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The country had been divided and governed separately by KMT and Communist Party since 1949, and a large number of soldiers had stayed in Taiwan. While the government lifted restrictions on family visits in 1987, many unmarried or remarried veterans can find wives or original spouses, and people on both sides of the Taiwan Strait began to contact. In 1994, the Government announced the "Southward Policy", openly encouraging Taiwan businessmen to invest in Southeast Asia. With the outflow of funds in Taiwan, the trend of Taiwanese men marrying to foreign spouses was gradually increasing. According to the statistics of the National Immigration Agency, to the end of December 2011, the number of marriage migrants in Taiwan had reached 459,390. These new immigrants have crowded under the indigenous groups to become the fourth largest ethnic group in Taiwan. These large amount of new immigrants will have a significant impact on Taiwan''s political, cultural, economic, social and demographic structure.
In 2009, Taiwan signed and approved the Two Covenants by President Ma Ying-jeou, and published the Two Covenants Enforcement Act at the same time, making it not only be an international law but a domestic one. While Taiwan is advertised as a “nation of human rights”, whether the basic rights (such as human rights, family reunification, employment, residence for naturalization, civil rights, etc.) of the immigrants which are increasing year by year are proper treated and respected; whether the government''s immigration policy advances with the times to be more opened and pluralistic with the trend of globalization; whether the related immigration rules are in line with the spirit of the Two Covenants on the protection of human rights; what the level and the attitude is that Taiwanese can accept foreign immigrants, above are all the issues of this study.
By using literature analysis and comparative research method, this research conducts data analysis and sorting, from the relevant academic writings, the amendment history in public service, the legal system of the Legislative Yuan, project study report, related journal papers, website, and statistics of relevant governmental department, etc., and adds the information collected in the practical work, to explore the origin, development, regulations, and the differences, and analysis differential reasons of the system about Chinese spouses and foreign obtaining civil rights.
The study finds out that because of the special historical background and divided and confrontation relationships between the cross-strait, it appears unequal while the government are studying and drawing the management systems and regulations between Chinese spouses and foreign ones. In order to comply with the founding spirit by human rights, and balance the interests in Taiwan between Chinese spouses and foreign ones, this study proposes that the Government should formulate appropriate marriage and immigration policy, and strengthen immigration counseling management mechanism, both side of the Taiwan straits set up agencies, improving immigration rules and supporting measures, and constructing multiple inclusive society.
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