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影片摘要

影片摘要
2026/01/09

兩岸條例更名提案爭議!大法官如何解釋《兩岸條例》?釋字618、712號解釋怎麼說?|#廖震談時事 EP119


Based on the video content, the following summarizes its main arguments:

  • Democratic Progressive Party (DPP) Legislator Lin Yi-chun (林宜瑾) proposed an amendment to the "Act Governing Relations Between the People of the Taiwan Area and the Mainland Area":

    • She proposed to rename the "Act Governing Relations Between the People of the Taiwan Area and the Mainland Area" to the "Act Governing Relations Between Taiwan and the People's Republic of China."
    • She advocated for the deletion of the phrase "before national unification" from the original provisions and to use terminology that treats the territories as belonging to two distinct countries, to further align the legal provisions with basic facts.
    • The rationale for the proposal is: Taiwan and the People's Republic of China are not subordinate to each other, and Taiwan is not governed by the People's Republic of China, which is a basic international understanding. The current law regulates relations between the two with a "wishful, fantastical worldview," treating their territories as falling under the same sovereign reach, which is detrimental to our country's efforts to unite with democratic allies to resist the threat from the People's Republic of China.
    • This proposed amendment aims to clarify the "state-to-state equal relationship" between Taiwan and the People's Republic of China, and to demonstrate Taiwan's determination to cherish democracy and peace, while opposing aggression, anti-colonialism, and the internalization of the Taiwan Strait issue.
  • The video's rebuttal to Lin Yi-chun's proposal and elaboration on the constitutional framework:

    • Definition of "Nation" before National Unification: For the Republic of China (ROC) Constitution, the "nation" referred to in the phrase "before national unification" in the preamble to the Additional Articles of the Constitution is only one nation, namely the "Republic of China," and not the People's Republic of China.
    • Relationship Between Law and Reality: Laws do not necessarily need to perfectly conform to objective facts. Similar to institutions in civil law such as the suspension of prescription periods or the legitimation of non-marital children, law can deal with real-world situations through legal fictions. The Constitution can also adhere to the Republic of China's national sovereignty framework while making necessary adjustments and regulations.
    • **The Cross-Strait Framework of