论我国台湾地区“司法院”大法官解释两岸关系的方法

我国台湾地区"司法院"大法官凭借所谓"释宪"机制,在两岸关系发展中扮演着重要角色。其针对两岸关系,已作成"法统"型、权利型、制度型三类共16个解释。大法官在解释两岸关系时,综合运用了文义、论理、历史、体系等传统解释方法,以及"政治问题不审查"、"结果取向解释"以及"宪法解释宪法"等新兴解释方法。经过数十年的发展,大法官在选择解释两岸关系的方法时,表现出所谓"去政治化"倾向。而"台独"分裂势力也正是利用大法官解释两岸关系时的"去政治化"倾向,力图通过维持形式上"中立"的法学方法,为其"台独"目的提供"正当化"外衣。

Method Adopted by Chief Justice in the "Court of Justice "in Chilin's Taiwan to Interpret the Relation between Taiwan and the Mainland

Chief Justice in China's Taiwan "court of justice," with his so-called interpretation of constitution,has played a dishonorable role in the development of the relation between Taiwan and the mainland,whose interpretation,in respect of the relation,can be classified into 3 sorts("legal unifying" type,right type and institution type),including 16 explications.While interpreting the relation between the two sides of the Taiwan Strait,he has adopted traditional methods in respect of semantics,ethics,history,institution,etc.,and newly-devised ones such as "no-review of political issues," "result-oriented construction" and "interpreting constitution with constitution." With decades passing by,in following the method to interpret the relation between Taiwan District and the mainland,chief justice has developed a "de-politics" tendency,which serves as the very apparatus that the secessionists in Taiwan wield to try in vain to legitimate "independence of Taiwan" by way of maintaining a formal "neutral" way of jurisprudence.