Study On The "One Country,Two Systems" Taiwan Solution

In the past 2019,not only the Hong Kong Special Administrative Region faces a severe test of anti-secessionist struggle,but also the relations across the Taiwan straits are once again frozen."One Country,Two Systems" as a former national unity policy stays in a dilemma.To get out of the muddl e of theanti-secession struggle,we must conduct a comprehensive assessment and rational reflection on the traditional theory of "One Country,Two Systems",and push the "One Country,Two Systems" policy into a new phase of self-creation and development.For this reason,this paper intends to update the traditional theory of "One Country,Two Systems",and describe a "Two Systems" Taiwan solution that differs from the Hong Kong and Macao model and can be applied to the Taiwan region,which provides theoretical and methodological guidance for the reunification of the two sides.The text of this study is divided into five chapters:The first chapter innovates the traditional theory of "One Country,Two Systems" according to the new situation of China’s anti-separatist struggle.After the successful practice of the "One Country,Two Systems" in Hong Kong and Macao,it gradually formed a theoretical separation from the "Two Systems" mode in Taiwan.The traditional theory of "One Country,Two Systems" should be developed into a new theoretical system to meet the needs of the new situation of anti-separatist struggle in China,which contains to solve political problems by rule of law,to attach equal importance to "anti-independence" and "promoting unification",to combine unification and governance,and to include peaceful and non-peaceful means and other necessary measures.The second chapter deals with the legal system of "One Country,Two Systems" on both sides of the Taiwan Strait and makes a hermeneutic analysis.The constitution uses the preamble,article 31 and other indirect articles to complete the constitutional regulation of the special administrative region system.The basic laws of Hong Kong and Macao embody the concept of "One Country,Two Systems" through the provisions on the relationship between the central government and the special administrative regions,provisions on national security legislation,provisions on the rights and obligations of residents,provisions on the political system,and provisions on the interpretation of the basic law.The Anti-secession Law provides the basic legal framework for the "One Country,Two Systems" Taiwan solution by relying on the provisions of the peaceful development of cross-straits relations,the provisions of cross-straits consultation and negotiation,and the provisions of the reunification by non-peaceful means.In Taiwan,the "Constitution of the Republic of China" and its "additional provisions","Regulations on Cross-Straits People’s Relations" and other laws and regulations also involve this.The third chapter discusses and demonstrates the unified mechanism of the "Two Systems" Taiwan solution.The integration and development of the two sides of the Taiwan straits,the consultation and negotiation between the two sides of the Taiwan straits and the formal reunification of the two sides are the necessary legal procedures.The "double-track subject" composed of the consultative subject representing the public opinion and the negotiating subject representing the public power can form the position of the cross-straits political relations with the help of the dual functions of "One Country,Two Systems" — "anti-independence" and "promoting unification",the type arrangement of the negotiation topics and the four-stage program design.In accordance with the basic principles and main contents of the cross-straits reunification agreement,the two sides of the Taiwan straits should jointly participate in the formulation of a new constitution applicable to the reunification of the country.The fourth chapter plans and demonstrates the governance system of the "Two Systems" Taiwan solution.As the core of the "Two Systems" Taiwan solution,the reconstruction of the national identity system should adhere to the "anti-independence" as the core to rebuild the national identity and "promote unification" as the goal to coordinate the political identity.As the main body of the "Two Systems" Taiwan solution,the reconstruction of the social governance system should include the revision of the current legal system,the reform of the political system and the arrangement of the local system.As the key to the "Two Systems" Taiwan solution,the re-establishment of the benefit distribution system should include safeguarding the rights and freedoms of the Taiwan people in accordance with the law,preventing and resolving the structural contradictions on the island and promoting the re-integration of the Taiwan region and the mainland.The fifth chapter expansively explores "Two Systems" Taiwan solution under Non-Peaceful Reunification.After national reunification is achieved by non-peaceful means and other necessary measures,the central government may formulate the basic laws governing the Taiwan region in light of the political situation on both sides of the Taiwan straits,establish a legal mechanism for the comprehensive elimination of the trend of "Taiwan independence",and govern the Taiwan region in the spirit of "One Country,Two Systems".At the level of domestic law,the use of non-peaceful means and other necessary measures must strictly follow the legal basis and legal procedures set out in the Anti-secession Law and protect the legitimate rights and interests of Taiwan civilians and foreigners in Taiwan.At the level of international law,there is a high risk that foreign forces will illegally interfere in the process of China’s reunification.