Proposed Promotion Law of National Unity of the People's Republic of China (Simplified Chinese: ????????????? ; Traditional Chinese: This proposal has not been directly included in the bill (which was then passed into law). None of the policies (eg federal policies, or new currency, see below) appear in the official PRC anti-secession laws. Although Taiwan was surrendered to Japan under a Shimonoseki treaty ratified in 1895 - then handed over by Japan in 1945 to the Kuomintang Administration - the PRC government regards Taiwan as the 23rd province of the People's Republic of China. The historical claim was based on Taiwan's official incorporation into the Qing empire in 1680. From a political perspective, according to the PRC argument, the government of the Republic of China ceased to be valid after retreating to Taiwan in 1949, and thus all sovereignty and governmental authority in China were automatically transferred to China, including Taiwan which was under the ROC government. The official ROC line holds that it did not stop there in 1949 and continues to function as a sovereign political entity in Taiwan to this day, making the relationship between PRC and ROC similar to those among other countries that are also partitioned (such as North Korea and Korea South). The position of the PRC has been recognized by most other countries but not officially recognized, as most countries prefer to take an ambiguous approach to this issue. View Taiwan's Political Status. Since 1949, the PRC government has demanded that Taiwan unite under the PRC, and has reserved the right to use military force to force Taiwan to do so if necessary. However, a poll conducted in Taiwan has shown that there is very little support for the unification of the PRC term, even among those who support its final unification, making peaceful unification impossible for the foreseeable future. With Chen Shui-bian's re-election to the ROC Presidency, and Taiwan's growing independence sentiment, Taiwan's new identity appears to have appeared on the island as opposed to identification with China. In 2008, the KMT regained the presidency and legislature with a couple of election victories over the DPP. In a series of unsuccessful attempts to change Taiwan's public opinion, several proposals and leaks from PRC organs expressed consideration for a law aimed at formalizing policies for China's reunification between mainland China and Taiwan under the PRC's authority. This culminated in May 2004, when Premier Wen Jiabao announced to a group of Chinese expatriates in London that serious consideration of such a law would be taken. A few days later, Yu's suggestion (similar to green paper) appeared. Video Proposed National Unification Promotion Law
Ketentuan proposal awal oleh Yu Yuanzhou
The draft document has 31 articles, which are organized into 8 chapters. Its provisions touch many constitutional laws.
Article 2 establishes Taiwan as " Taiwan Special Political Location of the PRC , or Taiwan SPA of the PRC for short" (simplified Chinese: ??????? ?? ????? ; traditional Chinese: ?????????????? ); this appears to be a distinct PRC administrative division of the Special Administrative Region supported by the PRC government for Taiwan. Surprisingly, it allows loyal Chinese (or affinity) Chinese people to transiently see the land as " Special Area of ​​ROC's Mainland Politics , or The Main SPA of the ROC" (???? ???????). Article 3 confirms the PRC's aim to implement a 'one country, two systems' policy for Taiwan, which will be realized by military force if necessary.
Article 8 exempts Taiwan from any PRC tax. Chapter 3 proposes the formation of a new common currency called Chinese dollar set by fiat worth 0.1 grams of gold forever.
Two methods of unification are defined as options: The constitutional setting for peaceful unification is found in Chapter 4: The Constitution of the Republic of China used in Taiwan is said to be obsolete; a federation is proposed. Chapter 5 provides the legal basis for non-peaceful (military) unification methods . The conditions for the use of armed forces are established, and explicitly state that the PRC may not limit itself to the use of conventional weapons, implying the use of weapons of mass destruction. Article 18 also provides that Taiwan will be the target of attack if it violates the policies established by the PRC government.
Chapter 6 gives tribute to those promoting unification, while Chapter 7 establishes criminal penalties for separatism - limited to acts committed within the Chinese territory, and actions taken anywhere by Chinese in Mainland, Macau, Hong Kong, and Taiwan.
Article 30, Article 1 provides that the laws and subsequent amendments shall be made by the National People's Congress and signed by the President of the People's Republic of China - in other words, 'Head of State', it is possible to conclude the possibility of different positions after the law is in force; Section 2 states that the permanent part of the law can not be changed unless the treaty then contains 'more favorable' promises (????, but the recipient is not specified); Section 3 states that the law is lower than the Constitution of the People's Republic of China but higher than any other state law.
Maps Proposed National Unification Promotion Law
Reaction
ROC President Chen Shui-bian has expressed serious concern about this proposal, and has expressed doubts that the Taiwanese public will find it acceptable. Chen also pointed out that the proposed legislation is largely intended as a measure to legitimize the Chinese military threat against the ROC. Furthermore, the proposed law will incriminate anyone with an opinion other than those who support the PRC policy on reunification issues. Under dissident law will be prosecuted on treason charges, retroactive up to 100 years, raises serious questions about freedom of speech and civil liberties. Chen stated that the law would only increase the feelings of hostile Taiwanese people against the PRC and increase tension.
It should be noted that the PRC's "one country, two state" policy has been proven to be approved by less than 10% of Taiwan's population in recent polls. In addition, many people also question how the proposed PRC law can apply to areas where the PRC has no jurisdiction. Although some countries officially recognize the ROC as an independent state, most prefer to remain ambiguous about this issue. Taiwan's Political Status is still an ongoing multilateral dispute.
It is unclear to what extent this law or has ever been taken seriously by the PRC authorities. The law is filed by an individual without governmental authority, and there is no formal legal action ever taken by the National People's Congress. After the summer of 2004, references to the proposed legislation on both sides of the strait became scarce, leading many to conclude that it was released by the PRC primarily to measure public opinion. Shortly after this proposal, the PRC enacted the Anti-Persona Act.
See also
- Anti-Legal Act (the last part of related charges)
- Political status of Taiwan
- Chinese Reunification
- Taiwan independence
- Taiwan Relations Act
- Canadian Bill C-20 (counter-independence law of Quebec)
- Secession
References
External links
- Wen Jiabao's report on drafting and passing laws
- an interview with Yu Yuanzhou
- full text of the suggestion document
- Taiwan news editorial on proposed law
Source of the article : Wikipedia
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