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The Second Taiwan Strait Crisis (the Taiwan Strait Crisis of 1958) was lasted for two months or so, was proved that Mao Zedong's intention to invade Kinmen was in the nature of test rather than a strong determination. It can be divided into four stages. First, it was ignited by the time PRC (People's Republic of China) started bombing, in a large scale, Kinmen on August 23. And on September 4 in that year, then U.S. Secretary of State, John F. Dulles issued a declaration on the situation across the Taiwan Strait. Second, on September 6, PRC made a positive gesture toward holding a talk with U.S. And then on September 15, two parties formally held the first round of talks in Warsaw. Third, after September 16, escorted by U.S. fleets, ROC's (Republic of China) naval supply ships could do their duty so smoothly that halted PRC's intention of blockading and even cutting Kimen's supply lines. On October 6, PRC declared, with a free hand, that it will stop bombing Kinmen for a week. Fourth, after October 7, PRC prolonged the suspense of its bombing and then on October 23, John F. Dulles finished his visit to Taiwan, ROC and U.S. issued a joint communiqu?, in which ROC promised that ui1ess upheavals arose in PRC, ROC will not use force to recover mainlanders' freedom. Instead, it would achieve the goal through means of politics. From then on, the peaceful situation across the Taiwan Strait has been maintained for around fifty years.

Negotiation is an important way of managing conflict among people. Negiotiation is also a process of give-and-take and an attempt of both parties to reach acceptable terms. There were many examples of commercial and political negotiations in history. After a long period of rivalry between each other, the cross- strait relationship between Taiwan and the Mainland has been defrosted since the latter half of the 1980s. In May 1986 the accidental negotiation between two airline companies opened the opportunity for direct contact and negotiation between two sides. Taiwan government allowed its people to visit their family members in the mainland in 1986, followed by a series of technical negotiations. However, due to the differences in population, size---etc., the negotiation between Taiwan and the mainland is termed as "asymmetric structural negotiation". The purpose of this thesis is to study how the weaker-Taiwan-to negotiate with the stronger-the Chinese Mainland--, in order to pursue its best interest. The thesis begins first with the analysis of negotiation strategies from both foreign and local scholars' works. Then it will discuss how the weaker gains interests by using its resources to fight against the stronger. The thesis also tries to find out how the Communist Party, the weaker at the time, defeated the Kuomintang by utilizing all kinds of negotiation strategies. The study of the historical example of negotiations between Kuomintang and the Chinese Communist Party can be a good rdference to us. In the end the thesis will review the cross-strait negotiations in the past ten more years, and discuss what would be our weakness and how we can make more effective use of strategies and preparations for the future.

The economic reform in China led by Deng was to form an economy based on a marketed socialist economy system. Yet the system cannot guarantee the success of the reform. In regards to the specific character of the economic reform in China, J?nos Komai suggests the so-called "dual economic systems." During the transition period, China not only retains the state-run enterprises to some extent, but also improves the mixed-ownership system openly and gradually. Moreover, it also establishes the two levels of dual economic institutions, which adjust the operation of the state-run enterprises by the market system and the planned economy. In doing so, the retained state-run enterprises can reduce the impact of the reform, while the private ones can seek for a higher efficiency of the market productivity. The major logic concerning the two levels of dual economic institutions lies on the state's dominant position during the transition period. The intention of the government is to look for a stable economic growth through the establishment of the dual systems. This article will focus on the logic of the two levels of dual economic institutions as well as the state role in the new institutions. I will also discuss the influence of the two levels of dual economic institutions on the economic reform.

The Detention of Accused in its original setting is for prosecutors and judges during the investigation or trial period of pending crime cases to prevent the accused from absconding, conspiring with a co-offender or witness, or destroying evidence. It is the most important measure for achieving the successful completion of criminal proceedings. However, this measure is often in conflict with the presumption of innocence principle. Improper practice of detention could subvert the presumption of innocence principle. In the past under the authoritarian rule, the administration of justice in Taiwan often used detention as a tool for persecuting political dissidents, which have deteriorated and distorted the nature and function of detention practice. Even after the lifting of martial law, there are still some judicial officers who have not changed or adjusted their mindset about detention practice. Traced back from July 1987 on, the criminal proceedings of some notable accused, such as the political prisoner Hsu Hsin-liang, the former legislator Wang Lin-ling, and even the former President Chen Shui-bian, who was indicted for corruption and bribery, all have caused uproar in the community and intense bickering of both the ruling and opposition parties. Furthermore, Legislators, after their colleagues were detained, often exercise their legislative power – amending laws or boycotting budget bills -- to counter the prosecution and the judiciary system. Therefore, the practice of detention and the legislative change in Taiwan – i.e. amending of the Code of Criminal Procedure on detention of accused – often reflect the conflict between legal professionalism and political self-interest. This phenomenon is seldom seen in the countries with clear rules of law, such as Europe, America and Japan and warrant further study.

Multiculturalism has been the main issue for many western and eastern scholars when discussing Asian Values. In one respect, eastern writers focus on autonomy and self-identity of their own cultures by means of multiculturalism but attempt to avoid western intervention whose ultimate purpose covered with Universal Human Rights. In another, western writers reinforce universalism of west values by proving exist of Asian multiculturalism, while they have to preclude forming the identity of a "Whole Asia" which is spirited by Asian Values and threaten western identity. Therefore, with this western context and narrative strategy established, Confucianism and Islam which could represent a "Whole Asia" are usually divided into two kinds of different cultures. Cultural essentials, cultural interrelations, and reconciliation of cultures are three main points analyzed in this paper in which a friendly Confucianism and a threatening Islam could provide western world two contrasting images and conceptions.

Widely known for his nationalistic view of Japan's international status, Ishihara Shintaro is commonly considered the most eminent character among Japan's right wing politicians. This article reviews his comments on Japan's history and foreign relation and examines his deeper motivation to resist US and China so as to ensure Japan's status as a modern, civilized nation-state. In doing so, the linkage between Ishihara's ideology and that of the Japanese intellectuals before World War Two is unveiled: both try to depreciate China while enabling Japan to challenge the West as Asia's leader. However, contemporary China's rise makes it impossible to disdain China as Ishihara's predecessors have done, and thus his critique is trapped in a different dilemma.

The National Assembly System, as the central theme of the Regime known as the Republic of China, is a fundamental design and achievement of Dr. Sun Yat Sen’s philosophy culminated in Samminjouilles. Yet, why is it that founded under and pursuant to ROC Constitution, Article 25, and in the name of the entirety of the ROC citizenry in the exercise of the power of the state, the National Assembly was firstly renovated to a so-called Mission-bounded National Assembly, thence, by the working of the 7th Amendment to the Constitution, totally put out of function ？ This puzzle certainly deserves a profound study and in-depth review, at a time when the society at large is overridingly concered about more of issues such as：revision of the Legislator Election System, Reduction of the Legislator Quota, incorporation of the Plebiscite System into the Constitution, than it is with regard to the abolition of the National Assembly System which is as much an issue embodied in the 7th Amendment, because abolition of the National Assembly bears two important constitutional intents；firstly, as explicated in this paper, the abolition of the National Assembly by the working of the 7th Amendment rightly challenges the traditional assertion that ours is a State built on the Five-Power Constitution, as much as it breaks down the condition precedent consensus that the Constitution Amendment should in no way tamper with Dr. Sun Yat Sen’s Legacy, namely：Samminjouilles；secondly the Popular Representation System of our country is uniquely distinguished from most democratic states around the world in the design of a pluralistic national assembly system, the rather ambiguous nature of our pluralistic legislative design has given occasion to frequent contentions between the Legislative Yuan and the National Assembly, that explains why the seventh amendment to abolition the National Assembly System getting at work not only puts an end to the pluralistic Congress disputation, but also bids in the era of‘Sole Congress’system in our country.

Taiwan government has declared biotechnological industry as one of the most important industries in the 21st century. Although government will put billions of NT dollars in biotechnological R&D, legal problems and genetic resources are other key issues. This paper analyzes why agricultural biotechnological industry emerged, and why legal problems will be essential to its success. This paper, with the theory of regulation school, emphasizes the importance of institutions to economic development. With the transformation of production mode, intellectual property rights have become more important and more strategic to industries. However, legal protection in agricultural biotechnology is two-edged. On the one hand, companies can get rewards for their innovations, on the other hand, those who provide genetic resources should also get their rewards. Equalization of interests is a new challenge for international community now. This paper analyzes several legal issues and recent development, then provides some suggestions for Taiwan's policy-making.

In the period of enforcement of the Martial Law in our country, there are acts of state including exercising administrative power, legislative power, and judiciary power at will everywhere in accordance with willing of ruler being the golden rule. These acts of state critically violate "Principle of Constitutional State" and a rebel's human rights are seriously infringed. With respect of exercising legislative power at will, it includes the mandatory death penalty and improper legislation, e.g. violating the Principle of a Legally Prescribed Punishment for a Specified Crime, Clarity Principle of Law or the Principle of Punishment in Accordance with Crime. With respect of exercising administrative power at will, it often includes violation of the Preservation Principle of Law, the Precedence Principle of Law and the Principle of Separation of Powers. With respect of exercising judiciary power at will, It is the most serious phenomenon that administrative power interferes judiciary power resulting in non-independence judiciary. Besides, it is also common behavior of exercising judiciary power at will that violates the Evidence Law, the Principle of Non-Retroactivity and constitutes illegal or improper judgment, e.g. lacking objectivity for estimating penalty. In this article, we try to legally discuss and review the facts of rebel's cases for death penalty violating the Principle of Constitutional State during the period of enforcement of the Martial Law in our country to spotlight that human rights are critically infringed by persecution of acts of state at will. However, we only can analyze the truth of rebel's cases of death penalty by limited reference material such as official Ii les, folk documents and the statements of victim's family members. This article also propose some suggestions and interpretations how fills in damage by reference law of compensation currently in effect and applies mutatis mutandis to the other uncovered part as consultation.

After World War Ⅱ, the Nationalist Government of China (KMT) was distressed internally arid externally for the following two reasons: 1. The position of the Chinese Communist Party (CCP) was stronger than eight years ago when the Second Sino-Japanese War broke out. 2. The Nationalist's signing of the Sino-Soviet Treaty of Friendship and Alliance of 1945 on the basis of the Yalta Agreement neither weakened the cooperative relations between the CCP and the USSR nor benefited the Nationalist Government's attempt to regain Manchuria. First, Chiang Kai-shek invited Mao Tse-tung to hold the talks in Chungking in August 1945 in order to obtain political concessions from the CCP, but this proved unsuccessful. Second, in the latter half of 1945, the Nationalist's representatives negotiated with the Commander of the Red Army in Manchuria regarding China's recovery of Manchuria, while at the same time its forces fought against the CCP troops fiercely for the occupation of Northern China-both attempts failed. The setbacks suffered by the Nationalist Government in the latter part of 1945 were a prelude to its final collapse in 1949.

Human rights, characterized by liberty and equality that every human being should enjoy, is often violated by political incidents. With the Gwangju Uprising as an example, this text uses a historical approach and a document analysis approach in analyzing issues such as aggrievement of human rights during the Gwangju Uprising, its assessments, future prospects as well as compensations to set a model in reviewing the importance of human rights to a nation and its citizens. First of all, the text wholly examines the recorded documents regarding the Gwangju Uprising, second, it reviews the democratic movements in different periods of Korean history, third, it concretely analyzes the Gwangju Uprising in three ways including the socio-economic background of the city of Gwangju, the evolution of the Gwangju Uprising, as well as its comparison to Taiwan's major political movements, fourth, it discusses the reevaluation of the government's position toward the Gwangju Uprising discussing needs for a) a compensation for not stating the real facts and b) institutionalizing revealing the real facts and punishiment of the offenders. Furthermore, by comparing appraisals of democratic movements in different countries including Korea, Taiwan and other countries, it attempts to discuss the hardships Korean nationals have faced in the past in pursuit of freedom and equality, and appeal the fact that the dignity of human beings should not be violated in any way.

As China’s economic strengths and politics power increased, China formed a regional hegemony gradually in the East Asian region. In particular, after China and the ASEAN signed Free Trade Area Agreement, the China’s affect more deeply in Southeast Asia. The East Asian region with the economic and political diversity and regional political relations has shown complex and political fracture zone characteristics then East Asia has the typical “external interference” of features. So the East Asian regional economic integration with the external factors of the U.S. and made some sort of sensitive relationship between East Asia. With China's rapid economic development has become a condition to be regional hegemony in East Asia, and the U.S. worries China has become the leading force in the East Asian integration would result in U.S. forces marginalization in East Asia. Therefore, the U. S. consider China's rise within East Asia as challenges. The paper with The Theory of Hegemony Stability to analysis of why China should be regarded as the East Asian regional hegemony, and how they affect the East Asian regional integration. The U.S., the global level hegemony, has a significant impact in East Asia regional integration and the U.S. compete with China to become the leading force of the East Asian regional integration. Finally, China and the U. S. must through creative programs to resolve conflicts between China and the U. S. in order to avoid interfering with the process of regional economic integration in East Asia.

In a modern democratic country with a constitutional government, the concepts of "citizen," country and society both integrate a very important aspect in the country's institution framework and complement each other; therefore, if we want to transform ourselves into a modern country successfully, we must strive to nurture our own "citizens" that are apt to such kind of society. The concept of "citizen" comes from the western society. It is linked to ancient Greek, Roman, and medieval bourgeoisie of liberal city. Consequently, the concept of "citizenship" also developed complexity. If we would like to establish our own new civil tradition, we must be aware of western concepts and theories as well as our own tradition. In order to inheritance also contains a "creative transformation", and then put into practice. Therefore, this study first distinguishes the concepts of "polites," "civis," "bourgeoisie," and "citizen" from western history, and also discusses the two different kinds of "citizenship" and contemporary meaning. This study intends to understand western concepts and their development, as well as their practice, in order to seek for the concept that matches our society's ideal "citizen" and "citizenship," thus establish the basis of local civis.

This paper examines five time-series forecasting models and fits them to the datasets of yearly, quarterly and monthly visitor arrivals in Taiwan from the United States, Canada and Europe. We then use the resulting estimated models to make ‘out-of-sample’ forecasts over the next 2 years (8 quarters and 24 months). We find that forecasts generated using the autoregressive integrated moving average and fractionally integrated autoregressive moving average models provide more accurate forecasts than those from other models when judged on the basis of mean absolute percentage errors and root mean square errors criteria. If there has been a structure break because of SARS outbreak in early march 2003, the result obtained by assuming a constant parameter structure during the entire period will be suspected. An analysis of the time series, including unit root tests with structural break is carried out as well.

The criminal laws in martial law period, namely, the Espionage Laws of the Period of the Communist Rebellion and the Anti-Insurgency Law are highly politicized in nature. This paper studies the political criminal laws in martial law period from a political analysis. Firstly, in the period of martial law period, the rights of people were severely impaired in that the criminal laws abovementioned were enacted easily. Secondly, as the criminal laws were formal in the form of legislation, the impeachments of such criminal laws were nevertheless regarded as unlawful. Thirdly, the principle of presumption of innocence is affirmed in numerous judicial reviews. Therefore, in the context of Radbruch's philosophy of law, Taiwan is gradually bound by the principle of 'rule of law'. However, it is more critical to consolidate the transitional justice vis-?-vis the unlawful past in the martial law period in Taiwan.

This article deals with philosophical debate on theory and practice in the age of German Enlightenment. It focuses on the diverse and opposite viewpoints of Kant, Hegel and Marx. Kant's attempt to solve the problem "how are synthetic a priori judgment possible?", leads him to develop his theory of knowledge. According to him reality consists of appearances (phenomena) and things-in-themselves (noumena). What we know are only appearances, but things-in-themselves are unknowable. The latter can be he postulated and intuited, but not experienced by our senses. For Kant knowledge is a product of both sense and understanding which provides us with one kind of principles. This is due to the operation of pure reason, whose result is theoretical knowledge. On the other hand, there are also principles based on the concepts of reason which have their own kind of validity, and are not as theoretical knowledge but in terms of practice. This is the basis of Kant's bold separation of the world of theoretical knowledge and science and the practical world of God, morality and human action (especially, freedom of will and autonomy). Thus Kant distinguishes "sensible world" of scientific knowledge from the "intelligible world" of morality, freedom, and good intentions, God and the immortality of soul. Kant's schizoid two-standpoint, two-world, two-self view paves way for his dichotomy of to be and ought to be, necessity and freedom, theory and practice. Hegel tries to overcome Kant's dualism by stressing the desperate journey of consciousness, self-conscious, reason and spirit. Put in other words, he delineates a dialectical, ascending and transcending process of subjective through objective to absolute knowledge. In his major work Phenomenology of Spirit (1807), Hegel explicates the transition from consciousness to self-consciousness not a shift from realism to idealism, but from theory to practice, in theorizing we have a detached view of the world, and so abstract from our position as subjects in the world, whereas in practical activity we act on the world and put ourselves as subjects at the centre of things. Human theoretical attitude concerns their focus on the object, while in their practical attitude they subordinate object to the subject. In fact, Hegel sees no absolute gap between to be and ought to be, between necessity and freedom, between theory and practice. Marx further bridges the chasm between subject and object, necessity and freedom, theory and practice. For him practice means critical and revolutionary activity which determines human theoretical consciousness. On the other hand, there are some theories, especially empirical, techno-scientific and historical knowledge which constitute productive forces, thus guide our action. Such kind of theory is not limited and bound by practical activity. Finally, Marx's own materialist conception of history goes beyond the limitation of practice. For him the dialectical and historical materialism evidence the unity of theory and practice.

This essay deals firstly with the evolution of functionalism in sociology and anthropology. It then treats Merton's distinction between the manifest and latent functions. Subsequently, the focus of the article is on Parsons' theory of social system. Having discussed his career, major writings and essential theoretical contributions, the author dwells on Parsons' four functional imperatives and their relevance to the law as one of the social subsystems. According to him, the law as a mechanism of social control operates in a free and open society in terms of sanction, jurisdiction, legitimation and interpretation with the aid of the legal profession. In addition, Parsons' discussion of contract, employment and property right is highly enlightening and deserves a brief mention. Finally, the treatise critically evaluates Parsons' socio-legal model and supplements it with theoretical modifications and expansions by recent scholars, such as H. Bredemeier, N. Luhmann, G. Teubner and A. Podgorecki.

When Japan took over Taiwan in 1895, a lot of Taiwanese defendedtheir home in a body of "Yi-Ming" (義民righteous people)-a collective civil armed corps. This war was called "Yi-Wei War" (乙未戰爭) which was the biggest scale war that ever occurred at Taiwan territory within the memory of men. Generally, there were two kinds historical standpoints about the Yi-Wei war, one was the viewpoint from the Great China, the other was that from Taiwan. With one consent, the two viewpoints always discussed the war from the beginning of war between the Chin-Japan occurred in 1894 called "Zia-Wu War" (甲午戰爭). What the difference was that the former always narrated the story based on the viewpoint of Great China nationalism, the latter attempted to establish the viewpoint of Taiwan nationalism. Undoubtedly, the two discourses seriously ignored the self-determination of Taiwanese for example the emergency of the Republic of Taiwan, and the ethnical diversities in Taiwan for example the Hakka. The discussions in this article is based on the viewpoint of grassroots and referred to the analytic framework of Fernand Braudel, which we named it the historical standpoint of Yi-Ming. That is, only if should we realize the whys and wherefores of the "Yi-Ming" (righteous people) arose since 1721, we could not touch the truth of the "Yi-Wei War" (乙未戰爭).

Germany has had a long history of contact with people of Muslim origin. Today, over three million Muslims reside in its hetero- geneous and multicultural society. Despite being a tolerant society, the distinctive beliefs regarding marriage in the Koran has created conflict between Christian and Muslim civilizations. Does polygamy conflict with equality between the sexes, public order and local moraland ethical standards? There seems to be no consensus regarding this issue. However, the law is not the guardian angel of morals. Judging from the viewpoint of private international law, there does seem to a way for mutual respect and accommodation. Maybe this may serve as a reference when Taiwan faces a similar problem.

When so-called China Study is being conducted, the first thing ever comes into consideration ought to be whether "China" is a nation-state or not. It seems self-evident in political science nowadays because we all act on the premise that has been affirmed ever since the establishment of modern Westphalian System. All fields of China study root in the same hypothesis which is statism. This essay does not tend to resolve the assumption which has still been taken by most IR theorists but to present another possible epistemology when facing China and to question the idea of applying oneness when researching.