Law antisécession

The Loi antisécession is a law of the Popular republic of China, adopted the March 14th 2005 by the Parliament of the Popular republic of China to mitigate the possible declaration of independence of Taiwan. It goes in the direction of the Politique of only one China. She was voted with 2.896 votes for and 2 abstentions.

Introduction

See: Statute of Taiwan

the Popular republic of China directs the continental China and its 1,3 billion inhabitants. Although in the process of liberalization, the political structure of this state remains communist and authoritative.

the Republic of China, directs, de facto, the small island of Taiwan (23 million inhabitants). For 10 years, this entity has been quasi a democracy, with several real parties. Neither UNO, nor no important country recognizes with this territory the statute of State .

Contents of the law antisécession of 2005

It is rented for its remarks reassuring, wanting “to preserve the Chinese unit by the peaceful voice” and recognizing certain rights and specificities in Taiwan (autonomous province). But it legalizes also employment “not-peaceful means” in the event of declaration of independence.

This law consists in institutionalizing the policy of the Popular republic of China on the problem of the statute of Taiwan. The new law insists on the peaceful unification of China (Article 2,5), introduced the interpretation of the problem of Taiwan by the Popular republic of China like antagonism resulting from the civil war of 1946-1949 (because of the American intervention; to see Article 3 & 4); stipulate the steps to undertake by the Government of Beijing (Article 6) and principle of peaceful negotiation and equalizes (Article 7); and juridically defines the three conditions under which the use of the military force is possible.

The strong point of this law is that it exceeds the quarrel of Chinese-Taiwanese leaders, while becoming the news rules of the game , written, clear, precisely defining the Chinese objectives and the limits which China is posed. By this, the orders leave the hands of the Chinese leaders, their appreciation and their improvisation, to go in this clearly written law.

It is an assertion of the Chinese position, but also a clarification which poses the limits of them.

Legitimacy

The Manifestation of March 26th, 2005 question the legitimacy of this law because of ambiguity of the Statute of Taiwan. The Taiwanese territory is however not under sovereignty of the Popular republic of China. If this law were adopted without consultation of the Taiwanese population or her representatives, the popular assembly of RPC is supposed to represent the population, which it actually does not do.

Arguments of the partisans

This law is legitimated insofar as the majority of the States of the world recognize the principle of only one China, directed by the Popular republic of China. However, this recognition in fact is required by the RPC like pre-necessary with the opening of all diplomatic relations, and the RPC has a weight on the international scene good higher than that of the RC.

This law is legitimated by the absolute majority of votes which it obtained at the Chinese Parliament (of continental China), but also by its role of security of the regional and total situation: the law is always an act “to bind the hands” by the sovereign who is too dangerous as well in his own connection as vis-a-vis his enemy. On a side the people of the world know clearly where the limits are; other side the Chinese authority is limited in its action of destruction.

Arguments of the opponents

Many disputes are observed with Taiwan, where this law is largely regarded as an act of threat. A demonstration organized by the government Chen Shuibian was carried out with Taipei on March 14th, day even of the passage of the aforesaid the law to the Popular Assembly of the Popular republic of China, the single central legislative body of the State of China continentale.

Although presenting certain points satisfying from the Taiwanese point of view it does not have to in no case asked the opinion of the Taiwanese population, nor of its representatives elected democratically, contrary to the National People's Assembly (China)

In addition, the Popular republic of China and PCC are known to exceed their own laws. Consequently, the argument of a better clearness is refutable.

The Taiwanese Manifestation of March 26th, 2005 joined together approximately a million Taiwanese in the street of Taipei to denounce the menaçantes parts of this law.

Reaction in the World

The RPC made recognition of the principle of only one China a precondition to any diplomatic relation. The countries of the world adapt and thus regard the Law antisécession to it as an interior problem in China.

In 2005, at the time of his voyage in China, French the Prime Minister Jean-Pierre Raffarin supported the government of the RPC, affirming that this law “was not in contradiction with the principles of France on the problem of Taiwan”, forgetting the principle of Autodétermination.

Assessment

It is a rather effective means as regards communication. By the legislative way, the position of the Popular republic of China was done better to hear and by this text clarified the whole of its position. This law affirms the position opposed to the Taiwaneses militant for the official independence of Taiwan, such Chen Shuibian.

Regarded as perfectly in continental China legitimates, this law does not remain about it less not suspended with the debate of the Statut of Taiwan and is appreciated little by the Taiwaneses concerned. The ambiguity of this statute taiwainais, the debate on this statute can illigitimer this law by denouncing it like unilateral and trying to apply to a territory - Taiwan board which is not about the sovereignty of the continental China.

However the laws taking a condition external as release of certain reaction by a State are numerous especially as regards the international relations. An analogy could be made with the law American antisécession of 1861 and the law on the relation with Taiwan of North America.

See

the French legal text
the text of the law
Taiwanese Official position

Internal bonds

Law on clearness chief clerk (Canada)
Taiwanese Demonstration of March 26th, 2005

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