| 英文摘要 |
Immigration and refugees seeking asylum are part of human history. The legal policy and laws related to immigration and asylum are always in connection with the international relationship, the political situation, economic situation, and the capacity of the social system of the immigration countries and emigration countries. Therefore, the related laws are often complicated and subject to changes frequently. The difference between the refugee and the immigrant is that the laws for immigrants are focused on their regulation and control, while the laws for refugees are focused on their protection and humanitarian residence. This means even if the asylum applications are rejected or the applicants are considered not qualified as refugees, they still have temporary rights to stay in the country and to receive certain social benefits during the application process. As one of the few countries that does not have refugee law, Taiwan does not have any asylum law or refugee law that is complete and consistent with humanitarian principles. It is necessary to research and start relevant legislations. This article analyzes the asylum and refugee legal regimes in the European Union and in Germany with a special focus on analyzing the substantive laws, such as the EU asylum laws, international refugee protection regime, and the right to asylum in German constitution. The last part of this article reviews Taiwan refugee bill and compare with and take a leaf out of the refugee laws of EU and Germany. The review includes addressing issues related to the non-typical refugees from mainland China, Hong Kong, Macao, setting the requirements on seeking asylum and the qualification of the refugee status, choosing the legislation model, the application review by the authority and the courts, approaches to integrate the refugees after they receive the permits to stay in Taiwan in the hope that this may contribute to the development of refugee legal regime in Taiwan. |
