Proposed National Unification Promotion Law
Encyclopedia
The proposed National Unification Promotion Law of the People's Republic of China is a document that appeared in early 2004 as a suggestion to create formal a legal basis for the People's Republic of China
's reunification
with Taiwan
. It was authored by a Chinese scholar Yu Yuanzhou (餘元洲), a professor from the Jianghan University
in Wuhan
who does not have a formal governmental position. Although no formal legislative action has been taken on the document, the fact that such a law is up for debate is viewed by many in Taiwan as evidence of hostile intent on the part of the PRC.
This proposal has not been directly incorporated in the bill (which later passed into law). None of the policies (e.g. the federal policy, or a new currency, see below) appeared in the final, official anti-secession law of the PRC.
Although Taiwan was ceded to Japan in the treaty of Shimonoseki ratified in 1895 – then surrendered by Japan in 1945 to the Kuomintang
Administration – the PRC government considers Taiwan
to be the 23rd province of the People's Republic of China. The historical claim is based on the formal incorporation of Taiwan into the Qing empire in 1680. From the political perspective, according to the PRC argument, the government of the Republic of China
ceased to be legitimate following its retreat to Taiwan in 1949, and thus all sovereignty and governmental authority in China was automatically transferred to the PRC, including that of Taiwan which was then under ROC administration. The official ROC line counters that it did not cease to exist in 1949 and has continued to function as a sovereign political entity on Taiwan to the present day, making the relation between the PRC and ROC similar to that between other states similarly partitioned (such as North Korea
and South Korea
). The PRC's position has been acknowledged by most other nations but not formally recognized, as most nations prefer to take an ambiguous approach on the issue. See Political status of Taiwan
.
Since 1949, the PRC government has demanded that Taiwan unify under the PRC, and has reserved the right to use military force to compel Taiwan to do so if necessary. However, opinion polls conducted in Taiwan have indicated that there is very little support for unification on the PRC's terms, even among those who favor eventual unification, making peaceful unification unlikely for the foreseeable future. With the reelection of Chen Shui-bian
to the ROC Presidency, and the growth of Taiwan independence
sentiment, a new Taiwanese identity appears to be emerging on the island as opposed to identification with China. In 2008, the KMT regained both the presidency and the legislature with a pair of election victories over the DPP
.
In a string of unsuccessful efforts to change Taiwanese public opinion, several propositions and leaks from PRC governmental organs expressed consideration for a law aiming to formalize the policy for Chinese reunification
between mainland China
and Taiwan under the authority of the PRC. This culminated in May 2004, when Premier
Wen Jiabao
pronounced to a group of Chinese expatriates in London
that serious consideration of such a law would be taken. http://www.peacehall.com/news/gb/intl/2004/05/200405112113.shtml Several days later, Yu's suggestion (similar to a green paper
) emerged.
.
Article 2 establishes Taiwan as the "Taiwan Special Political Area of PRC, or Taiwan SPA of PRC for short" (中華人民共和國台灣特別政治區); this appears to be an administrative division of the PRC distinct from the Special Administrative Region espoused by the PRC government for Taiwan. Curiously, it allows Chinese people loyal (or having affinity) to the Republic of China
to transiently view the mainland as "The Mainland Special Political Area of ROC, or The Mainland SPA of ROC" (中華民國大陸特別政治區). Article 3 reiterated the PRC's aim to implement the 'one country, two systems
' policy for Taiwan, which would be brought into reality with military force if necessary.
Article 8 exempts Taiwan from any PRC imposed taxes. Chapter 3 proposes the establishment of a new, common currency
called the Chinese dollar set by fiat to be worth 0.1 gram
s of gold
forever.
Two methods of unification are laid out as options: Constitutional arrangement for peaceful unification is contained in Chapter 4: the Constitution of the Republic of China
which is used in Taiwan is said to be obsolete; a federation
is proposed. Chapter 5 provides the legal basis for non-peaceful (military
) methods of unification. The conditions for the use of armed force are set out, and explicitly states that the PRC may not limit itself to the use of conventional weapons, implying the use of weapons of mass destruction
. Article 18 also stipulates that Taiwan will be subject to attack should it defy policy set by the PRC government.
Chapter 6 provides for honours for those promoting unification, whereas Chapter 7 sets out criminal penalties against separatism -- limited to acts carried out within Chinese territory, and acts carried out anywhere by Chinese residents in the Mainland, Macau
, Hong Kong
, and Taiwan.
Article 30, section 1 provides that the law and subsequent changes thereof are to be carried out by the National People's Congress
and signed into force by the President of the People's Republic of China
-- parenthetically, 'Head of State', probably to infer the possibility of a different position once the law takes effect; section 2 provides that permanent sections of the law cannot be changed unless later agreements contain promises that are 'more favourable' (更加优惠, but the beneficiary is unspecified); section 3 states that the law is lower than the Constitution of the People's Republic of China
but higher than any other laws of the land.
Chen Shui-bian
has expressed serious concerns about this proposal, and has expressed doubts that the Taiwanese public would find it acceptable. http://www.ttnn.com/cna/news.cfm/040730/74 Chen also pointed out that the law being proposed is mostly intended as a measure to legitimize the PRC's military threats against the ROC. http://news1.yam.com//chinatimes/focus/news/200409/20040903075456.html Furthermore, the proposed law would incriminate anyone holding opinions other than those supporting PRC policy on the question of reunification. Under the law dissidents would be prosecuted under charges of treason, retroactively effective up to 100 years, raising serious questions about freedom of speech
and civil liberties
. Chen stated that the law would only serve to increase the feelings of animosity of the Taiwanese people towards the PRC and increase tensions.
It is worth noting that the PRC's One country, two systems
policy has been shown to be approved by less than 10% of Taiwan residents in multiple recent opinion pollshttp://www.epochtimes.com/b5/1/7/4/n106193.htm. Moreover, many people also questioned how a proposed PRC law could be applied onto a territory over which the PRC does not have jurisdiction
. Even though few states formally recognize the ROC as an independent country, most prefer to remain ambiguous over the matter. The Political status of Taiwan
is still an ongoing multilateral dispute.
It has been unclear as to the degree to which this law is or was ever taken seriously by PRC authorities. The law
was proposed by an individual without any governmental authority, and no formal action on the law has ever been taken by the National People's Congress
. After summer 2004, references to the proposed law on both sides of the straits became rare, leading many to conclude that it was released by the PRC mainly to gauge public opinion. Shortly after this proposal, the PRC enacted the Anti-Secession Law.
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
's reunification
Chinese reunification
Chinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
with Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
. It was authored by a Chinese scholar Yu Yuanzhou (餘元洲), a professor from the Jianghan University
Jianghan University
Jianghan University is a university in Wuhan, Hubei, China. Its campus is 1.4 km² large, with an additional 0.5 km² under construction. It lies within the Wuhan Economy and Technology Development Zone by the Lake Sanjiao....
in Wuhan
Wuhan
Wuhan is the capital of Hubei province, People's Republic of China, and is the most populous city in Central China. It lies at the east of the Jianghan Plain, and the intersection of the middle reaches of the Yangtze and Han rivers...
who does not have a formal governmental position. Although no formal legislative action has been taken on the document, the fact that such a law is up for debate is viewed by many in Taiwan as evidence of hostile intent on the part of the PRC.
This proposal has not been directly incorporated in the bill (which later passed into law). None of the policies (e.g. the federal policy, or a new currency, see below) appeared in the final, official anti-secession law of the PRC.
Although Taiwan was ceded to Japan in the treaty of Shimonoseki ratified in 1895 – then surrendered by Japan in 1945 to the Kuomintang
Kuomintang
The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...
Administration – the PRC government considers Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
to be the 23rd province of the People's Republic of China. The historical claim is based on the formal incorporation of Taiwan into the Qing empire in 1680. From the political perspective, according to the PRC argument, the government of the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
ceased to be legitimate following its retreat to Taiwan in 1949, and thus all sovereignty and governmental authority in China was automatically transferred to the PRC, including that of Taiwan which was then under ROC administration. The official ROC line counters that it did not cease to exist in 1949 and has continued to function as a sovereign political entity on Taiwan to the present day, making the relation between the PRC and ROC similar to that between other states similarly partitioned (such as North Korea
North Korea
The Democratic People’s Republic of Korea , , is a country in East Asia, occupying the northern half of the Korean Peninsula. Its capital and largest city is Pyongyang. The Korean Demilitarized Zone serves as the buffer zone between North Korea and South Korea...
and South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
). The PRC's position has been acknowledged by most other nations but not formally recognized, as most nations prefer to take an ambiguous approach on the issue. See Political status of Taiwan
Political status of Taiwan
The controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
.
Since 1949, the PRC government has demanded that Taiwan unify under the PRC, and has reserved the right to use military force to compel Taiwan to do so if necessary. However, opinion polls conducted in Taiwan have indicated that there is very little support for unification on the PRC's terms, even among those who favor eventual unification, making peaceful unification unlikely for the foreseeable future. With the reelection of Chen Shui-bian
Chen Shui-bian
Chen Shui-bian is a former Taiwanese politician who was the 10th and 11th-term President of the Republic of China from 2000 to 2008. Chen, whose Democratic Progressive Party has traditionally been supportive of Taiwan independence, ended more than fifty years of Kuomintang rule in Taiwan...
to the ROC Presidency, and the growth of Taiwan independence
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
sentiment, a new Taiwanese identity appears to be emerging on the island as opposed to identification with China. In 2008, the KMT regained both the presidency and the legislature with a pair of election victories over the DPP
Democratic Progressive Party
The Democratic Progressive Party is a political party in Taiwan, and the dominant party in the Pan-Green Coalition. Founded in 1986, DPP is the first meaningful opposition party in Taiwan. It has traditionally been associated with strong advocacy of human rights and a distinct Taiwanese identity,...
.
In a string of unsuccessful efforts to change Taiwanese public opinion, several propositions and leaks from PRC governmental organs expressed consideration for a law aiming to formalize the policy for Chinese reunification
Chinese reunification
Chinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
between mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...
and Taiwan under the authority of the PRC. This culminated in May 2004, when Premier
Premier of the People's Republic of China
The Premier of the State Council of the People's Republic of China , sometimes also referred to as the "Prime Minister" informally, is the Leader of the State Council of the People's Republic of China , who is the head of government and holds the highest-ranking of the Civil service of the...
Wen Jiabao
Wen Jiabao
Wen Jiabao is the sixth and current Premier and Party secretary of the State Council of the People's Republic of China, serving as China's head of government and leading its cabinet. In his capacity as Premier, Wen is regarded as the leading figure behind China's economic policy...
pronounced to a group of Chinese expatriates in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
that serious consideration of such a law would be taken. http://www.peacehall.com/news/gb/intl/2004/05/200405112113.shtml Several days later, Yu's suggestion (similar to a green paper
Green paper
In the Commonwealth, the Republic of Ireland and the United States a green paper is a tentative government report of a proposal without any commitment to action; the first step in changing the law...
) emerged.
Provisions of the initial proposal by Yu Yuanzhou
The draft document has 31 articles, organized in 8 chapters. Its provisions touch mostly constitutional lawConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
.
Article 2 establishes Taiwan as the "Taiwan Special Political Area of PRC, or Taiwan SPA of PRC for short" (中華人民共和國台灣特別政治區); this appears to be an administrative division of the PRC distinct from the Special Administrative Region espoused by the PRC government for Taiwan. Curiously, it allows Chinese people loyal (or having affinity) to the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
to transiently view the mainland as "The Mainland Special Political Area of ROC, or The Mainland SPA of ROC" (中華民國大陸特別政治區). Article 3 reiterated the PRC's aim to implement the 'one country, two systems
One country, two systems
"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
' policy for Taiwan, which would be brought into reality with military force if necessary.
Article 8 exempts Taiwan from any PRC imposed taxes. Chapter 3 proposes the establishment of a new, common currency
Currency
In economics, currency refers to a generally accepted medium of exchange. These are usually the coins and banknotes of a particular government, which comprise the physical aspects of a nation's money supply...
called the Chinese dollar set by fiat to be worth 0.1 gram
Gram
The gram is a metric system unit of mass....
s of gold
Gold
Gold is a chemical element with the symbol Au and an atomic number of 79. Gold is a dense, soft, shiny, malleable and ductile metal. Pure gold has a bright yellow color and luster traditionally considered attractive, which it maintains without oxidizing in air or water. Chemically, gold is a...
forever.
Two methods of unification are laid out as options: Constitutional arrangement for peaceful unification is contained in Chapter 4: the Constitution of the Republic of China
Constitution of the Republic of China
The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...
which is used in Taiwan is said to be obsolete; a federation
Federation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
is proposed. Chapter 5 provides the legal basis for non-peaceful (military
Military of China
Military of China may refer to:*People's Liberation Army **People's Liberation Army Hong Kong Garrison**People's Liberation Army Macau Garrison*Republic of China Armed Forces For Chinese military before 1912, see:...
) methods of unification. The conditions for the use of armed force are set out, and explicitly states that the PRC may not limit itself to the use of conventional weapons, implying the use of weapons of mass destruction
Weapons of mass destruction
A weapon of mass destruction is a weapon that can kill and bring significant harm to a large number of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general...
. Article 18 also stipulates that Taiwan will be subject to attack should it defy policy set by the PRC government.
Chapter 6 provides for honours for those promoting unification, whereas Chapter 7 sets out criminal penalties against separatism -- limited to acts carried out within Chinese territory, and acts carried out anywhere by Chinese residents in the Mainland, Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...
, Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, and Taiwan.
Article 30, section 1 provides that the law and subsequent changes thereof are to be carried out by the National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
and signed into force by the President of the People's Republic of China
President of the People's Republic of China
The President of the People's Republic of China is a ceremonial office and a part of State organs under the National People's Congress and it is the head of state of the People's Republic of China . The office was created by the 1982 Constitution...
-- parenthetically, 'Head of State', probably to infer the possibility of a different position once the law takes effect; section 2 provides that permanent sections of the law cannot be changed unless later agreements contain promises that are 'more favourable' (更加优惠, but the beneficiary is unspecified); section 3 states that the law is lower than the Constitution of the People's Republic of China
Constitution of the People's Republic of China
The Constitution of the People's Republic of China is the highest law within the People's Republic of China. The current version was adopted by the 5th National People's Congress on December 4, 1982 with further revisions in 1988, 1993, 1999, and 2004. Three previous state constitutions—those of...
but higher than any other laws of the land.
Reaction
The ROC PresidentPresident of the Republic of China
The President of the Republic of China is the head of state and commander-in-chief of the Republic of China . The Republic of China was founded on January 1, 1912, to govern all of China...
Chen Shui-bian
Chen Shui-bian
Chen Shui-bian is a former Taiwanese politician who was the 10th and 11th-term President of the Republic of China from 2000 to 2008. Chen, whose Democratic Progressive Party has traditionally been supportive of Taiwan independence, ended more than fifty years of Kuomintang rule in Taiwan...
has expressed serious concerns about this proposal, and has expressed doubts that the Taiwanese public would find it acceptable. http://www.ttnn.com/cna/news.cfm/040730/74 Chen also pointed out that the law being proposed is mostly intended as a measure to legitimize the PRC's military threats against the ROC. http://news1.yam.com//chinatimes/focus/news/200409/20040903075456.html Furthermore, the proposed law would incriminate anyone holding opinions other than those supporting PRC policy on the question of reunification. Under the law dissidents would be prosecuted under charges of treason, retroactively effective up to 100 years, raising serious questions about freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...
. Chen stated that the law would only serve to increase the feelings of animosity of the Taiwanese people towards the PRC and increase tensions.
It is worth noting that the PRC's One country, two systems
One country, two systems
"One country, two systems" is an idea originally proposed by Deng Xiaoping, then Paramount Leader of the People's Republic of China , for the reunification of China during the early 1980s...
policy has been shown to be approved by less than 10% of Taiwan residents in multiple recent opinion pollshttp://www.epochtimes.com/b5/1/7/4/n106193.htm. Moreover, many people also questioned how a proposed PRC law could be applied onto a territory over which the PRC does not have jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
. Even though few states formally recognize the ROC as an independent country, most prefer to remain ambiguous over the matter. The Political status of Taiwan
Political status of Taiwan
The controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
is still an ongoing multilateral dispute.
It has been unclear as to the degree to which this law is or was ever taken seriously by PRC authorities. The law
was proposed by an individual without any governmental authority, and no formal action on the law has ever been taken by the National People's Congress
National People's Congress
The National People's Congress , abbreviated NPC , is the highest state body and the only legislative house in the People's Republic of China. The National People's Congress is held in the Great Hall of the People, Beijing, capital of the People's Republic of China; with 2,987 members, it is the...
. After summer 2004, references to the proposed law on both sides of the straits became rare, leading many to conclude that it was released by the PRC mainly to gauge public opinion. Shortly after this proposal, the PRC enacted the Anti-Secession Law.
See also
- Anti-Secession Law (final passage of a related bill)
- Political status of TaiwanPolitical status of TaiwanThe controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...
- Chinese reunificationChinese reunificationChinese reunification refers to the bringing together of all of the territories controlled by the People's Republic of China and the Republic of China under a single political entity...
- Taiwan independenceTaiwan independenceTaiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...
- Taiwan Relations ActTaiwan Relations ActThe Taiwan Relations Act is an act of the United States Congress passed in 1979 after the establishment of diplomatic relations with the People's Republic of China and the breaking of relations between the United States and the Republic of China on the island of Taiwan by President Jimmy Carter...
- Canadian Bill C-20Clarity ActThe Clarity Act is legislation passed by the Parliament of Canada that established the conditions under which the Government of Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces. The Clarity Bill was tabled for first reading in the...
(counter-independence law regarding Quebec) - SecessionSecessionSecession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...