China’s Legal Measures against Taiwan independence Separatists - ANALYSIS

Columnist 15:46 16.07.2024

China, a nation that has always preferred peace, has once again adopted precise legal measures rather than violence to address arrogant separatists of Taiwan which illustrates its time-honored traditions of humanity, conflict resolution, dialogue, diplomacy and development instead of using any intimidating measures. 

External forces of imperialism are once again poised in creating instability, enmity and conflict within Asia Pacific and to do so Taiwan has been chosen as the axis. It should be noted that China reserves legitimate rights over Taiwan which has been a province of the People’s Republic for ages and any western narrative cannot rewrite the history. 

In the face of the, western sponsored, growing anti-China narrative and pressure that the Taiwanese government is encountering to forge alliances with the West, Beijing has adhered to zero-violence traditions by issuing a series of guidelines which calls for punishing so called diehard "Taiwan independence" separatists for inciting or provoking secession, and allowing a trial in absentia in certain cases.

The aim of these guidelines is to preserve the principle of national sovereignty of the People’s Republic and to maintain the territorial integrity of China through the deity of law. It should be clear that Taiwan is part and parcel of China and will always remain so.    

The guidelines originate from the Anti-Secession Law, the substantive part of the Criminal Law and also the procedural aspect of the criminal law thus providing precise rules pertaining to the conviction and sentencing in the event of such crimes, as well as relevant procedures that ought to be followed in the handling of relevant cases. This shows the Chinese preference and loyalty towards the rule of law over sponsoring lethality which would further fuel anarchy and fulfill the aims of the enemy, and as a result inching towards a peaceful solution for Taiwan. 

These guidelines are nothing but a grand strategy of the Chinese government and their timely action to dissolve any attempt at creating instability within the Chinese mainland and to manage sentiments of separatism, subversion, disassociation, dissatisfaction and displeasure among Taiwan diehard supporters.    

Additionally, any individual found guilty of the commission of the said acts with the aid of any foreign power, institution, organization or individual would be dealt with even more severe punishment in order to control the anti-China narrative being promoted in Taiwan with the aid of Western influence. Thus these legal measures would bear positive results very soon. 

Article 6 of the new legal document encapsulates that those who commit any act that has the impact of causing divisions among the state or are aimed at harming the harmony within the Chinese mainland or an act that exposes the state and its people to grave harm would be sentenced to death. Experts term it as a wise move to curb and destroy all schemes and conspiratorial plots of the independent Taiwan separatists.

The guidelines further delineate the principles of balancing clemency and severity and proportionality in judicial procedures. However, by voluntarily dropping their "Taiwan independence" stance, by restraining themselves from conducting separatist activities, and taking measures to mitigate or undo the harm, or acting to prevent the spread of the damage, they may have their cases dismissed or be exempted from prosecution. This highlights the level of fairness that is present in the Chinese judicial system and illustrates that it is a balanced policy based on practical legal measures.

Furthermore, it is ensured that due process is carried out without any prejudice or bias, the rights of the suspect or the defendant are respected, such as their right to defense, right to appeal and the suspects are not subjected to inhumane or degrading treatments in pretrial detentions. 

This reiterates the Chinese essence and respect for protection of fundamental human rights highlighting its civility, humanity, positivity and higher moral standing towards society, system, and general masses even in times of crisis, chaos, anarchy and abnormality.

Moreover, the spokesperson of the Taiwan Affairs Office of the State Council, justified these newly announced legal measures by terming it as common occurrence in nations around the globe to punish rogue elements in the state and to punish individuals that conduct secession or related activities to safeguard the core interests of the state. Thus it has universality, uniformity and conceptuality and contextually of international criminal law/justice.    

It should be noted that the perception that these guidelines would be used against common citizens is unfounded as the legal measures are designed to deal with a small number of diehard individuals who prompted by the western agenda, engage in or incite secession activities. Thus it is a targeted legal strike to dismantle the small group that aims to destroy the harmony among Chinese provinces. 

Conclusively, the legal measures announced by Beijing are well articulated and systemized, which streamline national consensus about Taiwan and China’s legitimate right about its unification with the mainland and Chinese strict stance in the protection of its national sovereignty and territorial claims. 

These legal measures are a significant strategic blow to Lai and his fellow separatists. It authorizes Chinese courts to bring diehard "Taiwan independence" separatists to trials in absentia which is integral to keep its national sovereignty intact and only in the most severe cases, a convict may receive a death sentence. It also acts as a severe warning and deterrent to external forces who are constantly keeping Taiwan as a flashpoint to disrupt the global growth of China by keeping it entangled in domestic affairs. Critical analysis reveals that these legal measures and judicial mechanisms would protect a peaceful and prosperous future for people on both sides of the Strait and encourage reunification. Thus separatists must face criminal prosecution.

About author:

Dr. Mehmood Ul Hassan Khan President of Pak-China Corridor of Knowledge and the Executive Director of the Center for South Asia & International Studies (CSAIS)

 

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