A Study On The Non-peaceful-means Terms Of Anti-secession Law

Historical experience and lessons show that there is always a risk of abuse of emergency state and emergency power,which can easily become a tool for those in power to exercise their personal rule,and cause serious human rights reduction.It is very important to bring the emergency into the orbit of rule of law and restrict the government's emergency power through the legal system of emergency to maintain the basic value of the Constitution and guarantee the basic rights and freedoms of citizens.To carry out the thinking of rule of law in the struggle against secession of the country,in addition to the concept of ‘the state of emergency can not be ruled' and to promote the improvement of the legal system of the state of emergency,is the proper meaning of governing the country by law,and is also the objective need to win the ‘legal war' against secession of the country.The non-peaceful-means terms of Anti-Secession Law,constituted by it's Article8 and Article 9,is an integral part of the general emergency law system of China.It plays a dual role of ‘authorization' and ‘regulation' to the government's emergency power adopting non-peaceful-means.Among them,Article 8 provides a direct legal basis for the state to adopt non-peaceful-means and other necessary measures to fight against secession,and at the same time limits the preconditions,implementation subjects and legal procedures for adopting non-peaceful-means and other necessary measures.Article 9 in the spirit of humanitarianism,from the perspective of safeguarding the legitimate rights and interests of Taiwan's civilians and foreigners in Taiwan,delimits the boundary for the government's power to adopt non-peaceful-means and other necessary measures,which plays an important role in countering possible "humanitarian interference".The non-peaceful-means terms of Anti-Secession Law is a refinement of the national-unified norms in the Constitution in the specific field of non peaceful way to solve the Taiwan question.It implements the principle of rule of law and the principle of respect and protection of human rights,which are established in the Constitution,and embodies the restriction of state power and the protection of basic rights of citizens.At the same time,these two provisions are also in line with the purposes of the Charter of the United Nations to safeguard the territorial integrity and political independence of sovereign states,in line with relevant international practice,and do not violate the principle of prohibition of the use of force in international law.In addition,The non-peaceful-means terms of Anti-Secession Law also show a highlyconsistent humanitarian spirit in line with international humanitarian law,and achieve the domestic application of the four Geneva Conventions and the second additional protocol of them.In terms of value orientation,The non-peaceful-means terms of Anti-Secession Law shows the sincerity of the state in pursuing peaceful reunification as much as possible,which is in line with the legislative purpose of Anti-Secession Law of promoting peaceful reunification of the motherland.