海內外交流道

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1989 / 2月



出入境手續再簡化出國免繳戶籍謄本

內政部原則決定,一般人民因觀光等事由出境將可免繳驗戶籍謄本。

內政部召集國防部、經濟部、僑委會、警政署、入出境管理局等有關單位,針對簡化人民申請出境案件手續問題進行研商,並作成初步決議。有關會商結論如下:

——人民申請出境案件使用戶籍謄木項目表,有關公務員、軍人及一般人民再出境部分現行規定已簡化免用戶籍謄本;至於一般人民赴大陸探親仍應繳驗戶籍謄本,其餘因觀光、商務、應聘、應邀、依親、探親等出境可免繳驗戶籍謄本,改以國民身分證影本代替,惟如上列人員攜眷出境,則應加附戶口名簿影印本。

——凡經核准更改姓名案件,由直轄市及縣市政府立即通報內政部警政署入出境管理局,以便審核。

——在本協調結論實施前已更改姓名之資料,請境管局洽請刑事警察局提供。

——原報院尚未簡化的項目中,有關「農礦工商人員出國」及「僑民及國人申請出國」案件,同意改以國民身分證或戶口名簿影印本代替戶籍謄本。

兩岸人民關係暫行條例婚姻及繼承問題初步定案

法務部草擬「台灣地區與大陸地區人民關係暫行條例」專案會議,研商婚姻及繼承問題,在考慮國家安全及社會秩序方面初步決定,過去在大陸已有婚姻關係,但在政府開放探親之前在台灣再婚者,其再婚姻視為有效;繼承方面,大陸繼承人須親自來台方得繼承,其所得遺產為在台繼承人之半。

婚姻方面:一、配偶之一方在大陸無法同居,在台灣的一方,如果在七十六年十一月二日政府開放大陸探親前再度結婚其再婚姻視為有效。二、如前述婚姻關係之雙方,在政府開放探親之前均已再婚,則前婚於最後一方再婚時即視同雙方離婚。

繼承方面:一、大陸人民繼承台灣遺產的基本條件為本人須親自來台繼承。二、基於保障在台人民四十年的奮鬥成果,同一順位的大陸繼承人之應繼分為台灣繼承人之半。三、大陸繼承人對在台遺產中之不動產繼承,將予設限。

專案會議也決定,在條例中明白規定,兩岸人民在大陸發生的任何民事關係,均予承認。

本條例草案,預計於二月送行政院核定後,即可實施。

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Entry-Exit Procedures to Be Further Simplified Eliminating the Need to Sply Household Registration Papers

The Ministry of the Interior has decided in principle that ordinary citizens exiting the country for tourism and other purposes will be able to do so without submitting a copy of their household registration documents for verification. The ministry called together the Ministry of National Defense, the Ministry of Economic Affairs, the Overseas Chinese Affairs Commission, the National Police Administration, and the Bureau of Entry and Exit to study and discuss the question of simplifying procedures for exit applications and reached the following preliminary conclusions:

* The portion of existing regulations regarding applications to exitthe country a second time by government workers, military servicemen, and ordinary citizens will be simplified to eliminate the requirement to submit a copy of household registration documents, except for citizens visiting relatives in mainland China, who must still submit a copy. Otherwise, persons exiting the country for such purposes as tourism, business, employment, or visits to relatives may submit a verified copy of their citizen identification papers instead of their household registration papers; however, if the above-listed persons take family members along with them out of the country, they should attach a copy of their household name booklets.

* The Bureau of Entry and Exit shall be notified immediately through jurisdictional city and county authorities of each approved case of name change.

* The Bureau of Entry and Exit will be asked to contact the Bureau ofCriminal Investigation for information on names changed before the agreement is put into effect.

* Among other items pending simplification, in the cases of "Exits of the Country by Agricultural, Mine, Industrial, and Business Personnel" and "Applications to Exit the Country by Overseas Chinese and Chinese Nationals" it was agreed to replace the use of a copy of household registration documents with the use of a copy of citizen identification cards or household name booklets.

Preliminary Decision on Marriage and Inheritance Questions Between Chinese on Either Side of the Taiwan Strait

In an ad hoc meeting on the "Temporary Regulations on Relations Between People of the Taiwan Area and the Mainland" drafted by the Ministry of Justice, with regard to the questions of marriage and inheritance, in consideration of national security and social order, the following was preliminarily decided:

As to marriage: (1) if a married couple has been unable to reside together because one partner has been living on the mainland and the other on Taiwan, and the partner on Taiwan remarried before November 2, 1987, when the government began allowing visits to mainland relatives, the remarriage will be considered as effective.

(2) If both parties of the aforesaid marriage remarried before November 2, 1987, then the later of the two remarriage dates will be considered the date of their divorce.

As to inheritance: (1) the basic condition for a person on the mainland to inherit property on Taiwan is for the person to come to Taiwan to inherit the property in person.

(2) Based on securing the hard-earned fruits of the people of Taiwan over the past forty years, the amount of property inherited by a person from the mainland shall be half that of a person from Taiwan with equal standing in the order of inheritance.

(3) The ability of persons from the mainland to inherit real estate on Taiwan will be subject to restrictions.

At the meeting it was also decided to stipulate clearly in the regulations that any civil relations occurring on the mainland between people from either side of the Taiwan Strait will be recognized. The draft regulations will go into effect immediately after approval by the Executive Yuan, where they are expected to be sent for review in February.

 

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