人民權利與國家利益的對話―  我國「入出國及移民法」制定及修正過程之分析

民國八○年代解嚴前後，由於內外環境變遷，我國國境管理制度面臨轉變。到底規範人群互動的目的是為個人的權利發展，抑或為群體利益考量，兩者之間是否有平衡點？尤其當兩岸分立多年，基於某些內外因素，再次有限度的來往接觸時，我們如何看待對方人民，其觀點是否和看待其他邊界的群體或人民有所不同，如有不同，其原因何在？本文將移民政策法令規範，納入人權問題與國家利益因素進行探討。檢視我國「入出國及移民法」制定、修正之審議爭辯，發現「人民權利」的享有範圍受到「國民」用詞定義的牽動。本文發現移民政策與法規所面臨的考量除了涉及人權的價值理念外，亦包括國家安全的損益管控。主政者以維護「國家利益」為前提，對移入他者採取不同的對待方式，使我國面對國際人權保障的價值理念時，唯獨在大陸人民身上出現了缺口。然而持續的國際人口流動產生的族群多樣性，使得跨國人權意識高漲，本文認為人權理念和國家利益之間的消長，亦是主政者在政策權衡時必須考量之要點。

關鍵字

國民；人民權利；國家利益；國家安全

並列摘要

In the mid 1980s, due to the abolishment of the Martial Law which facilitated social, economic and political changes both externally and internally, the boarder management system in Republic of China (R.O.C., Taiwan) was then on the brink of transformation. However, it is an interesting question that whether the purpose of establishing immigration laws, regulating interactions among people, is for the development of individual rights or for concerns of group interests, and is there a balance between these two objectives? In this thesis, the focus would be on how Taiwan government enacted immigration policies regarding foreign nationals as well as people from mainland China especially it was the first contact after decades of standoff across the Taiwan Strait at that time. Thus, is there any policy differentiation between foreign nationals and people from P.R.C.? If the differentiation does exist, what are the reasons for it? This thesis discusses the immigration laws in terms of perspectives from human rights and national interests. After reviewing the process of immigration law enactment and its amendment, the author has discovered that how many human rights granted from the government varied with the interpretation of “legal citizens”. Furthermore, except preserving human rights, Taiwan government also took national security and interests into consideration when enacting immigration laws and policies. Nevertheless, policy makers in Taiwan prioritize national interests over the respect for human rights, resulting in unequal treatment between immigrants from mainland China and immigrants from other countries. On the other hand, ethnic diversity within a country caused by cross-border movement of people has contributed to the rising awareness of immigration rights. Therefore, this thesis concludes that the balance between the human rights protection and national interests preservation should be the foremost consideration for policy makers.