Anti-Secession Law

The following is the full text of the Anti-Secession Law adopted at the Third Session of the Tenth National People's Congress in Beijing:

Full text

( Adopted at the Third Session of the Tenth National People's Congress on March 14, 2005 )

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Article 1 This Law is formulated, in accordance with the Constitution, for the purpose of opposing and checking Taiwan's secession from China by secessionists in the name of "Taiwan independence", promoting peaceful national reunification, maintaining peace and stability in the Taiwan Straits, preserving China's sovereignty and territorial integrity, and safeguarding the fundamental interests of the Chinese nation.

Article 2 There is only one China in the world. Both the mainland and Taiwan belong to one China. China's sovereignty and territorial integrity brook no division. Safeguarding China's sovereignty and territorial integrity is the common obligation of all Chinese people, the Taiwan compatriots included.

Taiwan is part of China. The state shall never allow the "Taiwan independence" secessionist forces to make Taiwan secede from China under any name or by any means.

Article 3 The Taiwan question is one that is left over from China's civil war of the late 1940s.

Solving the Taiwan question and achieving national reunification is China's internal affair, which subjects to no interference by any outside forces.

Article 4 Accomplishing the great task of reunifying the motherland is the sacred duty of all Chinese people, the Taiwan compatriots included.

Article 5 Upholding the principle of one China is the basis of peaceful reunification of the country.

To reunify the country through peaceful means best serves the fundamental interests of the compatriots on both sides of the Taiwan Straits. The state shall do its utmost with maximum sincerity to achieve a peaceful reunification.

After the country is reunified peacefully, Taiwan may practice systems different from those on the mainland and enjoy a high degree of autonomy.

Article 6 The state shall take the following measures to maintain peace and stability in the Taiwan Straits and promote cross-Straits relations:

(1) to encourage and facilitate personnel exchanges across the Straits for greater mutual understanding and mutual trust;

(2) to encourage and facilitate economic exchanges and cooperation, realize direct links of trade, mail and air and shipping services, and bring about closer economic ties between the two sides of the Straits to their mutual benefit;

(3) to encourage and facilitate cross-Straits exchanges in education, science, technology, culture, health and sports, and work together to carry forward the proud Chinese cultural traditions;

(4) to encourage and facilitate cross-Straits cooperation in combating crimes; and

(5) to encourage and facilitate other activities that are conducive to peace and stability in the Taiwan Straits and stronger cross-Straits relations.

The state protects the rights and interests of the Taiwan compatriots in accordance with law.

Article 7 The state stands for the achievement of peaceful reunification through consultations and negotiations on an equal footing between the two sides of the Taiwan Straits. These consultations and negotiations may be conducted in steps and phases and with flexible and varied modalities.

The two sides of the Taiwan Straits may consult and negotiate on the following matters:

(1) officially ending the state of hostility between the two sides;

(2) mapping out the development of cross-Straits relations;

(3) steps and arrangements for peaceful national reunification;

(4) the political status of the Taiwan authorities;

(5) the Taiwan region's room of international operation that is compatible with its status; and

(6) other matters concerning the achievement of peaceful national reunification.

Article 8 In the event that the "Taiwan independence" secessionist forces should act under any name or by any means to cause the fact of Taiwan's secession from China, or that major incidents entailing Taiwan's secession from China should occur, or that possibilities for a peaceful reunification should be completely exhausted, the state shall employ non-peaceful means and other necessary measures to protect China's sovereignty and territorial integrity.

The State Council and the Central Military Commission shall decide on and execute the non-peaceful means and other necessary measures as provided for in the preceding paragraph and shall promptly report to the Standing Committee of the National People's Congress.

Article 9 In the event of employing and executing non-peaceful means and other necessary measures as provided for in this Law, the state shall exert its utmost to protect the lives, property and other legitimate rights and interests of Taiwan civilians and foreign nationals in Taiwan, and to minimize losses. At the same time, the state shall protect the rights and interests of the Taiwan compatriots in other parts of China in accordance with law.

Article 10 This Law shall come into force on the day of its promulgation.

Explanations on Draft Anti-Secession Law

Following is the full text of the translation of the explanations on the draft Anti-Secession Law, made by Wang Zhaoguo, vice chairman of the Standing Committee of the National People's Congress (NPC), at the NPC session Tuesday, March 8, 2005.

I. The Necessity and Feasibility of Enacting this Law

Resolving the Taiwan question and accomplishing China's complete reunification is one of the three historic tasks of our Party and our country. We have made unremitting efforts over the years to develop stronger relations between the two sides of the Taiwan Straits and promote a peaceful reunification of the motherland. In recent years, however, the Taiwan authorities have intensified their "Taiwan independence" activities aimed at separating Taiwan from China. Among their escalating secessionist activities of various types, we should be particularly watchful that the Taiwan authorities are trying to use so-called "constitutional" or "legal" means through "referendum" or "constitutional reengineering" to back up their secessionist attempt with so-called "legality" and change the fact that both the mainland and Taiwan belong to one and the same China by separating Taiwan from China. Facts have shown that the secessionist activities of the "Taiwan independence" forces gravely threaten China's sovereignty and territorial integrity, seriously endanger the prospects for a peaceful reunification and severely undermine the fundamental interests of the Chinese nation. They have posed a serious threat to peace and stability in the Taiwan Straits and the Asia-Pacific region as a whole. Formulating this Anti-Secession Law, therefore, is both necessary and timely.

In recent years, our cadres, people, personages from all walks of life and overseas Chinese communities have become increasingly vocal in their appeals for legal means to oppose and check the secessionist activities of the "Taiwan independence" forces and to achieve national reunification. Deputies to the NPC have put forward quite a few bills and recommendations on the Taiwan-related legislation and Members of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) have also made many proposals in this regard. All this shows that the legislative effort conforms with the will of our people. Now all necessary conditions for the legislation are in place. China's Constitution clearly stipulates, "Taiwan is part of the sacred territory of the People's Republic of China. It is the inviolable duty of all Chinese people, including our compatriots in Taiwan, to accomplish the great task of reunifying the motherland. "This is the constitutional ground for this legislation. The thoughts of the three generations of Chinese central collective leadership, particularly those of Comrade Deng Xiaoping and Comrade Jiang Zemin, on resolving the Taiwan question and the principles and policies adopted by China's central authorities have provided clear guidance and a policy basis for this legislation. The relevant research by jurists and Taiwan specialists has also created certain enabling conditions for this legislation.

II. The Principles for and Evolution of the Draft Legislation

The overarching principle for the legislation is to act under the guidance of the Deng Xiaoping Theory and the important thought of "Three Represents" and on the basis of the Constitution, implement the policy guideline of the central authorities on Taiwan, closely focus on the theme of opposing and checking the secessionist activities of the "Taiwan independence" forces and promoting a peaceful reunification of the motherland, give full expression to our consistent position of doing our utmost with maximum sincerity for a peaceful reunification and, at the same time, demonstrate the common will and strong resolve of the entire Chinese people to safeguard China's sovereignty and territorial integrity while never allowing the "Taiwan independence" forces to make Taiwan secede from China under any name or by any means.

In our legislative work, we must base ourselves on the above principles, heed the views from various quarters fully and follow the prescribed procedures strictly. In order to do a proper job, the drafting team carefully reviewed the comments and proposals on the Taiwan-related legislation made by Deputies to the NPC, Members of the National Committee of the CPPCC, people from all walks of life and overseas Chinese communities over the past few years. Chairman Wu Bangguo of the Standing Committee of the NPC convened four workshops to listen to the views of leading officials from certain provinces and municipalities, jurists and Taiwan specialists, heads of relevant central departments, compatriots from Taiwan, Hong Kong and Macao and representatives of overseas Chinese communities. After pooling and studying the opinions from the various quarters, a comment-seeking copy of the Anti-Secession Law (Draft) was prepared. General SecretaryHu Jintao then chaired a forum for the central leaders of the Democratic Parties and the All-China Federation of Industry and Commerce and personages with no party affiliations, and Chairman Wu Bangguo convened a discussion for legal experts and Taiwan specialists to listen to their views on the comment-seeking copy of the draft legislation. The draft was further revised on that basis to become the Anti-Secession Law (Draft) in its present form.

At its 13th meeting, the Standing Committee of the Tenth NPC carefully considered the draft legislation, unanimously passed the bill on the Anti-Secession Law (Draft) and decided to submit it to this NPC Session for deliberation.

III. The Main Contents of the Draft Legislation

1. Legislative Purpose and Scope of Application of this Legislation

Given the current state and future trend of the cross-Straits relations, it is imperative to resolutely oppose and check the secessionist activities of the "Taiwan independence" forces. Otherwise, the source of threat to peace and stability in the Taiwan Straits can not be uprooted, the historic opportunity for common development and common prosperity of the two sides of the Straits will be lost, the interests and welfare of the Taiwan compatriots will be ruined and the fundamental interests of the Chinese nation will suffer damage. Therefore, the legislation begins by making clear that this Law is formulated, in accordance with the Constitution, for the purpose of opposing and checking Taiwan's secession from China by secessionists in the name of "Taiwan independence", promoting peaceful national reunification, maintaining peace and stability in the Taiwan Straits, preserving China's sovereignty and territorial integrity, and safeguarding the fundamental interests of the Chinese nation. Such a provision defines both the legislative purpose and the scope of application of this legislation.

2. The Nature of the Taiwan Question

Making clear the nature of the Taiwan question is the basis for its settlement.

The 16th Party National Congress of the Communist Party of China stated, "There is but one China in the world, and both the mainland and Taiwan belong to one China. China's sovereignty and territorial integrity brook no division." This is our principled position on the Taiwan question, a position that enjoys the support of the entire Chinese people. The Taiwan question is one that is left over from China's civil war of the late 1940s. Owing to many complex factors, the two sides of the Taiwan Straits are yet to be reunified. But the fact that Taiwan is part of China and both the mainland and Taiwan belong to one and the same China remains unchanged. Resolving the Taiwan question and accomplishing the great cause of national reunification is entirely an internal affair of China bearing on the fundamental interests of all Chinese people, the Taiwan compatriots included. Accordingly, the draft legislation provides for the following:

(1) The legislation reaffirms the spirit of the 16th Party National Congress and further makes it clear that safeguarding China's sovereignty and territorial integrity is the common obligation of all Chinese people, the Taiwan compatriots included, Taiwan is part of China and the state shall never allow the "Taiwan independence" forces to make Taiwan secede from China under any name or by any means.

(2) The Taiwan question is one that is left over from China's civil war of the late 1940s. Solving the Taiwan question and achieving China's complete reunification is China's internal affair. On this question, we will not submit to any interference by outside forces.

(3) Accomplishing the great task of reunifying the motherland is the sacred duty of all Chinese people, the Taiwan compatriots included.

3. Achieving National Reunification Through Peaceful Means

Adhering to the one China principle is the unshakable basis for the settlement of the Taiwan question. The one China principle reflects the very fact that the mainland and Taiwan belong to one and the same China and highlights our goal of a peaceful reunification. "Peaceful reunification and one country, two systems" has been our basic policy in achieving a solution to the Taiwan question. A reunification by peaceful means best serves the fundamental interests of all Chinese people, the Taiwan compatriots included, as it is conducive to fostering a warm affection among compatriots on both sides, to peace and stability in the Taiwan Straits and the Asia-Pacific region as a whole and to the great rejuvenation of the Chinese nation. The "one country, two systems" formula not only embodies the principled position of achieving national reunification and safeguarding sovereignty and territorial integrity, but allows a high degree of flexibility by taking into full account Taiwan's past and present circumstances. The draft legislation, therefore, provides for upholding the principle of one China as the basis of peaceful reunification of the country, and reunifying the country through peaceful means as best serving the fundamental interests of the compatriots on both sides of the Taiwan Straits. The state shall do its utmost with maximum sincerity to achieve a peaceful reunification. And after the country is reunified peacefully, Taiwan may practice systems different from those on the mainland and enjoy a high degree of autonomy.

Maintaining peace and stability in the Taiwan Straits and promoting common development and common prosperity is an aspiration shared by the compatriots on both sides of the Straits and serves their common interests. In this connection, the draft legislation provides for the following measures by the state to maintain peace and stability in the Taiwan Straits and promote cross-Straits relations:

(1) to encourage and facilitate personnel exchanges across the Straits for greater mutual understanding and mutual trust;

(2) to encourage and facilitate economic exchanges and cooperation, realize direct links of trade, mail, and air and shipping services, and bring about closer economic ties between the two sides of the Straits to their mutual benefit;

(3) to encourage and facilitate cross-Straits exchanges in education, science and technology, culture, health and sports, and work together to carry forward the proud Chinese cultural traditions;

(4) to encourage and facilitate cross-Straits cooperation in combating crimes; and

(5) to encourage and facilitate other activities that are conducive to peace and stability in the Taiwan Straits and stronger cross-Straits relations. The state protects the rights and interests of the Taiwan compatriots in accordance with law.

A peaceful reunification requires cross-Straits consultations and negotiations and a broader room be given to them. As long as the one China principle is adhered to, any issue can be put on the table for discussion. The draft legislation expressly provides:

(1) The state stands for the achievement of peaceful reunification through consultations and negotiations on an equal footing between the two sides of the Taiwan Straits. These consultations and negotiations may be conducted in steps and phases and with flexible and varied modalities.

(2) The two sides may consult and negotiate on officially ending the state of hostility between the two sides, mapping out the development of cross-Straits relations, steps and arrangements for a peaceful reunification, the political status of the Taiwan authorities, the Taiwan region's room of international operation that is compatible with its status, and other matters concerning the achievement of peaceful reunification.

4. On Taking Non-Peaceful Means to Stop Taiwan's Secession from China by the "Taiwan independence" Forces

We have consistently stood for reunifying the country through peaceful means. People on both sides of the Taiwan Straits are all Chinese and the Taiwan compatriots are our own brothers and sisters. No one is more desirous of achieving a peaceful reunification than we are. So long as there is a glimmer of hope for peaceful reunification, we will exert our utmost to make it happen rather than give it up. At the same time, let us be absolutely clear that safeguarding sovereignty and territorial integrity is the core interest of our country and our nation and the common obligation of all Chinese people, our Taiwan compatriots included. We have never forsworn the use of force. No sovereign state can tolerate secession and every sovereign state has the right to use necessary means to defend its sovereignty and territorial integrity.

Using non-peaceful means to stop secession in defense of our sovereignty and territorial integrity would be our last resort when all our efforts for a peaceful reunification should prove futile. The draft legislation provides that in the event that the "Taiwan independence" forces should act under any name or by any means to cause the fact of Taiwan's secession from China, or that major incidents entailing Taiwan's secession from China should occur, or that possibilities for a peaceful reunification should be completely exhausted, the state shall employ non-peaceful means and other necessary measures to protect China's sovereignty and territorial integrity. The draft legislation also provides that the State Council and the Central Military Commission are authorized to decide on and execute non-peaceful means and other necessary measures, and promptly report to the Standing Committee of the NPC.

It needs to be stressed here that should the "Taiwan independence" forces insist on going their own way and leave us with no other option but to employ non-peaceful means and other necessary measures, such means and measures would be completely targeted against the "Taiwan independence" forces rather in any way against our Taiwan compatriots. The draft legislation clearly provides that in the event of employing and executing non-peaceful means and other necessary measures, the state shall exert its utmost to protect the lives, property and other legitimate rights and interests of Taiwan civilians and foreign nationals in Taiwan, and to minimize losses; at the same time, the state shall protect the rights and interests of the Taiwan compatriots in other parts of China in accordance with law.

Four-point Guidelines on Cross-Straits Relations Set Forth by President Hu

Chinese President Hu Jintao set forth a four-point guideline on cross-Straits relations under the new circumstances, while attending a joint panel discussion of China's CPPCC members representing the Taiwan region. The guideline is as follows:

First, never sway in adhering to the one-China principle

Adherence to the one-China principle serves as the cornerstone for developing cross-Straits relations and realizing peaceful reunification of the motherland. Although the mainland and Taiwan are not yet reunified, the fact that the two sides belong to one and the same China has remained unchanged since 1949. This is the status quo of cross-Straits relations. This is not only our stand, but also what can be found in the existing regulations and documents in Taiwan. Since Taiwan and the mainland belong to one and the same China, there shall be no such question as who annexes whom between the mainland and Taiwan.

The sticking point in the current development of cross-Straits relations lies in the fact that the Taiwan authorities have refused to recognize the one-China principle and the "1992 Consensus" which embodies this principle. Whoever started the trouble should end it. Dialogues and talks between the two sides of the Taiwan Straits can be resumed immediately, and can be carried out on whatever topics and issues, as long as the Taiwan authorities acknowledge the "1992 Consensus." The two sides can not only talk about the official conclusion of the state of hostility, the establishment of military mutual trust, the Taiwan region's room of international operation compatible with its status, the political status of the Taiwan authorities and the framework for peaceful and stable development of cross-Straits relations, which we have proposed, but also talk about all the issues that need to be resolved in the process of realizing peaceful reunification.

We welcome the efforts made by any individuals or any political parties in Taiwan toward the direction of recognizing the one-China principle. No matter who he is and which political party it is, and no matter what they said and did in the past, we're willing to talk with them on issues of developing cross-Straits relations and promoting peaceful reunification as long as they recognize the one-China principle and the "1992 Consensus."

We hope the Taiwan authorities could stop all activities for "Taiwan independence" and return to the path of recognizing the "1992 Consensus" at an early date.

Once the one-China principle is followed, we are willing to make positive responses to any proposals and suggestions which are conducive to maintaining peace in the Taiwan Straits, developing cross-Straits relations and promoting peaceful reunification, and also willing to seek, on the basis of the joint efforts by both sides, new ways for contacts and communications.

Second, never give up efforts to seek peaceful reunification

The 1.3 billion Chinese people, including the Taiwan compatriots, all love peace and sincerely hope to maintain peace and live in peace. They share an even greater hope that the flesh-and-blood brothers in one family can resolve their own problems peacefully.

A peaceful resolution of the Taiwan issue and peaceful reunification of the motherland conforms to the fundamental interests of compatriots across the Taiwan Straits and the Chinese nation, as well as the currents of peace and development in the world today. This is the fundamental reason why we have always been making unremitting efforts for the realization of peaceful reunification.

Peaceful reunification does not mean that one side "swallows" the other, but that the two sides confer on reunification through consultation on an equal footing. The realization of peaceful reunification between the two sides across the Straits is a bliss for the compatriots on both sides, as well as a bliss for the region and the whole world. When the two sides of the Straits are reunited, the estrangement across the Straits caused by a long time of separation can be removed, and affinity between the compatriots on both sides enhanced. The military confrontation across the Straits will be brought to an end, making it possible for the compatriots on both sides to jointly engage themselves in peaceful construction. The economies of both sides can better complement and mutually benefit each other, bringing the compatriots on both sides together to seek common development. Both sides can work together to push forward the lofty cause of world peace and development, allowing the compatriots on both sides to share the dignity and glory of the great motherland. State sovereignty and territorial integrity can be genuinely guaranteed, enabling the compatriots on both sides to jointly promote the great rejuvenation of the Chinese nation.

The people long for peace and the country needs stability. As long as there is still a ray of hope for peaceful reunification, we'll do our utmost to achieve it. We hope at the bottom of our hearts that relevant personages and political parties in Taiwan would seriously consider this important issue, and proceeding from the righteous cause of the nation and the well-being of the compatriots on both sides of the Straits, make the correct historic choice to maintain peace across the Taiwan Straits, promote cross-Straits relations and realize peaceful reunification.

Third, never change the principle of placing hope on the Taiwan people

The Taiwan compatriots are our flesh-and-blood brothers, as well as an important force in developing cross-Straits relations and checking the "Taiwan independence" secessionist activities. The more the "Taiwan independence" secessionist forces want to isolate the Taiwan compatriots from us, the more closely we have to unite with them. Under whatever circumstances, we shall always respect, trust and rely on the Taiwan compatriots, land ourselves in their position to think of their difficulties, and do everything we can to look after and safeguard their legitimate rights and interests.

The marketing of Taiwan's farm produce in the mainland is an issue that involves the fundamental interests of the broad masses of the Taiwan farmers, and therefore must be addressed in a down-to-earth manner. If the cross-Straits direct passenger charter flights can be conducted on all festivals and holidays, they can also gradually develop into a regular practice. On the issue of cross-Straits direct cargo charter flights, non-governmental trade organizations of both sides could also exchange views.

We will further adopt, step by step, policies and measures to resolve problems which the Taiwan compatriots are concerned about, and to safeguard the legitimate rights and interests of the Taiwan compatriots. Anything beneficial to the Taiwan compatriots and conducive to the promotion of cross-Straits exchanges, to the maintenance of peace in the Taiwan Straits region and to the motherland's peaceful reunification, we will do it with our utmost efforts and will do it well. This is our solemn commitment to the broad masses of the Taiwan compatriots.

Fourth, never compromise in opposing the "Taiwan independence" secessionist activities

Safeguarding state sovereignty and territorial integrity is where a country's core interest lies. On no account shall the 1.3 billion Chinese people allow anyone to undermine China's sovereignty and territorial integrity. We will not have the slightest hesitation, falter or concession on the major principle issue of opposing secession. The "Taiwan independence" secessionist forces must abandon their secessionist stand and stop all "Taiwan independence" activities.

We hope the leader of the Taiwan authorities could earnestly fulfill the "five no's" commitment he reaffirmed on Feb. 24, as well as his commitment of not seeking "legalization of Taiwan independence" through the "constitutional reform", and show to the world, through his own concrete action, that this was not an empty word or mere lip service which can be forsaken at will.

China belongs to the 1.3 billion Chinese people including the 23 million Taiwan compatriots, so do the mainland and Taiwan Island. Any issue involving China's sovereignty and territorial integrity must be decided collectively by the entire 1.3 billion Chinese people.

We believe that the broad masses of the Taiwan compatriots will definitely join us to resolutely safeguard state sovereignty and territorial integrity and resolutely safeguard the fundamental interests of the Chinese nation.

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(Editor's note: The "five no's" commitment refers to the promise once made by the leader of the Taiwan authorities not to do five things in his office tenure. The five things, including declaring "Taiwan independence", changing the official name of the Taiwan region and promoting a so-called "referendum" on "independence or reunification", are all outrageous secessionist activities totally unacceptable to the entire Chinese people.)