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PEOPLE'S REPUBLIC OF CHINA (PRC) ANTI-SECESSION LAW

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​ANTI-SECESSION LAW 

In 2005 the CPC’s National People’s Congress (NPC) approves the Anti-Secession Law. From the viewpoint of the CPC, the Anti-Secession Law reinforces its long-standing commitment to the peaceful resolution of the ‘Taiwan issue’. At the same time the law makes clear the conditions under which the CPC would authorize the PLA to use force to resolve matters with Taiwan. The passage of the law occurs during the DPP administration of Chen Shui-bian, which actively promotes not only Taiwan as an independent and sovereign country but also constitutional reform to formalize the status. Article 5 of the Anti-Secession law reiterates the “One China Principle” as the basis of peaceful national reunification while Article 8 reaffirms the right of the CPC to use force to resolve issues.  

One China, Five Interpretations, Chapter Two: The "One China Principle"

Background on the People's Republic of China (PRC) 2005 Anti-Secession Law

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Based upon research conducted by EAPASI, between 2004-2005 the National People’s Congress (NPC) of the Communist Party of China (CPC) debated the passage of the Anti-Secession Law

On March 14, 2005 the CPC's NPC approved the Anti-Secession Law.  From the viewpoint of the CPC leadership, the Anti-Secession Law reinforced the "One China Principle" especially its longstanding commitment to the peaceful resolution of the ‘Taiwan issue’. For example according to Article 2 of the law, “There is only one China in the world. Both the Mainland and Taiwan belong to the same China. Cession of sovereignty and territory of China will not be tolerated” while Article 5 stresses the “One China Principle” as the basis of peaceful reunification of the country and the realization of the “one country, two systems”. It also committed to “do its utmost with maximum amount of sincerity to achieve a peaceful reunification”.

In addition the Anti-Secession Law outlined the conditions that would prompt the CPC leadership to authorize its military arm, the People’s Liberation Army (PLA), to resort to the use of force against Taiwan to resolve matters with Taiwan.

The passage of the law occurred during the administration of Chen Shui-bian of the Democratic Progressive Party (DPP).  At that time, the Chen administration actively promoted Taiwan as an independent and sovereign country. It also actively advocated for constitutional reforms to formalize the aforementioned status.  Through the passage of the law, the Chinese leadership aimed to “check and oppose moves toward independence”.

Article 5 of the Anti-Secession law reiterated the “One China Principle” as the basis of peaceful national reunification while Article 8 reaffirmed the right of the CPC to use force to resolve issues. The Law clarified the use of force clause contained in the PRC's "One China Principle" and outlined the three conditions that would compel the PRC to use force:

  • Taiwan independence forces compel the secession of Taiwan from China;
 
  • The development of major incidences that involve the independence of Taiwan from the mainland; and,
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  • The exhaustion of all possibilities to reach a deal on the peaceful reunification.

Prior to the passage of the Anti-Secession Law, the U.S. Congress passed a series of resolutions, as well as held a series of hearings on the Law.  In particular, Congress passed H.Con.Res.70.  The Resolution “expresses the sense of Congress that the U.S. should strongly oppose the China’s Anti-Secession Legislation with respect to Taiwan”. It also passed H.Con.Res.76.  This Resolution “expresses the sense of Congress that U.S. should urge the PRC not to enact into law the so-called anti-secession legislation with respect to Taiwan and should reaffirm its unwavering commitment to Taiwan, and for other purposes’.

Following the passage of the Anti-Secession Law, the Congress passed H.Con.Res. 98. This Resolution ‘expresses the grave concern of Congress regarding the recent passage of the anti-secession law by the NPC of the PRC’.   In addition the Subcommittee on Asia and the Pacific of the Committee on International Relations held a hearing titled “China’s Anti-Secession law and Developments across the Taiwan Strait”. 

In a similar vein, then President Bush reiterated his administrations policy on ‘one China’. Bush emphasized  that the U.S. policy is based on the communiqués framework and the TRA. He also underscored the
commitment of his administration to Taiwan, while asserting that both sides of the Taiwan Strait need to avoid unilaterally changing the status quo.

- Excerpted from One China, Five Interpretations (forthcoming e-book)

Implications for the Cross-Strait Relationship

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The implications of the 2005 Anti-Secession Law for the Cross-Strait relationship are many.  It is important to underscore that China reiterated its commitment to the peaceful reunification of Taiwan with the mainland, which it has adhered to for decades.  Likewise it is equally important to recognize that China underscored and embedded in domestic law the right to use force to resolve issues with Taiwan.

When the Kuomintang (KMT) hold political power, the probability is low that the KMT would engage in activities that would compel the CPC to invoke the Law; but, in contrast, when the Democratic Progressive Party (DPP) holds political power as it does now, the probability is high that it would pursue activities that would prompt the CPC to use the law.  Since taking office in 2016, the Tsai Ing-wen administration has refused to verbalize the phrase "1992 Consensus", which represents the "One China Principle" and, more recently, the recently appointed head of the Mainland Affairs Council (MAC) has called to abandon it.  Furthermore the DPP  actively promotes its interpretation of the status quo, which is the dynamic status quo, and asserts that Taiwan is an independent and sovereign country.

Full Text of PRC's 2005 Anti-Secession Law

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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 on March 14:

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


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.
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    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.

People's Republic of China (PRC) on the Anti-Secession Law

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Key Statements and Documents
President Hu Guidelines for Taiwan (2005)

Anti-Secession Law Text (Full Text) (2005)

Draft Anti-Secession Law Explained to NPC (2005)

Full text of explanations on draft Anti-Secession Law (2005)

China clarifies conditions for non-peaceful means to stop secession (2005)

Draft Anti-Secession Law gives broader room for cross-Straits negotiations: lawmaker​ (2005)

US Misreads Taiwan Law (2005)

US Remarks on China's Law "Irresponsible" (2005)

​Hu to Rice: Taiwan secessionists harmful (2005)​
Additional Materials
Anti-secession law reflects common will 

Anti-secession law to be submitted to NPC  

Anti-secession law called 'timely'  

Anti-secession law seeks peaceful reunification  

China prepares to enact law against secession 

China aims to achieve national reunification through peaceful means: lawmaker 
 

Anti-secession law backed by lawmakers, political advisors  

Lawmakers voice support for Anti-Secession Law  

Resolving Taiwan question 'entirely' internal affair: legislator 

Anti-secession law dispels people's worries in Taiwan 

President sets forth guidelines on Taiwan

Anti-secession law not war mobilization order 

Macao people support enacting Anti-Secession Law

Anti-secession law 'won't harm' Straits ties 

Wu urges good legislation of Anti-secession Law 

Anti-secession law aims at maintaining peace 

Top legislators vow to fight secession 

NPC deliberates draft laws on anti-secession​ 

Draft Anti-Secession Law explained 

Draft Anti-Secession Law proposes measures for cross-Straits peace

Draft Anti-Secession Law gives broader room for cross-Straits negotiations: lawmaker

Draft Anti-Secession Law provides for 5 measures for cross-Straits peace, stability: lawmaker​

Formulating Anti-Secession Law "necessary and timely": lawmaker​

Anti-Secession Law focuses on opposing, checking secessionist activities: senior lawmaker

Republic of China (ROC Taiwan) on the PRC's Anti-Secession Law

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Official Position

​The Official Position of the Republic of China (Taiwan) on the People's Republic of China's Anti-Secession (Anti-Separation) Law (2005)

Related Statements, Speeches & Press Releases

“One Law, Two Communiqués”: The Shackle Enchaining the Destiny of the Taiwanese People (2008)​

Chen’s Remarks to NSC (2006)​

President Chen's Opening Remarks at National Security Conference​ (2006)​

Chen Frankfurter Allgemeine Interview (2006)​

MAC Press Release on NUC II (2006)​

President Chen's Interview by Julian Lopez Gomez, Euronews (May 17, 2006) 

Chen Frankfurter Allgemeine Interview (March 10, 2006)

​President Chen Shui-bian's New Year's Day Message and the Development of Cross-strait Relations (January 01, 2006)

President Chen Makes a Seven-Point Statement at the Conclusion of a Joint Meeting Responding to New Developments of Cross-Strait Political and Economic Affairs​ (April 09, 2005)

The Official Position of the Republic of China (Taiwan) on the People’s Republic of China’s Anti-Secession (Anti-Separation) Law (March 29,2005)

326 March for Democracy and Peace to Protect Taiwan​ (March 26, 2005)

Answering Beijing’s War Law (March 24, 2005)

Chen Updates Cross-Straits “Guidelines” (August 07, 2005)

Anti-secession Law: ROC will maintain a policy of  "reconciliation without retreat, resolve without confrontation" (April 28, 2005)

President Chen Makes a Seven-Point Statement at the Conclusion of a Joint Meeting Responding to New Developments of Cross-Strait Political and Economic Affairs​ (April 09, 2005)

Democracy and peace to answer China's war authorization law (March 24, 2005)

 President Chen Issues a Solemn Six-point Statement Regarding China's "Anti-separation Law" (March 16, 2005)

Call for International Condemnation against China (MAC News Release No. 036 (March 14, 2005)

​Official Statement from the Mainland Affairs Council, Executive Yuan (March 08, 2005)

The Chinese Authorities’ Deliberation of the “Anti-Separation Law” Clearly Reveals the Essence of Their Military Aggression (MAC News Release No. 034 (March 08, 2005)

Resolution of the Legislative Yuan on China’s Drafted “Anti-Separation Law” (March 04, 2005)

ROC Government Q & A on China’s Drafted “Anti-Separation Law” (March 01, 2005)

Taiwan’s Public Opinion Regarding China’s Enactment of an “Anti-Separation Law” (February 27, 2005)

Joint Statement of President Chen and Chairman Soong (February 24, 2005)

The ROC Government's Position on China's Drafted "Anti-Separation Law" (February 01, 2005)

Full text of MAC Chairman Jaushieh Joseph Wu's speech at the year-end press conference (January 28, 2005)

MAC Chairman Jaushieh Joseph Wu Exchanges Views with a Visiting German Parliamentary Delegation. MAC News Release No. 007 (January 11, 2005) 

MAC Chairman Jaushieh Joseph Wu Says That China’s Enactment of an Anti-Separation Law Would Cause Serious Consequences on Cross-Strait Relations. MAC News Release No. 008, (January 11, 2005)

Remarks by H.E. Dr. Tan-sun Chen, Minister of Foreign Affairs, on the Anti-separation Law and Regional Security​ (January 10, 2005)

Dr. Tan-sun Chen, Minister of Foreign Affairs of the ROC, Makes Remarks on the Effects of Anti-Separation Law on Regional Security. GIO News Release (January 07, 2005)

MAC Chairman Jaushieh Joseph Wu Makes Remarks on the Anti-separation Law at January 7, 2005 International Media Press Briefing. (MAC News Briefing No. 0423 (January 07, 2005)

MAC Chairman Jaushieh Joseph Wu Says That China’s Intention to Enact the Anti-separation Law must be Halted (MAC ’s Prepared Statement for the Press Conference (January 07, 2005)

Taiwan Urges International Community to Immediately Stop China’s Institution of the “Anti-Separation Law“. GIO News Release (January 07, 2005)

​President Chen's New Year's Day Address ( excerpt : cross-strait relations ) (January 01, 2005)

​​Taiwan Calls on the International Community to Say “No” to China’s Anti-Separation Law (December 27, 2004)\Taiwan Calls on the International Community to Say "No" to China’s Anti-Separation Law. (MAC Chairman Wu’s Prepared Statement (December 27, 2004)​
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MAC Vice Chairman Tai-san Chiu Comments on the Anti-Separation Law at a Regular Press Briefing. (MAC News Briefing No. 0421 (December 24, 2004)

The United States of America on the PRC's Anti-Secession Law

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H.R. 2918 Taiwan Policy Act of 2011 (September 14, 2011)

Hearing: Before the Subcommitte on Asia and the Pacific of the Committee on International Relations, House of Representatives: China's Anti-Secession Law and Developments Across the Taiwan Strait (April 06, 2005) 

H.Con.Res.98 Expressing the grave concern of Congress regarding the recent passage of the anti-secession law by the National People's Congress of the People's Republic of China (March 17, 2005)

H.Con.Res.76 Expressing the sense of Congress that the United States should urge the People's Republic of China not to enact into law the so-called "anti-secession" legislation with respect to Taiwan and should reaffirm its unwavering commitment to Taiwan, and for other purposes (February 17, 2005)
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H.Con.Res.70 Expressing the sense of Congress that the United States should strong oppose China's Anti-Secession Legislation with Respect to Taiwan (February 17, 2005)

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​STRAIT TALK: AN ANALYSIS OF PRC-TAIWAN-US RELATIONS

CHINA'S NATIONAL INTERESTS
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  • Welcome
  • E-books
    • Strait Talk >
      • Chapter 1: Historical, Cultural, Legal, and Geographical Factors
      • Chapter 2: The Political Factor
      • Chapter 3: The Economic Factor
      • Chapter 4: The Military Factor
      • Chapter 5: The Issues
      • Chapter 6: The Negotiations
      • Chapter 7: Conclusions
      • Appendices
      • Images
    • An Analysis of China's National Interests
    • "One China" >
      • One China, Five Interpretations
      • One China Book
  • Blogs
  • Cross-Strait Relationship
    • Cross-Strait Timeline >
      • 2018-2019
      • 2016-2017
      • 2000-2015
      • 1980-1999
      • 1950-1979
      • 1911-1949
      • pre 1911
    • Official Documents >
      • Official Documents Library
      • 中国人民共和国​
      • 中華民國 (台湾)
    • Major Actors >
      • PRC
      • ROC
      • US
      • Japan
    • Military Balance
    • Political Warfare
    • Key Issues >
      • 1992 Consensus
      • Anti-Secession Law
      • One China
      • 'One Country, Two Systems'
      • Status Quo
      • Taiwan Independence
      • Taiwan Strait Crises
      • U.S. Arms Sales
      • Use of Force
    • Cooperation >
      • ROC
      • PRC
      • Signed Agreements
      • Cross-Strait Links
      • Peace Proposal
      • Military Talks
      • CEO Summit
    • Additional Resources on Cross-Strait Relations >
      • Books
      • Reports, Articles & Interviews
      • Multimedia
    • Glossary
  • Other Regional Issues
    • Cyberspace
    • East China Sea
    • South China Sea
    • THAAD
    • The Holy See
  • Photos
    • A Photographic Journey Through Old China
  • About
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