A Study On The Implementation Of The Anti-secession Law

Since its promulgation and implementation in 2005,the Anti-Secession Law has provided significant legal guarantee for the anti-secession struggle.However,there are still a series of theoretical and practical problems needing to be further explicated and solved.Nowadays,the Anti-Secession Law plays a crucial role in the adjustment and development of cross-straits relations as it has been in the past and will be in the future.Hence,this dissertation takes the implementation of the Anti-Secession Law as the research object and starts from the problem consciousness in the implementation of Anti-Secession Law.Based on the fundamental research and normative analysis,this dissertation analyzes the implementation of the Anti-Secession Law in three different periods of cross-straits relations,including peaceful development period,non-peaceful period and national reunification period.From the perspective of legal system arrangement and legal practice,it is expected to realize and enhance the value of rule of law of the Anti-Secession Law across the straits.Except the introduction,this dissertation consists of five chapters.Chapter 1 is about “problem consciousness and fundamental research”.There are three main problems in the implementation of the Anti-Secession Law: first,in terms of theoretical interpretation,the political implication of the Anti-Secession Law is greater than the value of rule of law;second,as for the system design,the scope of the implementation of the Anti-Secession Law and its implementation methods in different periods need to be clarified;third,there are many domestic and international factors affecting the implementation of the Anti-Secession Law in practice.As for the fundamental research of the Anti-Secession Law,this chapter mainly sorts out the background,legislative basis,basic principles and legislative significance of the Anti-Secession Law.Chapter 2 is about “the construction and implementation of the Anti-Secession Law”.Taking dogmatics of law as an analytical tool,this chapter studies the nature and content of the Anti-Secession Law,the status of the Anti-Secession Law in China's current legal system and the logical structure of its internal legal provisions,as well as the effectiveness and implementation mechanism of the Anti-Secession Law.The main purpose of this chapter is to clarify the basic state of the Anti-Secession Law,thus laying a normative foundation for the implementation of the Anti-Secession Law in different periods.Chapter 3 is about “the implementation of the Anti-Secession Law in the period of peaceful development of cross-straits relations”.The application and realization of the Anti-Secession Law in the period of peaceful development of cross-straits relations mainly depend on the “Five Encouragement and Promotion” in Article 6 of the Anti-Secession Law and the “Six Issues” in Article 7.This chapter first explains the canonical meaning of Article 6 and Article 7 of the Anti-Secession Law from the internal and external dimensions.Then,on the basis of the normative orientation,this paper reviews the main implementation methods of the Anti-Secession Law in the period of peaceful development of cross-straits relations,the effectiveness and the dilemma it faces.The difficulties in the implementation of the Anti-Secession Law in this period are analyzed and causes of problems in the implementation of the Anti-Secession Law in Taiwan are discovered from the perspective of law.Finally,it is proposed that the anti-secession national legal mechanism should be established in the period of peaceful development of cross-straits relations.This mechanism includes three levels: 1)construction of the anti-secession national “firewall” legal mechanism from the three dimensions of international law,legal system in the Chinese mainland region and political and legal resources in Taiwan;2)interpretation mechanism of the Anti-Secession Law shall be established;and 3)combination of “people skills” and legal skills.Chapter 4 is about “the implementation of the Anti-Secession Law in the non-peaceful period of cross-straits relations”.The Anti-Secession Law stipulates that if our endeavors to gain peaceful reunification are totally ineffective,we may adopt non-peaceful means and other necessary measures to stop the acts of secession and safeguard national sovereignty and territorial integrity.This provision is mainly embodied in Article 8 and Article 9 of the Anti-Secession Law.Based on this,this chapter takes Article 8 and Article 9 of the Anti-Secession Law as the model to launch normative analysis from the internal and external dimensions.On this basis,the substantive conditions,procedural arrangements and the legal consequences arising from the initiation of Article 8 of the Anti-Secession Law are analyzed.Article 9 of the Anti-Secession Law,as a provision binding the relevant acts of Article 8 of the Anti-Secession Law,clearly defines the object,scope,intensity and legal basis of protection.In the last section of this chapter,the dissertation focuses on the methodological effect of law-based thinking in the non-peaceful period of cross-straits relations,which is mainly reflected in three aspects.The first is to transform ideas inthe struggle against secession;the second is to seek theoretical basis and practical experience from the level of international law;and the third is to promote the comprehensive application of the law-based thinking in the non-peaceful period of cross-straits relations.Chapter 5 is about “the implementation of the Anti-Secession Law after national reunification”.The the anti-secession struggle is a great and lasting project.After the reunification of the nation,the legal guidance and norms of the Anti-Secession Law are still needed to deal with the problems of system design and governance practice after reunification.The main task of this chapter is to analyze the problems of social governance after the reunification of the nation,which has a certain forward-looking significance.Employing the same reseach methods as Chapter 3 and Chapter 4,this chapter still takes the relevant provisions of the Anti-Secession Law as the logical starting point of the research,giving normative interpretations of Article 5 of the Anti-Secession Law from both internal and external dimensions and discussing the normative meaning of “One Country,Two Systems”and its successful experience in Hong Kong Special Administrative Region and the Macao Special Administrative Region.On this basis,by aid of the theory of effective government,it presupposes the governance issues that the central government of our country should carry out in Taiwan after national reunification.Athough the theoretical concept of “One Country,Two Systems” in Taiwan has encountered some theoretical misunderstandings and practical dilemmas in recent years,we should rationally and objectively analyze the reasons,and then put forward the basic principles and practical directions to explore the “Two Systems” of Taiwan plans which can be followed.In the last section of this chapter,this dissertation discusses the extended implementation of the Anti-Secession Law,namely,by taking some non-peaceful measures and other necessary measures to solve problems in governance of the country after national reunification.Although this issue is not regulated by Article 5 of the Anti-Secession Law,considering the purpose of the legislation of the Anti-Secession Law,it is still necessary to launch a preliminary research on social governance issues after the national reunification from a legal perspective.