台灣憲法之未來: 兩岸僵局的當前困境與可能解答

Constitutional Future of Taiwan: Current Dilemmas and Possible Solutions of Cross-Strait Gridlock

歐蓮妃(Olena,Vasylcukova)

指導教授 ： 劉紀蕙

國立交通大學/人文社會學院/社會與文化研究所/碩士(2017年)

摘要

Taiwan has undergone a number of crucial changes in the past two decades. The
island nation has witnessed a shift from the first direct presidential election to the first
female President and an evolution from one-party authoritarian-like regime to a vivid
multi-party democracy. However, apart from these superficial transformations, there
was an even bigger metamorphose unraveling under the surface. Taiwanese have,
together with and supported by their newly secured interior freedom and democratic
values, began opting for a revised and reformulated identity. Identity in historical,
ethnic and sociopolitical realms. A process of enhanced Taiwanese consciousness and
a sense of belonging to Taiwan, which came in the vacant space where previously
governmentally imposed Chinese identity failed to settle, could be simplistically
abridged under a conceptual term “Taiwanization”. Taiwanization has managed to
prosper and thrive due to the development of democratic party competition on the
island. The growing trend can be indisputably spotted in elections results and
self-identification surveys, among other ways of manifestation. However,
Taiwanization has brought up just as many questions as it answers. In some ways,
instead of solving the existing puzzle of Taiwan’s ambiguous status, it generates a
new one. Taiwan is facing a dilemma, but it is not the usual Unification vs.
Independence kind of dichotomy. It neither emphasizes the already traditional
Pan-Pan competition circle struggle, nor does it serve as an advertisement, promoting
the preservation of status quo. Instead, the quandary is caused by the same concept
attempting to solve country’s previous plights. With the will of people displayed in
elections of previous years, the distinct Taiwanese identity rise and with the majority
in government , the Pan-Green camp has a new, wide variety of options. Nevertheless,
the sole fact that this time around, Green’s can not be stopped by the KMT in
implementing their pro-independent strategies does not necessarily mean that de facto
independence of the island answers all the questions.
Can Taiwan take unilateral steps to secure its de facto independence and transfer it
into de jure realm while abiding by International Law? Could participation in
Intergovernmental organizations help Taiwan with extending its living space? Or
would it be, if all independence-promoting actions fail, reasonable to abandon the
idea all together and instead focus on systematic and fluent integration with China? Is
there an integration model that can help achieve peace across Strait and what are the
(im)possibilities of such a model being implemented in Cross-Strait affairs? Is
constitutional change possible and if so, what are the prerequisites? And how can
Taiwan break away from the current gridlock of status quo? These are the exact
questions this thesis aims to answer.

關鍵字

台灣 ； 兩岸 ； 中國 ； 憲法

並列摘要

Taiwan has undergone a number of crucial changes in the past two decades. The
island nation has witnessed a shift from the first direct presidential election to the first
female President and an evolution from one-party authoritarian-like regime to a vivid
multi-party democracy. However, apart from these superficial transformations, there
was an even bigger metamorphose unraveling under the surface. Taiwanese have,
together with and supported by their newly secured interior freedom and democratic
values, began opting for a revised and reformulated identity. Identity in historical,
ethnic and sociopolitical realms. A process of enhanced Taiwanese consciousness and
a sense of belonging to Taiwan, which came in the vacant space where previously
governmentally imposed Chinese identity failed to settle, could be simplistically
abridged under a conceptual term “Taiwanization”. Taiwanization has managed to
prosper and thrive due to the development of democratic party competition on the
island. The growing trend can be indisputably spotted in elections results and
self-identification surveys, among other ways of manifestation. However,
Taiwanization has brought up just as many questions as it answers. In some ways,
instead of solving the existing puzzle of Taiwan’s ambiguous status, it generates a
new one. Taiwan is facing a dilemma, but it is not the usual Unification vs.
Independence kind of dichotomy. It neither emphasizes the already traditional
Pan-Pan competition circle struggle, nor does it serve as an advertisement, promoting
the preservation of status quo. Instead, the quandary is caused by the same concept
attempting to solve country’s previous plights. With the will of people displayed in
elections of previous years, the distinct Taiwanese identity rise and with the majority
in government , the Pan-Green camp has a new, wide variety of options. Nevertheless,
the sole fact that this time around, Green’s can not be stopped by the KMT in
implementing their pro-independent strategies does not necessarily mean that de facto
independence of the island answers all the questions.
Can Taiwan take unilateral steps to secure its de facto independence and transfer it
into de jure realm while abiding by International Law? Could participation in
Intergovernmental organizations help Taiwan with extending its living space? Or
would it be, if all independence-promoting actions fail, reasonable to abandon the
idea all together and instead focus on systematic and fluent integration with China? Is
there an integration model that can help achieve peace across Strait and what are the
(im)possibilities of such a model being implemented in Cross-Strait affairs? Is
constitutional change possible and if so, what are the prerequisites? And how can
Taiwan break away from the current gridlock of status quo? These are the exact
questions this thesis aims to answer.

並列關鍵字

Taiwan ； Cross-Strait ； Constitution ； China

參考文獻

Retrieved 25 February 2016, from

531-549. doi:10.1016/j.orbis.2016.09.001

doi:10.1080/00927670309601506

Regional Integration, Xxi-Xxviii. doi:10.1017/cbo9781316442777.002

Philosophy,6(2), 63-90. doi:10.1080/13698230510001702763