cover image: Issuance of the “Opinions on Punishing ‘Taiwan Independence’ Diehards” and Its Implications for China’s Taiwan Policy

Issuance of the “Opinions on Punishing ‘Taiwan Independence’ Diehards” and Its Implications for China’s Taiwan Policy

20 Sep 2024

According to the Opinions, the maximum criminal liability for advocating Taiwan independence is the death penalty if the activity is considered to have caused “particularly serious harm to the state and the people” or if “the circumstances are particularly egregious.” This is the first time the Chinese authorities have clearly defined the crime and criminal liability of Taiwan “secessionists.” The. [...] Issuance of the “Opinions on Punishing ‘Taiwan Independence’ Diehards” and Its Implications 33 for China’s Taiwan Policy of all the sons and daughters of the Chinese nation and is essential to the essence of national rejuvenation” (實現祖國完全統一是全體中華兒女的共同願望,是民族復 興的題中之義).5 Considering the CCP has set 2049 as the time for the completion of national rejuvenation, according to Xi’s speech, unifying Taiwan. [...] The Main Axis of China’s Lawfare Against Taiwan as Reflected in the “Opinions” The issuance of the “Opinions” signals that one of China’s tactics in its Taiwan policy is to enhance efforts in the sophistication of lawfare against Taiwan’s de facto independence. [...] Narrowing the Space for Taiwan Independence As stated at the beginning of the “Opinions,” the goal is “to lawfully punish ‘Taiwan Independence’ diehards who commit crimes of splitting the country and inciting secession, to effectively safeguard national sovereignty, unity, and territorial integrity, based on the Anti-Secession Law, the Criminal Law of the People’s Republic of China, the Criminal P. [...] As mentioned, the issuance of the “Opinions” is based on the Anti-Secession Law, the Criminal Law of the People’s Republic of China, the Criminal Procedure Law, and other related laws concerning national unification.

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Pages
20
Published in
Taiwan

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