According to a report by Hong Kong’s Ta Kung Pao on November 15, relevant authorities in the mainland are studying and formulating a list of “Taiwan independence” diehards, and will impose legal sanctions on “Taiwan independence” diehards and their main supporters, and will be held accountable for life.
As soon as the news came out, public opinion aroused great concern, believing that this was a major measure taken by the mainland to combat and contain "Taiwan independence."
Looking back on the past few years, the "Taiwan independence" forces on the island have relied on their advantages in full "ruling", and they have expanded themselves and become extremely arrogant.
They hold foreign self-respect, wantonly "seeking independence", frantically inciting hostility towards the mainland, heightening cross-strait confrontation, and even attempting to promote "constitutional amendment", "constitution" and "referendum" to seek "legal Taiwan independence."
The "Taiwan independence" forces seeking "independence" and provoking a serious challenge to the one-China principle seriously endanger the peace and stability of the Taiwan Strait and must be severely punished.
It is imperative for the mainland to study and formulate a list of diehards of "Taiwan independence".
Sufficient source of law
The Mainland’s draft list of “Taiwan Independence” diehards has sufficient legal legitimacy, and its source of law is based on the Constitution of the People’s Republic of China, the Anti-Secession Law, the Criminal Law of the People’s Republic of China, the National Security Law of the People’s Republic of China, and other relevant laws. Laws and regulations, especially the "crime of secession" in the "Criminal Law of the People's Republic of China" and the statute of limitations for prosecution provide a direct source of law for drawing up the list and lifelong accountability.
One is the "Constitution of the People's Republic of China."
The preamble of the Constitution clearly states: "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."
As the country's fundamental law, the constitution is the highest guiding document for the mainland to deal with Taiwan-related issues, and it is also the most fundamental basis for drawing up a list of "Taiwan independence" diehards.
The second is the "Anti-Secession Law."
The first article of the law clearly stated the purpose of the legislation, that is, "in order to oppose and contain the'Taiwan independence' separatist forces to split the country, promote the peaceful reunification of the motherland, maintain peace and stability in the Taiwan Strait region, safeguard national sovereignty and territorial integrity, and safeguard the fundamentals of the Chinese nation. Interests.” Article 2 of the law also expressly stipulates: “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. Safeguarding national sovereignty and territorial integrity is the whole of China, including Taiwan compatriots. The common obligation of the people. Taiwan is part of China. The country will never allow the separatist forces of'Taiwan independence' to separate Taiwan from China in any name and in any way." The above provisions are also an important legal basis for drawing up the list of diehards of "Taiwan independence".
The third is the "National Security Law of the People's Republic of China."
The second paragraph of Article 11 of the Law stipulates: "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, Macao and Taiwan, to safeguard national sovereignty, unity and territorial integrity."
Article 13 of the law stipulates: “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.” This is also important for drawing up a list of diehards of “Taiwan independence” Legal basis.
The fourth is the "Criminal Law of the People's Republic of China."
First, in accordance with the principle of territorial jurisdiction stipulated in Article 6 of the law, as long as a crime is committed within the territory of the People's Republic of China, the mainland judicial organ has jurisdiction.
Taiwan is part of the Chinese territory, so the mainland judicial organs have jurisdiction over criminal acts in Taiwan that violate the Criminal Law of the People’s Republic of China.
Secondly, in accordance with the principle of personal jurisdiction stipulated in Article 7 of the law, the mainland judicial organs have jurisdiction over all crimes committed by citizens of the People's Republic of China, even if they occur in foreign countries.
According to the Constitution and related laws and regulations, residents of Taiwan are citizens of the People's Republic of China.
Third, Article 103 of the "Criminal Law of the People's Republic of China" stipulates the following provisions on the "crime of secession": "Those who organize, plan, or implement secession of the country or undermine national unity shall be sentenced to life imprisonment for the chief or the crime of seriousness. Or imprisonment for more than ten years; those who actively participate shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; for others who participate, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights. Inciting to split the country or undermining national unity , Is sentenced to not more than five years of fixed-term imprisonment, criminal detention, surveillance, or deprivation of political rights; the chief element or who commits a serious crime shall be sentenced to more than five years of fixed-term imprisonment.” Article 113 stipulates: “The above-mentioned crimes against national security in this chapter shall be excluded In addition to Article 103, paragraph 2..., those who are particularly harmful to the country and the people and whose circumstances are particularly bad may be sentenced to death." Regarding "lifetime accountability", the fourth paragraph of Article 87 of the Law stipulates: " If the statutory maximum penalty is life imprisonment or the death penalty, after 20 years. If prosecution is deemed necessary after 20 years, it must be reported to the Supreme People’s Procuratorate for approval.” Article 88 stipulates: “In the People’s Procuratorate, public security organs, and national security Authorities who file a case for investigation or evade investigation or trial after accepting a case in a people’s court are not subject to the time limit for prosecution.” The above-mentioned provisions are the direct legal basis for drawing up the list of “Taiwan independence” diehards.
Show strong will
Although Article 8 of the 2005 Anti-Secession Law specifies three situations for non-peaceful methods, the mainland has always insisted that force is the last resort.
The "Taiwan independence" forces are aware of the mainland's mentality of cherishing peace and cautiously using force, so they play a "side ball" and advance step by step toward "de jure Taiwan independence" without directly touching the mainland's bottom line of using force.
What is especially incredible is that the "Taiwan independence" forces have not only failed to fully understand the goodwill of the mainland "Chinese people not attacking the Chinese", but mistakenly believe that this is the mainland's helplessness towards "Taiwan independence" activities.
The drafting of the list of diehards of "Taiwan independence" this time is a major countermeasure adopted by the mainland in response to the increasingly severe provocation of "Taiwan independence".
From the perspective of the anti-"Taiwan Independence" process, this is another major measure to be issued by the mainland after the "Anti-Secession Law" was enacted in 2005. This demonstrates the mainland's firm determination and will to oppose the "Taiwan Independence" separatist activities.
First, the drafting of the list of diehards of "Taiwan independence" is an important step and manifestation of the mainland's implementation of sovereign jurisdiction over the Taiwan area. It is also a resounding comment on the "Taiwan independence" elements that "the mainland has not exercised jurisdiction over Taiwan in a day" Response.
Second, drafting a list of diehards of "Taiwan independence" is a sword of justice that the mainland has shown toward "Taiwan independence."
As long as the "Taiwan independence" diehards on the list are still alive, the mainland will continue to arrest them.
As long as they leave Taiwan, they face the risk of arrest and trial.
Taking a step back, even if they do not leave Taiwan temporarily, the mainland will continue to hold them criminally responsible until the two sides of the strait are reunified.
Third, the drafting of the list of diehards of "Taiwan independence" is a new measure taken by the mainland to crack down on "Taiwan independence" by using peaceful judicial means while cautiously using non-peaceful means. It is the expansion and improvement of the mainland's anti-"Taiwan independence" means and the implementation of it. The central government's strategy of comprehensively advancing the rule of law in the work related to Taiwan is embodied.
Fourth, the use of judicial means to combat "Taiwan independence" still belongs to the category of peaceful means. It not only shows the mainland's sincerity in adhering to the peaceful development of cross-strait relations and promoting the peaceful reunification of the two sides, but also shows that the mainland attaches great importance to the lives of Taiwan compatriots.
Targeting "Taiwan Independence"
The mainland draws up a list of "Taiwan independence" diehards and pursues criminal responsibility for extreme "Taiwan independence" elements. The main targets are the very few diehards on the island who are involved in "independence" speech and seek bad "independence" behaviors and their main supporters. This is by no means aimed at ordinary Taiwan compatriots.
The mainland adheres to the principle of "two phases." One is to distinguish "Taiwan independence" elements from ordinary Taiwanese people, and the other is to distinguish "Taiwan independence" diehards from bewitched "Taiwan independence" followers.
The draft list this time is mainly aimed at a very small number of "Taiwan independence" diehards, rather than the broad masses of Taiwan compatriots.
As far as the diehard "Taiwan independence" elements are on the list, as long as they wake up in time and turn their heads back, they can strive for leniency through the method of "putting crime and meritorious service".
The mainland will, according to the degree of change in its position and attitude, and the level of meritorious service, will be lighter, mitigated, or exempt from punishment in accordance with the law.
For those "Taiwan independence" elements who are not included in the list, they should rein in the precipice as soon as possible and know when they are lost.
I hope they can see the general trend of the future clearly and deeply understand that "Taiwan independence" is a dead end.
As General Secretary Xi Jinping pointed out in his important speech at the commemorative meeting to commemorate the 40th anniversary of the publication of "Taiwan Independence": "'Taiwan independence' is a historical countercurrent and a dead end." "We are willing to create a vast space for peaceful reunification, but Never leave any room for various forms of'Taiwan independence' separatist activities."
The mainland will, as always, implement the policy of pinning its hopes on the people of Taiwan, broadly unite with Taiwan compatriots, and jointly oppose "Taiwan independence."
What needs to be pointed out in particular is that since the mainland wants to study and formulate the list, it means that the mainland has fully considered the strength and ability of implementation.
I advise "Taiwan independence" elements not to be lucky.
The ancients said: "A person who knows the current affairs is a brilliant man", and if he moves against the trend of history, he will be eliminated by history.
It is hoped that the broad masses of Taiwan compatriots will draw a clear line and keep their distance from the "Taiwan independence" forces, join the group that supports the peaceful development and peaceful reunification of cross-strait relations, and join hands with the mainland to realize the Chinese dream of the great rejuvenation of the Chinese nation.
(Author: Wang Ying-chun, director of Renmin University of China Research Center cross-strait relations, Professor)