法的价值与台湾当局对祖国大陆经贸交流的规范选择

法的价值是社会价值系统中的子系统,一般包括公平、自由、平等、安全、效率和秩序等内容。涉外经济法蕴涵了现代公认的法的共同价值,但又有自身的调整视角与运作模式。以此为参照,检视台湾地区相关祖国大陆经贸法规,显见其与法的价值出现了明显背离,并严重窒碍了两岸经贸关系的正常发展。究其原因,就规范角度而言,可归结于规范选择的偏差,即政策超越了其所应扮演的角色,特别规范及"公法"规范泛化并沦为执政者限制两岸经贸往来的工具。

The Value of Law and Taiwan Authorities' Criterion Choice on Economy and Trade Exchange with China Mainland

The value of law is a branch of the social value systems. Generally, it includes such contents as equity, freedom, equality, security, efficiency and order. The economic law concerning foreign affairs contains the law's common values which are recognized contemporarily. But it also has its own vision of adjustment and the operational patterns. Compared to this, the laws of Taiwan which are related to the mainland's economy and trade are obviously deviated the law's values. Hence it blocks the development of the relationship of economy and trade between mainland and Taiwan. There are several reasons for that. But referred to the criterion, it can be attributed to the deviation of the criterion choice, that is, the policy goes beyond its role, especially the criterion and the "public law" has become extensive and the tools which the man in office uses to limit the economy and trade exchange between mainland and Taiwan.