Comment: Promulgating a list of diehards of "Taiwan independence" is a sharp sword to rule "independence" according to law

　　In recent years, the DPP authorities have stubbornly adhered to the separatist line of "Taiwan independence" and refused to accept the "92 Consensus" that embodies the one-China principle; they have manipulated "de-sinicization" in various fields and deliberately instigated cross-strait hostility; .

Especially since 2019, the so-called "National Security Five Laws" have been revised and the "reverse osmosis law" has been adopted to "enemy the mainland".

The risk of implementing "de jure Taiwan independence" through a "referendum" and "constitutional amendment" is rising.

Obviously, the "Taiwan independence" separatist forces have embarked on a path of no return.

If we do not forcefully contain it, cross-strait relations will inevitably lead to disaster.

Recently, media at home and abroad have reported that relevant mainland authorities are planning to formulate a list of "Taiwan independence" diehards and will impose severe sanctions on them in accordance with the law.

In fact, for many years, people in the mainland academic circles have suggested that "independence" be ruled by law and researched and formulated a list of "Taiwan independence" elements. They believe that such a list has sufficient legal basis and legitimacy.

　　The "Constitution of the People's Republic of China" clearly stipulates that "Taiwan is part of the sacred territory of the People's Republic of China. It is the sacred duty of the entire Chinese people, including Taiwan compatriots, to complete the great cause of reunifying the motherland."

The Anti-Secession Law emphasizes that “there is only one China in the world, and both the mainland and Taiwan belong to one China. China’s sovereignty and territorial integrity are indivisible. It is the common obligation of all Chinese people, including Taiwan compatriots, to safeguard national sovereignty and territorial integrity. "The state will never allow the'Taiwan independence' separatist forces to separate Taiwan from China in any name or in any way."

The National Security Law of the People’s Republic of China states that “China’s sovereignty and territorial integrity cannot be violated or divided. It is the common obligation of the entire Chinese people, including compatriots in Hong Kong, Macau and Taiwan, to safeguard national sovereignty, unity and territorial integrity.”

　　The principle of national sovereignty is a basic principle of international law.

Regarding the crimes of secession of the country, various countries may use the criminal code, or the combination of the criminal code and the subsidiary criminal law, or use separate national security legislation or separate criminal legislation to regulate.

The crime of secession is generally included in the first chapter of the national criminal law, and the penalty is more severe than that of the general crime. Depending on the severity of the circumstances, it can be sentenced to fixed-term imprisonment or life imprisonment.

　　The "Criminal Law of the People's Republic of China" has made detailed provisions on crimes endangering national security, forming a systematic criminal legal system to prevent and punish crimes endangering national security.

The first chapter of the Criminal Law stipulates that of the twelve charges of "crimes endangering national security", three of them are directly related to the crime of secession of the country, including the crime of "secession of the country" (Criminal Law Article 103, paragraph 1) and "inciting to split the country" "Crimes" (Article 103, Paragraph 2 of the Criminal Law), "Crimes of Funding Criminal Activities Endangering National Security" (Article 107 of the Criminal Law).

Pursuant to Article 103, paragraph 1, “Those who organize, plan, and implement secession or undermine national unity, the chief or the crime is serious, shall be sentenced to life imprisonment or more than ten years; for those who actively participate, they shall be sentenced to more than three years A fixed-term imprisonment of not more than ten years; other participants shall be sentenced to not more than three years of fixed-term imprisonment, criminal detention, surveillance, or deprivation of political rights.” According to Article 103, paragraph 2, “whoever incites to split the country or undermines national unity shall be sentenced to not more than five years Fixed-term imprisonment, criminal detention, surveillance, or deprivation of political rights; chief elements or serious crimes shall be sentenced to fixed-term imprisonment of more than five years.” Article 107 stipulates that “domestic and foreign institutions, organizations or individuals fund the implementation of this chapter...Article 103 ...For the specified crimes, the directly responsible person shall be sentenced to not more than five years of fixed-term imprisonment, criminal detention, surveillance, or deprivation of political rights; if the circumstances are serious, he shall be sentenced to not less than five years of fixed-term imprisonment." The Criminal Law specifically conspires with foreign forces to commit crimes of secession. Provision for heavier punishments.

According to Article 106, “colluding with foreign institutions, organizations, or individuals to commit crimes as set forth in Article 103 of this chapter... shall be severely punished in accordance with the provisions of each article”.

　　Both the National Security Law and the Anti-Secession Law stipulate that all Chinese people, including Taiwan compatriots, have the common obligation to safeguard national sovereignty, unity, and territorial integrity.

The National Security Law further stipulates that “any individual or organization that violates this law and related laws, fails to perform the obligation to maintain national security, or engages in activities that endanger national security, shall be investigated for legal responsibility in accordance with the law.” The above-mentioned legal provisions constitute the law to pursue “Taiwan independence” diehards in accordance with the law. The direct basis of responsibility.

In particular, when the jurisdiction of the Taiwan region is unwilling or unable to govern, national jurisdiction, as the last judicial barrier to safeguard national security, has more sufficient rationality and legitimacy to exercise jurisdiction.

According to international practice, the national criminal law also provides a protective jurisdiction system. Anyone who endangers China's national security anywhere will be subject to China's criminal jurisdiction.

"Taiwan independence" elements carrying out criminal activities of separatism in foreign countries are also subject to Chinese judicial sanctions.

　　It must be pointed out that Taiwan's current basic normative framework is still a "one country, two regions" system.

Safeguarding the sovereignty and territorial integrity of the country is the mutual obligation of both sides of the strait.

The political confrontation between the two sides of the Taiwan Strait has not resulted in the reconstruction of sovereignty and the division of territory, and it must not be an excuse for creating national division.

Taiwan’s criminal system originally had provisions on “crimes of civil strife” and “crimes of foreign aggression”, and those who “conspired to foreign countries”, “change the national constitution” and change the affiliation of the country may be sentenced to life imprisonment or even death.

Once the list of "Taiwan independence" diehards is published, the "Taiwan independence" elements on the list will most likely enter the national criminal justice process and become suspects of secession crimes.

National law enforcement and judicial organs will take all necessary measures, including all necessary means such as wanted, restriction of entry and exit, property seizure and freezing of seizures, as well as the implementation of international criminal judicial assistance methods such as extradition and repatriation of suspects who have absconded abroad, to promote the arrest of the suspects. , Brought to justice.

Before the suspects included in the list are brought back to justice, the wanted person will not be subject to the statute of limitations, and the wanted person will follow him for life.

　　It must be pointed out that the purpose of introducing the list of diehards of "Taiwan independence" is to concentrate the attack on a small group of "Taiwan independence" chief elements, so as to curb the arrogance of the "Taiwan independence" forces, maintain the peaceful development of cross-strait relations, and maintain the peace of the motherland. Unified possibility.

Obviously, the list will not harm ordinary Taiwanese people, nor will it affect the normal economic and trade cooperation, cultural exchanges, and social exchanges between the two sides of the strait. On the contrary, it will help stabilize cross-strait relations.

The introduction of such a list will surely smash the dreams of "Taiwan control China" and "gradual Taiwan independence" of hostile forces at home and abroad.

Under the anger and depravity, all kinds of slander, slander, and verbal abuse are not difficult to imagine, and all kinds of distortions, misunderstandings and prejudices will follow.

All forces that condone and support "Taiwan independence" must fully realize the determination and will of the Chinese government to firmly safeguard national sovereignty and not allow Taiwan to separate from the territory of the motherland!

All those who have illusions and misconceptions about this must wake up, and all those who engage in "Taiwan independence" separatist activities must rein in the brink!

(Yin Baohu, Secretary-General of the Law Research Association of Cross-Strait Relations)