Guidelines on punishing 'Taiwan independence' separatists are vital

Editor's note: Zhang Hua, a special commentator on current affairs for CGTN, is a researcher at the Taiwan Institute of the Chinese Academy of Social Sciences. The article reflects the author's opinions and not necessarily the views of CGTN.

A set of guidelines on imposing criminal punishments on diehard "Taiwan independence" separatists for conducting or inciting secession, jointly released by China's Supreme People's Court, the Supreme People's Procuratorate, and the ministries of public security, state security and justice, took effect on June 21.

The guidelines provide specific provisions on the overall requirements, standards for conviction and sentencing, and procedural norms for legally punishing "Taiwan independence" separatists involved in crimes of splitting the country and inciting secession. These guidelines not only offer clear directives for judicial handling of such cases but also serve as a strong deterrent to the persistent "Taiwan independence" advocates on China's Taiwan region, thereby contributing to the prospects of maintaining peaceful reunification of China.

Amidst the tense and turbulent situation across the Taiwan Straits, this strategic measure to legally combat "Taiwan independence" separatism and advance the process of national reunification further enriches the legal toolbox against "Taiwan independence" and external interference. It underscores a firm stance in defending national sovereignty, unity, and territorial integrity. Specifically, the importance of these guidelines is reflected in the following aspects.

On the path of advancing comprehensive rule of law in the country, Taiwan-related work and the punishment of "Taiwan independence" must also adhere to legal and regulatory frameworks. China has already established a complete legal system, including the Anti-Secession Law, the Criminal Law, the Criminal Procedure Law, and the National Security Law. These laws serve as powerful legal instruments for safeguarding national sovereignty, security, and development interests.

The issuance of these guidelines essentially provides a specific interpretation of Article 103 of the Criminal Law, further clarifying the concrete circumstances under which the crimes of conducting or inciting secession apply. It clearly defines terms such as "principal offender," "serious offense," and "active participation," and makes detailed provisions regarding aggravated circumstances, a statute of limitations, legal procedures, and the rights of suspects. This serves as an important legal guide for the upcoming legal handling and punishment of crimes committed by "Taiwan independence" separatists.

In Taiwan, due to the Democratic Progressive Party having been in power for eight years and Lai Ching-te becoming the regional leader for another four years, some politicians and citizens on the island have developed the mistaken notion that pursuing "Taiwan independence" can be done without consequences, and may even lead to political and financial gain. The release of the guidelines sends a clear signal to the outside world that "Taiwan independence" violates Chinese law and is even a criminal act, and those responsible will definitely be held accountable.

To eliminate any illusions held by "Taiwan independence" separatists, the guidelines particularly emphasize that China's public security and national security authorities can issue arrest warrants. For those meeting the conditions for "trial in absentia," trials can proceed in their absence once approved by China's Supreme People's Procuratorate.

Additionally, the pursuit of diehard "Taiwan independence" is not subject to the statute of limitations, meaning they will be held accountable for life. For those who flee to other countries and regions, measures such as repatriation and extradition can be implemented.

Moreover, the implementation of the guidelines is a strong measure to counteract the Lai Ching-te authorities "pro-independence" maneuvers.

Lai who stubbornly insisted on "Taiwan independence" advocates the "two states" theory, asserting that the two sides of the Straits do not belong to each other, making it a blatant confession of "Taiwan independence." After delivering his erroneous speech, and facing strong external criticism, Lai did not adjust his cross-Straits policy. Instead, he continued to agitate for "Taiwan independence" through media, challenging the mainland's red line, forcing the mainland to take countermeasures.

It's also worth noting that according to different circumstances, adopting differentiated attitudes will effectively guide the development of public opinion and social conditions in Taiwan. Punishing stubborn "pro-independence" separatists in accordance with the law is not aimed at the majority of people in Taiwan. The Chinese mainland continues to welcome and encourage exchanges and development with ordinary residents; there is no need for them to worry about this.

However, at the same time, the guidelines serve as a wake-up call for those in Taiwan who have held mistaken views in the past, including the media. The goal is to maintain peace and stability across the Taiwan Straits, promote China's peaceful reunification, and not to condone or indulge in any "pro-independence" words or actions. This is a responsible attitude towards cross-Straits relations.

(If you want to contribute and have specific expertise, please contact us at opinions@cgtn.com. Follow @thouse_opinions on X, formerly Twitter, to discover the latest commentaries in the CGTN Opinion Section.)