The Constitutional Approach Of The Reunification Between Mainland China And Taiwan

Taiwan has been an inalienable part of China’s sacred territory, and the reunification of the motherland is the common aspiration of the Chinese nation. In the rule of law environment, the solution of the Taiwan issue is no longer a pure political problem, which means it also need constitutional documents to provide legal basis for solving this problem, to standardize and to guide the specific behavior during this cause. Therefore, in order to promote cross-strait exchanges and the reunification of the motherland, China has made the "Anti-secession Law" and agreement were signed between ARATS(Association for Relations across the Taiwan Straits) and SEF(Straits Exchange Foundation) under the frame of constitution. All these provide the basis and legal safeguard for the development of cross-strait relations. At present, the regulatory documents on cross-strait relations in China remain omissions, thus cannot fully meet the needs of the development of cross-strait relations. We still need to start from the perspective of constitutional law and use the constitutional resources, to solve new problems and dilemmas emerging constantly during the development of cross-strait relations.Similar to the division of China, after the end of World War II, due to the impact of the U.S.- Soviet cold war, Germany had been fragmented into two parts: the German Democratic Republic and the Federal Republic of Germany. Division is not what the German people want. Fortunately in October 3, 1990, under the joint efforts of both parts, the all five states of German Democratic Republic, added into the Federal Republic of Germany, thus realized the reunification of Germany. In this process, the two German countries have made a lot of efforts in the field of constitution, to lay the legal foundation for the reunification of the country. For example, the "Basic Law" has set rules of "add into" and "merging" as means to complete the reunification of country. The methods and ways of the reunification of Germanys may not be imitated directly, but their experience and idea can provide beneficial reference to solve China’s Taiwan problem, such as using the constitutional mechanism as the framework of reunification, easing relations through the national agreement, and promoting national unity progress by the constitutional interpretation.Based on what aforementioned, using historical research and comparative method, this article carried out scientific survey on the experiences and lessons in the process of the reunification of the two Germanys in the field of constitutional law, and analyzed the feasibility of the experience and lessons in the settlement of Taiwan issue rationally, in order to provide some ideas to solve China’s Taiwan problem. The structure and contents of the article develop as the following logic: first, the article will clarify the regulatory documents on the Taiwan issue, and analyze their shortcomings and solutions. Although China mainland and Taiwan have published some regulations about the cross-strait relation, the ARATS and the SEF also have signed a lot of agreements, but the problem still exist, that the regulations are lack of concrete guidance and the agreements are not specific enough. Secondly, analyze the nature of the relationship between the mainland and Taiwan, and make clear the intension of “two one China”. Finally, this paper will, based on the analysis of the Taiwan issue, relative theories on the reunification of both sides, and the lessons from the reunification of Germany, put forward some suggestions to promote the reunification across the strait in the constitutional dimension.