| Summary: | 碩士 === 國立臺灣海洋大學 === 海洋法律研究所 === 93 === “Illegal entry and exit” is a global criminal problem. What makes a country become the exporter or importer of illegal entry and exit crimes? It may due to political, economical, social or other reasons. However, each country has its specific territory and the jurisdiction for its territory. In order to conserve the integrity of the country’s territory, citizens of other countries needs to go through certain process or get the permission so that they will be able to enter or exit the country. The so-called “illegal entry and exit” is that people go in or out the country without going through specific process or getting the permission.
Because of the special political requirement, Taiwan uses different the terms of immigration on different subjects. Moreover, different statutes were established according to different situations, such as Country Safety Act, The Immigration Act, Act Governing Relations Between Peoples of the Taiwan Area and the Mainland Area, Act Governing Relations with Hong Kong and Macao and Passport Statute. The sanction for a criminal behavior is not the same in different regulations. For instance, the immigration for the citizens of Mainland area, Hong Kong and Macao is regulated in two different Acts. Nevertheless, the punishment system is diverse even in those Acts. The regulation suitable for the citizens of Mainland China who enters Taiwan area without permission is different from that suitable for the citizens of Hong Kong and Macao who enter without permission. The minimum punishment is limited imprisonment that is under five years. (Act Governing Relations with Hong Kong and Macao, Article 47 I) However, the maximum punishment is limited imprisonment that is one year between seven years. (Act Governing Relations Between Peoples of the Taiwan Area and the Mainland Area, Article 79 I) It is doubted why the punishment under two regulations is discrepant toward the same illegal behavior. Does the discrepancy disobey the equal principle? Although the criminal law of Mainland China is not complete, even containing the thoughts of socialism, the criminal regulations of it are integrated and unified in the criminal law. We will probably take it as a model when we modify the law in the future. Even if we are not going to achieve the goal in the short term, it is possible for us to integrate the regulations of different Acts but with similar characteristics, such as those related or similar regulations in Act Governing Relations Between Peoples of the Taiwan Area and the Mainland Area, Act Governing Relations with Hong Kong and Macao, Country Safety Act and The Immigration Act. By doing so, the regulations will be more dedicated and less complicated, which offers greater convenience to the people.
The documents related to entry and exit in our country is dependent on the administration law or the point of view of administrative management. It is rarely that the problems of illegal entry and exit are discussed from the criminal regulations or the point of view of criminal sanction. In this article, I study the effects of the criminal law differences between Mainland area and Taiwan by the means of revealing the serious problems of illegal immigration. Hopefully, it is helpful for the future modifications of related laws by studying the illegal entry and exit problems between Taiwan and Mainland China from different points of view.
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