| Summary: | 碩士 === 國立政治大學 === 國家安全與大陸研究碩士在職專班 === 96 === Established in October 1, 1949, the People’s Republic of China constructed its socialistic legal system based on the Soviet legal system by Mao Zedong. However, the system then collapsed because of the Great Cultural Revolution and was not fully recovered until Deng Xiaoping came into power and reconstructed the socialist legal system with his “Stress the construction in one, stress the legal system in the other” policy. After that, Jiang Zemin proposed his “Rule the nation legally and construct a socialism country under the rule of the law” policy and made it an important guideline for the PRC government to “rule the nation legally”. In addition to strengthen the function of legislation, administration and judicature, the propagation and guidance of the party also play an important role in promoting the “rule the nation legally” policy, and the main thought of the policy is to govern the country in accordance of the constitution.
When studying the development of the constitution of the PRC, it is easy to see that the policy against Taiwan is to maintain the “one China” principle, and the methods to do so includes “liberation through military force”, “peaceful liberation”, “peaceful unification and one country, two systems”, “against independency and promote unification”. In 1978, the status of Taiwan was first mentioned in the constitution of the PRC, and in the 1982 version of the constitution, Taiwan was clearly classified as “part of the great territory of People’s Republic of China”, “it is an honorable duty for all people in China, including people in Taiwan, to accomplish the great task of unifying the home country” and stipulated Taiwan as a “special administrative region” to impel “one country, two systems” policy.
As Hu Jintao came into power, under the principle of “rule the nation legally”, the “Anti-secession Law” was approved in the third conference of the tenth session of National People’s Congress in order to fulfill the regulation of the constitution. The policy against Taiwan was clearly regulated by this law. Aside from declaring once again the “one China”, “peaceful unification”, “one country, two system” policies, this law indicated that efforts must be made to promote cross-straight communications and to win over sentiment of Taiwan people positively, hoping to achieve the goal of “peaceful unification”. On the other hand, unpeaceful methods shall be taken against Taiwan independence activity. However, the Anti-secession Law was not properly set up when it came to legislation procedure, limiting government power and protecting people’s rights and still far, far away from the goal of “rule the nation legally”.
To put the “Anti-secession Law” into practice, PRC government put it in three phases, the phase regarding Taiwan, the phase regarding the nation and the international phase. In the Taiwan part, PRC government remains the “soft and hard” strategy, promoting cross-straight communications in one hand, and preparing for unpeaceful methods in the other. In the part regarding the nation, efforts have been made to make up to Taiwanese businessmen and to promote related laws. As for the international part, Taiwan’s international space is still suppressed. PRC government also announces that the Anti-secession Law is a law for the maintenance of peace. It is worth thinking how Taiwan government should react and respond upon facing the threat generated by PRC government putting the law into practice by the guidance of the party, by military force and by united front patterns.
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