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由于历史与现实的特殊原因,两岸处理跨界迁移者的成员身份,不同于其他迁移至两岸的境外人士。论文尝试以跨两岸迁移者的社会公民权为分析对象,探讨两岸提供何种身份待遇给予来自对岸的公民,并形塑跨两岸迁移者特殊的权利地位。研究发现:第一,两岸双方纳入跨两岸迁移者存在不对称格局,台湾地区对大陆地区人民有着比对外国人更严格的管制,但大陆对待台湾居民却逐渐朝“超最惠待遇”或“正常公民待遇”的方向前进。第二,人员身份纳入体制受到两个标准影响:对当地经济有贡献或是基于家庭伦常。台湾的政策已服膺第二种标准;至于第一种标准,台湾正努力摒除政治力的干扰以接纳大陆地区人民来台。反观大陆的政策正逐渐以不带限制的“两岸一家亲”态度接纳所有身份类别的台湾居民。第三,因为历史与现实的特殊原因,两岸皆以“户籍身份”作为公民权利赋予的机制,设立户籍为取得当地公民身份的必要条件。
Due to the historical and practical reasons, cross-strait cross-border migrants are different from other overseas migrants who move to cross-Strait. The thesis attempts to analyze the social citizenship rights of migrants across the Taiwan Strait as an analysis object and explore what kind of identity treatment the two sides of the strait provide to the citizens from the other side and shape the special rights of migrants across the Taiwan Strait. The findings are as follows: First, the two sides of the Taiwan Strait and the Taiwan Strait encompass cross-Strait migration as an asymmetrical pattern. Taiwan has more stringent control over foreigners in mainland China than mainland China. However, the mainland’s treatment of Taiwanese residents has gradually shifted towards “ultra-preferential treatment” Or “normal citizenship” direction. Second, the incorporation of personnel into the system is influenced by two criteria: it contributes to the local economy or is based on family ethics. Taiwan’s policy has been honored with the second criterion. As for the first criterion, Taiwan is trying its best to eliminate political interference so as to admit people from the mainland to come to Taiwan. In contrast, the Mainland’s policy is gradually adopting Taiwan’s attitude of accepting all identities as its unilateral, “pro-Taiwan” attitude. Third, because of the special reasons of history and reality, both sides of the Taiwan Strait are based on the principle of census register as a mechanism for the granting of civil rights. The establishment of household registration is a necessary condition for obtaining local citizenship.