| 英文摘要 |
According to the Convention on the Rights of the Child (CRC), article 9: States Parties shall ensure that a child shall not be separated from his or her parents against their will.In order to implement the “Convention on the Rights of the Child”, the President promulgated the “Implementation Act of the Convention on the Rights of the Child”, requiring government agencies at all levels to conduct regulatory review in accordance with all provisions of the CRC.There is a considerable proportion of transnational marriages in Taiwan, but the relevant immigration and cross-strait (between Taiwan and the Mainland China) laws and regulations do not necessarily comply with the provisions of CRC, Article 9. The author has jointly proposed a number of amendments with scholars in related fields, the amendments which has entered the revision process are as following:1. Foreign spouses will be able to apply residence if there are their minor children in Taiwan.2. Foreign and China spouseswill be allowed to continuetheir residenceafter divorce if they need to raise or visit their minor children in Taiwan.3.The permanent residence permit may not be abolished if the probation is announced.4. Relax the restrictions on the adoption of the children of China spouses.In the future, the continuous issues include: the rationality of abolition of theresidence permit, the procedure of depriving foreign spouse’s residency rights should be returned to judicial review, etc., which will enable the policy to achieve a more appropriate balance between national security and children’s rights in Taiwan. |
