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Studies on Consultations between the Authorized Cross-straits Nongovernmental Bodies Article Abstract

Abstract by : TsingHua
Visits : 18  words: 300   Published: June 30, 2005
This abstract was translated from 两岸授权民间团体的协议行为研究
Consultations between the two sides of the Taiwan Straits is legal acts that aim to resolve questions arising from contacts between the two sides by the authorized nongoveramental bodies before the country's reunification. Agreements concluded by the authorized cross-straits nongovernmental bodies result from the need of order constructing. The practice of reaching such agreements by cross-straits nongovernmental bodies is based on the one-China principle and the equilibrium of demands of each side. It is non-governmental, practical and functional in nature. The differences of the legal systems of the two sides decide the differences of subject, authorization and effect of the Consultations and agreements concluded thereof. Whatever way they are enforced, the effect of such agreements in Mainland of China at present is about that of regulations made by a ministry or commission under the State Council, or judicial interpretations by the Supreme People's Court. In Taiwan, as a result of the Taiwan authorities' secessionism policy, the cross-straits relationship is regarded as quasi-international relationship; therefore, the said agreement is defined as quasi-treaty or quasi-administrative agreement. Such policy position which deviates from the one-China principle, constitutes one important reason why the Taiwan authorities refuse to return to the "1992 Consensus".

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