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 provisiondefines 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 forits 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. Owingto 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 underany 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 isthe 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 forthe 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 combatingcrimes; 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 thetable 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 betweenthe 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 politicalstatus 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.