【摘要】：從近年來上海的實(shí)踐看,臺胞權(quán)益受公然侵害的投訴類案件減少,而希望獲得關(guān)注的涉臺求助類案件增加,一定程度上彰顯了部分臺商罔顧事實(shí)、投機(jī)、甚至借機(jī)政治勒索等心理。作為臺胞權(quán)益保障的重要舉措,各級臺辦的涉臺投訴協(xié)調(diào)工作存在法律性質(zhì)不清、受案范圍不明、工作措施不足、協(xié)調(diào)效果不力等問題。隨著兩岸政治環(huán)境的變遷,以單方面讓利示好為初衷、讓臺胞滿意、甚至僭越法律的"臺胞權(quán)益保障"理念值得反思。全面依法治國背景下,涉臺投訴協(xié)調(diào)仍有其政治上和法律上的必要性,依法開展涉臺協(xié)調(diào)不屬于"干預(yù)司法"。應(yīng)以充分的制度自信,結(jié)合"給予臺胞同等待遇"的政策,堅(jiān)持公正、法治等原則,將臺胞權(quán)益保障工作納入法治化、規(guī)范化的軌道。另外,應(yīng)充分發(fā)揮涉臺仲裁、涉臺專業(yè)調(diào)解、法律顧問等民間力量,為涉臺糾紛的調(diào)處提供支持。
[Abstract]:Judging from the practice in Shanghai in recent years, the number of complaints cases where Taiwan compatriots' rights and interests have been openly infringed has decreased, while the increase in the number of cases involving Taiwan seeking attention has to a certain extent revealed that some Taiwanese businessmen have ignored the facts and speculated. Even take the opportunity of political blackmail and other psychology. As an important measure to safeguard the rights and interests of Taiwan compatriots, there are some problems in the coordination of complaints involving Taiwan at all levels, such as unclear legal nature, unclear scope of cases, inadequate working measures, and weak coordination effect. With the change of cross-strait political environment, the idea of "safeguarding the rights and interests of Taiwan compatriots" in order to make the Taiwan compatriots satisfied with the unilateral offering of benefits is worthy of reflection. Under the background of ruling the country according to law in an all-round way, the coordination of complaints involving Taiwan still has its political and legal necessity, and it is not "interference in the administration of justice" to carry out coordination with Taiwan according to law. We should combine the policy of "giving equal treatment to Taiwan compatriots", adhere to the principles of justice and rule by law, and bring the protection of the rights and interests of Taiwan compatriots into the track of rule by law and standardization. In addition, we should give full play to Taiwan-related arbitration, Taiwan-related professional mediation, legal advisers and other folk forces to provide support for the mediation of disputes involving Taiwan.
【作者單位】： 同濟(jì)大學(xué)法學(xué)院;
【分類號】：D618
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本文編號：2230467