A Tentative Study on the Penalty Norms of the Ordinance on People's Relations between Taiwan and Mainland China

Ever since the Regulation on People's Relations between Taiwan and Mainland China (hereinafter referred to as the Regulation on Cross-Strait People's Relations) was published by Taiwan government on July 31st, 1992, and issued by Executive Yuan (81) on September 16th that year to be implemented from September 18th, it has been amended for 17 times, and the penalty part has also been revised for several times. Because there are many norms of the penalty clauses in Chapter V, after inspection the regulatory agencies' legislation adopts the "highly regulating" principle, which is to strictly manage with the "permission" approach. This is unfavorable for cross-strait relations. After inspection, a number of clauses have high-threshold provisions, accompanied by high penalty and high fine in penalty norms, which has hampered the free operation of the market mechanism, and government's overregulation will result in negative external effects and harm of over-regulation.