Administrative Court had higher standards for administrative punishment in accordance with the Cross -Strait People's Relations Regulations than criminal penalties, which were similar to the specifications set by overhead legislators and giving the Chinese authorities in Qiaomen.
At the same time, the anti -theory criticized the judgment of this case completely disrespect the national security major of the administrative department, and even expanded power to define the attributes of political positions in other countries in the MAC, and called on the judicial organs not to become a red -penetrating national security loophole.
The people of Taiwan have served in the mainland's political institutions. This impact on the national security department should be decided by the administrative department. If the current legal norms are lacking and improved, the legislature shall be re -revised by the legislature.Legal authorization shall not infringe the authority of the administrative organs and legislative agencies.
Community director assistants are not the national civil servants system that belongs to the mainland. The residents 'committee or villagers' committees are also non -mainland's national party and government agencies. The nature is autonomous organizations at the grassroots level.The Ministry of the Interior believes that the assistants of the community director are engaged in the positions of the mainland's administrative or political institutions and groups, similar to the role of officers in the village in Taiwan.In fact, the assistant director of the community is a contractor, non -governmental officials, and the village officers are government officials.
However, although the Higher Administrative Court believes that this is a political organs (structure) and group positions; it also proposes whether the position must be punished, except that the party affairs, military, administrative, or having the mainland region that belongs to the MAC announced in mainland China must be determined.Political organs (structure) and group positions; it should also consider whether it affects the security and stability of Taiwan in Taiwan, or involves national identity or basic loyalty, the work of Taiwan's united front, and harassing national security or interests.In other words, the administrative court advocates that the people who punish the public as the assistant to the community should further consider whether it affects the degree of national security and the impact of interests.
First of all, the administrative court believed that inspecting its labor contract did not see a political task or the posts involved in public power.27 people and other 27 people and others signed a labor contract with the Xiamen Maritime Safe Safety Service Company in the mainland from September 2018 to March 2019, and agreed to participate in the community governance work in Haicang District, Xiamen City, Fujian Province.The main work nature is to provide community planning opinions or provide a reference for the residential committee for the residential committee. It is the nature of the consultant and does not participate in the meeting or operation of the neighborhood committee.And from the perspective of cross -strait policies on different political parties, the work of the assistant director of the community is related to national secrets, national loyalty, and national identity. A grass -roots assistant affairs of social groups may not be easily associated with national security and interests.
The people of Taiwan are the assistant to the director of the mainland community, and what national interests are damaged, and the specific content is not easy to define.From 2008 to 2016, Ma Ying -jeou encouraged cross -strait grass -roots governance exchanges and observation during the administration. It produces a demonstration role through community governance exchanges through community overall construction, social services and other community governance and exchanges.The cognition and assessment of interests and security is benevolent and not easy to balance each other.
Secondly, the administrative court believes that the people of Taiwan are being discussed by the united front of the mainland authorities.The judgment believes that Taiwan is a society where democracy is open, and the public accepts the smooth information channels and sufficient information, and has its own ability to judge.The Ministry of the Interior claims that Zeng Nu and others have become 31 measures for the mainland authorities to propagate their models, which is not enough to serve as punishment.
At the same time, it is pointed out that the Ministry of the Interior determined that the local government provided this position was determined that it was a united front method against Taiwan, but it did not specifically look at how the united front means had an adverse effect on Taiwan.The right to work in citizens in the Constitution of the Republic of China in order to achieve unclear and unspecified united front measures.
It is true that the mainland's united front strategy against Taiwan has the so -called hopes in the Taiwan authorities and the people of Taiwan to strengthen the social integration of cross -strait social integration and take unilateral operations.The equal treatment of learning, employment and entrepreneurship, if we use this as a measure of united front standards, will expand to Taiwanese businessmen, Taiwanese teachers, Taiwanese students, Taiwanese enterprise staff, etc. Almost all relevant personnel with cross -strait affairs involve the affairs of the land.The United Front is endangering national interests.Taking the assistant of the community director alone, he may not comprehensively observe all the united front areas.From the perspective of the United Front, it involves the causes of interests such as political party exchanges, civil organization exchanges, and corporate investment. The social interests involved may be more extensive than the assistant work of the community director.Essence
In the end, if the people of Taiwan recognize the 1992 consensus, they expressed their disagreement with the Republic of China. This kind of speech deviated from the political practice experience of the 92 consensus during the period of the Kuomintang's political period.People, Taiwanese are democracy.As long as I am president, I will work hard to make none of the people apologize for their identity.In particular, the political disputes of political parties in Taiwan disrupted. As the current vice president Lai Qingde served as the Executive Yuan's lecture, Taiwan should establish a political party culture with priority of national interests.It is obvious that the problem of national identity is not solved by any party; each political party has their own party interests, and Taiwan has not established a political party culture that gives priority to national interests.There are differences between national identity between parties, which leads to different national interests.
During the administration of Ma Ying -jeou, the 1992 consensus was the common political foundation for the cross -strait dialogue and negotiation; signed 23 agreements, diplomatic offerives and reduced military exercises and intimidation of Taiwan.However, the cross -strait authorities have different interpretations of the connotation of the consensus on 1992. The Kuomintang government believes that it is a table in the first middle school (seeking the same principle of the first China, and the connotation of one middle school).EssenceIn 2016, the Democratic Progressive Party was in power. It successively proposed the 92 talks of the 1992 historical experience and the common cognition of 1992. In the early 2019, the 1992 Consensus was publicly rejected, and the 1992 consensus was regarded as one country, two systems.
Taiwan's social party politics is different from the definition of national interests in national identity. If it is recognized whether the 1992 consensus is one of the rules of punishment, it may be due to the judgment of the rotation and political claims of political parties.Proposal and political support and recognition.
The people of Taiwan are assistant to the director of the community. They have various majors such as law, urban and rural construction, social work, and education. They use community overall construction, community governance and services, and social grassroots citizen consciousness to assist in the development of grassroots communities in the mainland.The governance and community construction with the mainland's mirror and experience inheritance, and also create a peaceful development of cross -strait through grass -roots exchanges and cooperation through cross -strait grassroots exchanges and cooperation.Isn't this in line with Taiwan's interests and security?If the human rights nation is established, the impact of the government's administrative actions on the rights and interests of the people should be considered.
The author is Taiwan Foguang University
Assistant professor of the Department of Public Affairs
