摘要
以国际私法中法律冲突理论为基础,分析了台湾与大陆的法律冲突,认为这种冲突属于区际法律冲突,并提出了有别于典型区际法律冲突的三个特点。《台湾地区与大陆地区人民关系条例》是台湾解决与大陆法律冲突的规范性文件,该条例将海峡两岸法律冲突定位于区际法律冲突是符合客观发展要求的,但仍存在保守性。
Based on the theory of conflict law in international private law, the legal conflict between Taiwan and China's Mainland is analyzed. It is considered that the conflict belongs to the regional legal conflict. Three new characteristics different from the traditional regional legal conflict are put forth. Regulations on the relation of people between Taiwan and China's Mainland is the fundamental document to solve the legal conflict between Taiwan and China's Mainland, in which the legal conflict between Taiwan and China's Mainland is defined as regional legal conflict. Yet it is still conservative, the main defects in civil section are pointed out.
关键词
区际法律冲突
一国两制
两岸人民关系条例
保守性
regional legal conflict
one country two systems
regulations on the relation of people between Taiwan and China's Mainland
conservativeness
