On the occasion of the new government in Mainland China for a month, it issued 22 judicial opinions on punishment of Taiwan ’s independence, causing public opinion in Taiwan.According to the analysis of scholars, in addition to advocating the jurisdiction of Taiwan, Lu Fang further refined the prerequisite for the anti -martial arts of Taiwan in the National Law in the National Law.
The Taiwan Affairs Office of the State Council of Mainland China held a temporary press conference on June 21.There are 22 opinions.
Based on the Criminal Procedure Law of the Mainland Criminal Law and the Anti -split State Law, it will determine the organization, planning, implementing Taiwan independence activities, promoting legal Taiwan independence, and promoting Taiwan independence internationally.The degree can be sentenced to confiscation of property, time imprisonment, and life imprisonment, and the heaviest can even be sentenced to death.
In addition, if the defendant is abroad, he can be absent from trial and will be held accountable for life.
The second part of this opinion is to propose four clearly defined basis for the conviction standards for the crime of dividing nationals.
The first two items are: in order to launch and establish Taiwan independence division organizations, plan and formulate Taiwan independence division action programs, plans, and plans, members of the commander's independent division organization or other personnel shall implement division and destroy the unified national activities;Modifying, explaining, abolishing relevant regulations in Taiwan, or voting for citizens, the motion to change Taiwan is part of the legal status of China.
Secondly, the opinions will also be "to promote international organizations or official exchanges and military contacts by promoting Taiwan's participation in the participation of sovereign countries to create two China, one China, one, and Taiwan independence in the international community;The use of power in the fields of education, culture, history, and news media has distorted and tampered with Taiwan as part of the facts of China, or for the split national behavior for the peaceful development of cross -strait relations and the unified national party, groups, and personnel ".
For these four items, Ni Yongjie, director of the Shanghai Institute of Taiwan, interpreted in an interview with the United Za posks. This is a precise definition of Article 8 of the Anti -split National Law on the premise of non -peaceful means of use in Taiwan.
Article 8 of the Anti -split State Law mentioned that "Taiwan independence split forces cause the facts of Taiwan to split from China in any name and way, or it will cause major incidents that will cause Taiwan to split from China, or peaceful and uniformly uniformThe possibility is completely lost. "The mainland must adopt non -peaceful methods and other necessary measures to defend national sovereignty and territorial integrity.
Ni Yongjie pointed out that the first two items of the opinions corresponding to the fact that "the facts of Taiwan split from China in any name and any way"; "by promoting Taiwan to join international organizations or international organizations that are limited to sovereignty countries orOfficial exchanges and military contacts ", or" political parties, groups, and personnel who support the peaceful development of cross -strait relations and the national unity of the country "correspond to the" major incident that causes Taiwan to split from China, or the possibility of peace and reunification is completely lost."" ".
He believes that after this opinion was released, the mainland has fully combined anti -independent combination at the political, military, and legal level.
Analysis: The mainland is preparing to do law for Taiwan's martial arts
Zhang Hongyuan, an associate professor of the Department of International Trade, Taiwan Zhili University of Science and Technology, who was once the deputy director of the Ministry of Mainland Affairs of the Kuomintang Mainland Affairs Department, also believed that the opinion released by the land side will be criminal by the anti -split national law and try to use the mainland to use the mainland.Criminal law, which is regarded by Taiwan as a political expression, compressed into criminal acts to deal with it, and then show jurisdiction over Taiwan.
He further inferred that this is likely to be a preparation for the judicial legitimacy of the mainland to launch military operations against Taiwan.
Zhang Hongyuan pointed out that the large scope of this opinion on the split behavior of independence in Taiwan is one of the main reasons for the rebound of all walks of life in Taiwan."When the mainland identified the" international participation of Taiwan "as a crime, it is actually extremely harmful to the emotions on both sides of the strait."
He emphasized that in the past, Taiwan has joined international organizations without opposition to the mainland and can create a dividend on cross -strait reconciliation space. It is now identified as criminal acts."Isn't this equivalent to destroying or depriving them of the minority chips available in political interactions on both sides of the strait?"
Zhang Hongyuan's judgment, Lu Fangxuan announced these 22 opinions at this time, and it is likely that during the period of the new president Lai Qingde that Taiwan ’s new president Lai Qingde, he will further discuss Taiwan independence.Therefore, he infer that at the Third Plenary Session of the Communist Party of China in July, anti -independence will be strengthened.
For these 22 opinions, the Taiwan Chaoge has been criticized in the past week. Whether it is the Democratic Progressive Party or the Kuomintang in the wild, it emphasizes that mainland China has no judicial jurisdiction over Taiwan.However, the DPP emphasizes that most Taiwanese will be identified as "Taiwan independence."
Lai Qingde, who is also chairman of the Democratic Progressive Party, said on Wednesday (June 26) at the Democratic Progressive Party that more than 90%of people in Taiwan may be affected, reminding people that if they go to mainland China to do business travel, they need to travel to business.Pay attention to risk.
But the mainland National Taiwan Affairs Office spokesman Zhu Fenglian emphasized at a regular press conference that morning that this opinion did not target and did not involve the majority of Taiwan.
She reiterated: "Opinions clearly indicate from the title to the text that the punishment measures are targeted at the stubborn stubborn molecules of Taiwan independence, as well as the split countrys they implemented and incite the division of the country."
Scholars: Three -level punishment objects are mainly targeted at politicians
In response to the target of punishment, this opinion also further explains that in Article 103, paragraph 1 of the Criminal Law of the mainland, the primary elements of organization, planning, implementation of the country, and destroying the country's unity, major crimes, and active participation.
"For the role of organizing, planning, and command in the Taiwan independence division crime group" is identified as "primary elements"; directly participating in the implementation of the main split activities of Taiwan independence tissue, and implementing Taiwan independence divisionThose who have serious activities and bad impacts, and other important role in Taiwan independence split activities are identified as "major crimes."
Participate in the split tissue split activities of Taiwan independence, the role of the backbone in the split organization of Taiwan independence, and actively assist the primary elements to implement the organization and leadership behavior, and are recognized as "active participation."
Ni Yongjie pointed out that these three types of personnel are the objects to be punished for this opinion. They are mainly for politicians. The 10 stubborn stubborn elements of Taiwan independence announced by the mainland are believed to be the first target of punishment.
Since 2021, the mainland has announced a total of three "Taiwan independence stubborn stubborn molecules" list, a total of 10 people, namely Taiwan Vice President Xiao Meiqin, Secretary -General of the National Security Council Wu Zhaoxuan, Deputy Secretary -General of the National Security Association, Lin Feifan, Minister of Defense Gu Lixiong, and MinjinKe Jianming, general convener of the party legislators, Cai Qichang, Wang Dingyu, and former executive director Su Zhenchang, former Legislative director You Xizheng, and predecessor chairman Chen Shuhua.
Among them, Xiao Meiqin was included in the Cai Yingwen government's representative in the United States, and was named twice and aggravated sanctions. Lai Qingde, who claimed to be "pragmatic Taiwan independence workers", was not on the list.
Wu Se, the director of the Taiwan Think Tank China Issues Research Center, which is closely related to the DPP relationship, and pointed out in the Lianhe Morning Post that from the previous list, it can be found that the "Taiwan independence stubborn stubborn" currently identified in Beijing has a certain reputation, political, political, political, political, politicalPersonnel of influence and power.This includes the five Taiwanese media names announced in May this year, and they are also opinion leaders.
He said that although Beijing did not explicitly label "Taiwan independence stubborn" label, but the concept was similar.
Wu Si believes that in the next step, you can observe whether Beijing referred to the model of Hong Kong's anti -repair examples to gradually expand the list of "Taiwan independence stubborn people". When the operating object is becoming wider and widerEssence
The Taiwan independence case is absent -minded that the suspect will be held accountable for life according to law
On the other hand, according to the opinions released by this time, the primary or crime is severe in prison or more than 10 years in prison. Among them, those who have a particularly serious harm to the country and the people are particularly severe, and they can be sentenced to death.
103 Mainland Criminal Law quoted by this opinion can be found that the heaviest sentence among the original laws is only life imprisonment; and the Hong Kong National Security Law, which was implemented at the end of June 2020, also the most important punishment also reached life imprisonment.
Ni Yongjie's interpretation of the death penalty of punishment independence, which shows that the mainland's determination is that the degree of harm to national security to national security is particularly serious.
In addition, the third part of the opinion part of the "correct application procedure" states that the Taiwan independence division case may be absent from trial.
Zhang Qingbin, deputy director of the major criminal procuratorate of the Supreme People's Procuratorate in China, explained at a press conference on the Taiwan Affairs Office of the State Council on June 21 that the crime that seriously endangers Guoan must be tried in time.Overseas defendants filed a public prosecution in accordance with the law.
The opinion also mentioned that if the relevant criminal acts are continuous or continued, the period of prosecution is calculated from the date of the end of the criminal act.After the case is accepted, if the investigation or trial is evaded, it will not be restricted by the period of prosecution.
Sun Ping, deputy director of the Legal System Bureau of the Ministry of Public Security, further explained that this means that no matter where they are suspected, they will hold their accounts for life according to law.
Non -Taiwanese are also included in the scope of punishment independence?
Zhang Hongyuan, an associate professor of the Department of International Trade, Taiwan Zhili University of Science and Technology, questioned that the opinions did not clearly define whether the "Taiwan independence stubborn elements" must be Taiwanese, and it also involved the absence of foreign personnel.Is the scope of punishment?"So as long as the personnel are arrested as soon as the people enter the country? Or is it just that Beijing has taken a lack of censorship in the country? Or is it involved in overseas pursuits? These are all problems."
He believes that this shows the political considerations of this opinion during design, and may be more than substantial legal implementation considerations.
Ni Yongjie's view is that as long as it is engaged in Taiwan independence division activities, "even Americans, as long as the evidence is conclusive, it is also the object of our (mainland) blow."
On the other hand, Lin Tinghui, former deputy secretary -general of the Taiwan International Law Society, specified on Monday (June 24) that Beijing may follow the overseas police station to arrest people on the list of Taiwan independence. Taiwan should also start inventoryRelated risk countries.
Taiwan's promotion of tourism warning strongly recommends that the public is exempted from Lu, Hong Kong and Macau
Regarding the announcement of these 22 punishment independence, the mainland committee of the Taiwan government officially announced on Thursday (June 27) that the tourism warning of the mainland and Hong Kong and Macau as an orange lamp.Enter Lu, Hong Kong and Macau. "
Liang Wenjie, deputy chairman and spokesman of the Taiwan Mainland Council, emphasized at the regular press conference that this is a reminder and warning made by the Taiwan government based on responsibilities, and will not forcibly prohibit the people of Taiwan from going to the mainland;To go to Lu, Hong Kong and Macau, it still depends on its own considerations.
He said that this is not an anti -countermeasure of the land side, and has not returned to the Cold War on both sides of the strait.
As for whether there are cross -border hunting or even extradition of Taiwan independence people, Liang Wenjie said that most countries with an extradition agreement with mainland China have political prisoners who do not extradite.Except for the clause.
He pointed out that the Taiwan government preliminarily evaluated that in this case, all developed and advanced countries will not extradites Taiwanese people to the mainland because of the crime of "split the country", but he does not rule out that individual countries will cooperate with Beijing.
