臺灣各政黨對中國大陸配偶的看法與政策比較

中國大陸配偶為我國新住民中人數最多的群體，但因兩岸特殊的歷史發展，中國大陸配偶在各項權利上的限制較其他國家的外籍配偶嚴格；而在過往相關議題的研究中，多從法律規範、政策執行或中國大陸配偶本身的感受與意見進行討論。然而，我政府對中國大陸配偶權益的放寬與否，追根究柢之因仍受執政黨、各政黨對兩岸關係看法所影響，亦隨著兩岸關係的情勢發展而變化；此外，由於中國大陸配偶權利面向涵蓋廣泛，因此本論文將主要關注焦點置於「取得身分證」、「服公職權」與「結社權」，並以「群際接觸理論」對中國大陸配偶在臺生活權益進行檢證。是此，本論文以曾經執政的國民黨與民進黨，及自1987年解嚴後在立法院曾獲3席以上的政黨且迄今仍運作者，擇定政黨幹部與立法委員共15人進行訪談，並討論與比較臺灣各政黨對中國大陸配偶在上述權利議題的看法與政策。本論文首先探討兩岸關係發展與對中國大陸配偶的政策變化，暨規範中國大陸配偶之《臺灣地區與大陸地區人民關係條例》在歷任總統執政時期的修正內容；並更細緻地梳理執政黨與各政黨在與本論文討論議題相關的立法與修法過程之提案與看法，以及說明相關法律、行政部門函釋對中國大陸配偶的現行規範。接續透過訪談資料與文獻對話，歸納與分析臺灣各政黨在研議或制定與中國大陸配偶相關政策的看法和意見；而後除檢證「群際接觸理論」在此議題的適用，並從法制面與實務面檢討與中國大陸配偶相關議題之修法和政策制定。本論文的研究發現，主要有以下三點：第一，即使兩岸往來人數與互動漸增，但由於兩岸關係的發展，反而中國大陸配偶背後所代表的原生國籍（戶籍）被更為強化，致使透過群際接觸以消弭偏見或減輕敵意的條件實為匱乏。第二，中國大陸配偶所適用的《臺灣地區與大陸地區人民關係條例》多以「管制」內容規範，致使其權利保障不若我國人民，甚至低於其他國家的外籍配偶。第三，各政黨的受訪者可能因其背景、主觀想法，致使其對中國大陸配偶相關權益的看法與政策有所不同，但同政黨人士對該議題所持的基本原則無太大差異。關於修法與政策建議，首先，本論文提出三點修法建議：第一，中國大陸配偶同外籍配偶為婚姻移民，且近年中國大陸配偶申請居留與定居人數漸少，中國大陸配偶取得定居資格年限與條件可修改與外籍配偶相同。第二，以「年限」做為中國大陸配偶服公職之限制非為解決問題之關鍵，應以公職所職掌之「事務性質」為標準區分，並排除曾任或現任中國大陸相關機關（構）之職務與成員，以及落實安全查核機制，其餘公職與教職可比照外籍配偶。第三，在有關中國大陸配偶的結社權議題，政黨因屬政治性較高的團體，應仍以設籍後始可加入政黨，但若要成為政黨發起人或黨職相關人員可排除曾任或現任中國大陸相關機關（構）之職務與成員，以及落實安全查核機制，其餘規定可比照外籍配偶；而工會與社會團體的政治性較低，應在中國大陸配偶持依親居留證期間即可加入，其餘規定亦比照外籍配偶。其次，政策建議主要為以下兩點：第一，成立「新住民委員會」，因隨著新住民與第二代子女人數日漸增加，目前雖已有「行政院新住民事務協調會報」，但新住民事務權責仍按事務性質分散於各機關，無法即時與真切解決新住民在臺生活問題，而若成立專責部會機關，更可全面推動新住民相關政策與立法，以真正落實新住民的權益保障。第二，以我國人口結構觀之，非本國籍配偶人數已近於原住民族，但目前新住民擔任立法委員僅有兩例，且皆因政黨將其提名於不分區立法委員的安全名單中而當選，因此建議增列「新住民不分區立法委員之保障名額」，以期對相關議題能有更深入地檢視與政策研議。

關鍵字

中國大陸配偶；臺灣地區與大陸地區人民關係條例；身分證；服公職；結社權

並列摘要

Mainland Chinese spouses are the largest group of new residents in Taiwan, but due to the special historical development of both sides of the Taiwan Strait, spouses from mainland China have stricter restrictions on their rights than foreign spouses from other countries. However, in previous studies on related issues, most of them were discussed from legal norms, policy implementation, or the feelings and opinions of spouses from mainland China. However, whether Taiwan’s relaxation of the rights and interests of mainland chinese spouses is still affected by the ruling party and various political parties’ views on cross-strait relations, and changes with the development of cross-strait relations; in addition, due to the rights of spouses from mainland China, it covers a wide range of aspects, so this article will focus on the aspects of “obtaining an identity card”, “right to serve public office”, and “right to associate”, and use the “intergroup contact theory” to verify the rights and interests of mainland chinese spouses in Taiwan. Therefore, this dissertation takes the Kuomintang and the Democratic Progressive Party, which were once in power, and other political parties that have won more than three seats in the Legislative Yuan since the “Martial Law” was lifted in 1987 and are still in operation today as the analysis targets, and selects 15 party cadres and legislators to interview them. Then, discuss and compare the views and policies of political parties in Taiwan on the above rights issue of mainland chinese spouses. This dissertation first discusses the development of cross-strait relations and changes in policies for mainland chinese spouses, as well as the amendments to the “Act Governing Relations between People of the Taiwan Area and the Mainland Area”, which regulates spouses from mainland China; Then, it combs the proposals and views of the ruling party and political parties in the process of legislation and revision related to the topics discussed in this paper, and explains the current norms of the relevant laws and administrative departments’ letters on spouses in mainland China. Then, through interviews and literature reviews, this paper summarizes and analyzes the views and policies of Taiwan’s political parties in discussing or formulating policies related to chinese mainland spouses; Then, in addition to verifying the application of the “intergroup contact theory” on this issue, it also reviews the revision of laws and policy-making on issues related to spouses from mainland China from the legal and practical aspects. In the research findings, it can be divided into the following three points: First, even though the number of cross-strait exchanges and interactions are increasing, due to the development of cross-strait relations, the native nationality (household registration) represented by chinese mainland spouses is strengthened, which makes the conditions for eliminating prejudice or reducing hostility through “inter-group contact” really scarce. Second, the “Act Governing Relations between People of the Taiwan Area and the Mainland Area”, which is applicable to chinese mainland spouses, mostly provides for “control”, which makes their rights protection inferior to that of Taiwanese, even lower than that of foreign spouses from other countries. Third, the respondents from various political parties may have some differences in their views and policies on spouse-related rights and interests in mainland China due to their background and subjective thoughts, but they are not much different from the basic principles of political parties on this issue. On the revision of the law and policy recommendations, first of all, this paper put forward three suggestions for the revision of the law: firstly, chinese mainland spouses and foreign spouses are marriage immigrants, and in recent years, the number of spouses applying for residence and settlement from mainland China is gradually decreasing, and the years and conditions for chinese mainland spouses to obtain settlement qualifications can be modified to be the same as those of foreign spouses. Secondly, taking “years” as the restriction on spouses from mainland China to serve for public office is not the key to solve the problem. The “nature of affairs” that the public office is responsible for should be used as the distinguishing standard, and former or current members of relevant institutions in mainland China should be excluded. And the implementation of the safety inspection mechanism, the remaining public and teaching posts can be compared with foreign spouses. Third, on the issue of the right of association of chinese mainland spouses, political parties should still be allowed to join political parties after obtaining Taiwan citizenship because they belong to a highly political group. However, if they want to become party sponsors or party related personnel, they can exclude former or current members of relevant Mainland China authorities, and implement a security audit mechanism. The remaining provisions can be compared with foreign spouses; Trade unions and social organizations are less political and should be allowed to join while the chinese mainland spouse holds a dependent residence permit. The rest of the provisions are also similar to foreign spouses. The policy recommendations mainly include the following two points: First, the establishment of the “New Residents Committee”, because with the increasing number of new residents and the second generation of children, although the “Report of the Executive Yuan’s New Residents Affairs Coordination Committee” has been published, the responsibilities and responsibilities of new residents’ affairs are still scattered among various agencies according to the nature of affairs, which cannot immediately and truly solve the problems of new residents’ living in Taiwan. If a special department or agency is set up, the relevant policies and rights and interests of new residents can be comprehensively promoted. Secondly, according to the view of Taiwan’s population structure, the number of non-native spouses is close to that of the aborigines. However, there are only two cases of new residents serving as legislators, and all of them were elected because political parties nominated them on the safe list of non-district legislators. Therefore, it is suggested to add “the number of new residents’ non-district legislators”, in order to have a more in-depth examination and policy discussion on related issues.