China-Taiwan Tensions and the Guomindang’s Existential Crisis

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People’s Republic of China vs Republic of China (Taiwan). CC BY 3.0, via Wikimedia Commons

In November 2014 the Guomindang (Chinese Nationalist Party) suffered a defeat in Taiwan’s local elections, winning 40.7% of the votes and only 6 out of 22 local seats. The main opposition party, the Democratic Progressive Party (DPP), gained 47.5% of the votes. This setback led to the resignation en masse of the Guomindang executive cabinet.

It was widely believed that the Guomindang’s declining popularity was caused by its policy of rapprochement with the Chinese Communist Party (CCP). The controversial signing of the Cross-Strait Service Trade Agreement (CSSTA) between Taiwan and mainland China was opposed by a majority of Taiwanese and resulted in the formation of the Sunflower Movement. Students occupied the parliament and eventually forced President Ma Ying-jeou to scale down his efforts to improve relations with the CCP.

The Guomindang did not draw the right conclusions from its electoral backlash. Instead of steering towards a more moderate policy, in June 2015 the Guomindang endorsed candidate Hong Xiuzhu (Wade-Giles: Hung Hsiu-chu), who stood out for her conservative pro-China views.

Hong’s poll ratings were so low that a few months later her own party ditched her, replacing her at an emergency meeting in October 2015 with Eric Chu, Guomindang chairman and mayor of New Taipei City. However, Eric Chu did not dissociate himself from Ma Ying-jeou’s pro-China stance. In May 2016, he travelled to mainland China to meet with President Xi Jinping. a move that further alienated Taiwanese voters. In the 2016 presidential elections, the DPP won 44.1% of the votes, while the Guomindang garnered a mere  26.9% of the votes.

Yet, once again, instead of aligning itself with moderate voters who viewed close Taipei-Beijing ties with suspicion, the Guomindang turned again to Hong Xiuzhu, electing her as its chairwoman – the party’s first female leader. Ahead of the chairmanship elections due in May 2017, the candidates are once again debating how to handle relations with the Communist Party, an issue that has been at the heart of the Guomindang’s internal struggles since the 1920s. Will the Guomindang be marginalized by the DPP and its Taiwan-centric stance? Or will it once again redefine itself so as to appeal to voters who reject closer ties with Beijing? Continue reading

The China-Taiwan Issue and the American Civil War

On November 6, 1860, the 19th presidential election of the United States of America was held. Abraham Lincoln, a relatively unknown politician born into a poor family, received 1,866,452 of the votes; although his three opponents combined received more votes (2,815,617), Lincoln won and became the 16th President of the United States (J. G. Randall / David Donald: The Civil War and Reconstruction, 1961, p. 133).
For the slave states of the South, Lincoln’s election was an insult. The new President was opposed to slavery. A large part of the white citizens of the South considered slave ownership as one of the fundamental rights guaranteed in the Constitution. They not only considered the black population inferior to themselves and by nature servile, but their entire economic structure and way of life depended on slave labour.
On November 13 the legislature of South Carolina under Governor William Henry Gist called a convention that would decide on the future of the State. Popular sentiment was by that time in favour of secession. On December 20 the South Carolina Convention passed by a unanimous vote of 169 an ordinance declaring that “the union now subsisting between South Carolina and other States, under the name of the ‘United States of America’, is hereby dissolved” (ibid., pp. 135-136). Within a few months, six more Southern States seceded from the Union: Florida, Georgia, Alabama, Mississippi, Louisiana and Texas.
On February 4, 1861, delegates from these states met at Montgomery, Alabama, where they promulgated their own Constitution. This was the founding act of the Confederate States of America. Jefferson Davis of Mississippi and Alexander Stephens of Georgia were elected President and Vice-President respectively.

 

The evolution of the Confederacy (source: Wikipedia)

 

Davis believed – as most Southern Confederates did – that they were faithful to the principles of their forefathers who had fought against British rule and had established an independent state. In his Inaugural Address he stated:

The right solemnly proclaimed at the birth of the States, and which has been affirmed and reaffirmed in the bills of rights of the States subsequently admitted to the Union of 1789, undeniably recognizes in the people the power to resume the authority delegated for the purposes of government. Thus the sovereign States here represented, proceeded to form this confederacy … (quoted in: Hugh Tulloch: The Routledge Companion to the American Civil War Era, 2006, p. 91). 

Vice-President Stephens was clearer about the true motive behind secession: the issue of slavery. The Southern states were primarily slave rural economies, and they resisted attempts by the Northern industrial states to limit slavery. In his Address on the Confederate Constitution of March 21, 1861, Stephens said:

The new Constitution has put  at rest forever all the agitating questions relating to our peculiar institutions – African slavery as it exists among us – the proper status of the negro in our form of civilization. This was the immediate cause of the late rupture and present revolution … [Our new Government’s] foundations are laid, its cornerstone rests upon the great truth that the negro is not equal to the white man; that slavery, subordination to the superior race, is his natural and moral condition. This, our new Government, is the first, in the history of the world, based upon this great physical, philosophical and moral truth (ibid., p. 93; my emphasis).

Flag of the Confederate States of America

Lincoln, however, was an unswerving opponent of secession. He wanted to preserve the Union, by peaceful means, if possible, or by war, if the Southern states ‘rebelled’ against the central government. In his own Inaugural Address in March 1861, Lincoln declared:

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The 1992 Consensus and China-Taiwan Relations

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Meeting between Ma Ying-jeou and Xi Jinping in November 2015 (source: Voice of America [Public Domain] via Wikimedia Commons)

From 2008 to 2016 Taiwan’s Guomindang administration and China’s Communist Party sought to deepen cross-strait dialogue and improve relations between the two sides. The meeting between Zhang Zhijun, the chief of China’s Taiwan Affairs Office (TAO), and Wang Yuqi, the chief of Taiwan’s Mainland Affairs Council (MAC), as well as Zhang Zhijun’s visit to Taiwan in 2014, showed that the two parties were committed to taking cross-strait relations to a new level. Ma Ying-jeou, the chairman of the Guomindang, repeatedly defended the so-called “1992 Consensus” as the basis for dialogue between Taipei and Beijing. PRC’s state-run news outlet China Daily echoed this view in a 2012 article, arguing that “the 1992 Consensus will be the proven foundation for future peaceful cross-Straits relations“. But the rapprochement between the Guomindang and the Communist Party, which culminated in the historic handshake between Ma Ying-jeou and Xi Jinping in 2015 (see picture above), alienated a large number of Taiwanese voters. They feared closer ties with the Communist giant, which still threatens to invade Taiwan and annex it if no other options for unification were left. In 2016 the Taiwanese electorate punished the Guomindang, gaving a broad popular mandate to the Democratic Progressive Party (DPP), thus putting an end to reconciliation as based on the 1992 consensus. 

But what is exactly the 1992 consensus and what does it mean for the development of China-Taiwan relations?

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Brexit Highlights Decline of Europe and Rise of China’s Neo-Communist Model

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Brexit (photo by Rlevente, licensed under CC BY-SA 4.0 via Wikimedia Commons)

In a historic referendum held on June 23rd the United Kingdom (UK) voted to leave the European Union (EU) by a thin margin of 51.9% against 48.1%. Whether this decision will harm the British economy or will lead the EU to its disintegration, as some have predicted, is a matter of speculation for the time being. However, the referendum and the Pandora’s box it has opened are clear signs of a long-term process: the decline of Europe and the shift of economic and political power to the East.

In an editorial the Global Times, a mouthpiece of the Chinese Communist Party (CCP), argued that the UK referendum is likely to push the entire continent into chaos, which will only accelerate the shift of wealth and power from West to East. “East Asia has witnessed decades of high-speed growth and prosperity”, wrote the Global Times. “Europe stays where it was, becoming the world’s center of museums and tourist destinations … Europe is not able to resolve the problems it is facing”. Continue reading

Voluntary Surrender and Confession in China’s Legal System – From the Empire to the People’s Republic

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A magistrate holds court (late 19th century. Author unknown. Public domain, via Wikimedia Commons)

China’s Televised Confessions

On January 17 Gui Minhai, a Chinese-born Swedish citizen, made a high-profile confession on China Central Television (CCTV), saying that he had turned himself to the authorities voluntarily. He confessed to having caused the death of a 20-year-old woman while drunk-driving back in 2003. According to China’s state media, Gui had subsequently fled mainland China with fake documents. “Returning to the Chinese mainland and surrendering was my personal choice and had nothing to do with anyone else”, the 52-year-old said. “I don’t want any individual or institutions, including Sweden, to interfere in anything to do with my return”.

Gui Minhai had mysteriously disappeared from his home in Pattaya, Thailand, on 17 October 2015. A camera in his Thai condo showed him that day as he came back home carrying groceries. Shortly afterwards, he drove away together with a man who had been waiting for him in the garage. According to Gui’s daughter, he suddenly stopped communicating with her. She did not know what had happened until she received an e-mail from Lee Bo, one of her father’s business associates: “Your dad has gone missing”, Lee wrote. “We’re afraid he was taken by Chinese agents for political reasons”. It has been suggested that Gui’s alleged abduction may be part of “Operation Fox Hunt“, launched by Xi Jinping in 2014 with the aim of forcibly repatriating Chinese citizens wanted by the government, including political dissidents. Thailand’s immigration authorities had no record of Gui leaving the country, a circumstance that contradicts Gui’s claim of having returned to China voluntarily. Continue reading

Legalism And Leninism In China’s Constitutional History

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The National People’s Convention met in the Great Hall of National Central University in Nanjing on May 5, 1931. Seven days later the Convention adopted the Provisional Constitution (photo by unknown author, via Wikimedia Commons)

When the Qing Dynasty was overthrown in 1911 and the Republic of China (ROC) was proclaimed, the revolutionaries led by Sun Yat-sen embarked on an ambitious experiment to modernise the country according to liberal Western ideals of democracy, human rights and division of powers. The new Republican government issued a Provisional Constitution which guaranteed progressive democratic rights, including judicial independence. However, after the first elections held in 1913, general Yuan Shikai unlawfully seized power and suppressed the elected parliamentary majority. Sun Yat-sen and his party, the Guomindang, were forced into underground opposition. When Yuan died in 1916, the central government fell apart, and regional warlords created personal fiefdoms in which they ruled like monarchs.

The 1912 Constitution was inspired by the ideals of the American and French revolutions. But the failure of democracy, the repression suffered at the hands of Yuan Shikai and the warlords, and the threat of foreign imperialism convinced Sun Yat-sen that democracy in China was unattainable as a short-term goal. He observed with keen interest the events of the Russian revolution, and the triumph of the Communists led by Lenin seemed to him an example of a revolutionary party that had succeeded where the Guomindang had failed. Sun asked for Soviet help, and Russian advisers were sent to China to reorganise the Guomindang on the basis of Leninist principles. Continue reading

Legalist Tradition And Criminal Law – Republic Of China vs People’s Republic Of China

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The original Constitutional Drafting Committee of the newly founded Republic of China, photographed on the steps of the Temple of Heaven in Beijing, where the Draft was completed in 1913 (photo by Rowanwindwhistlerhttp://www.archive.org/details/thefightforthere14345gut, CC BY-SA 3.0 via Wikimedia Commons)

In a previous post we have demonstrated that the Constitution of the People’s Republic of China (PRC) contains fundamental elements which are consistent with, if not directly derived from, Legalist principles. In this chapter we shall analyse and compare the Legalist elements contained in the criminal codes of the Republic of China (ROC) and of the PRC.

Legalism and the Criminal Code of the Republic of China

In 1911 the Xinhai Revolution overthrew the Qing Dynasty which had ruled China for over 260 years. On January 1st, 1912, the leader of the insurgents, Sun Yat-sen, proclaimed the foundation of the Republic of China (ROC). On March 11 the government promulgated the Provisional Constitution of the Republic of China (中華民國臨時约法). The Constitution embodied Sun’s political ideals, which he later enshrined in the Three Principles of the People. Sun had been educated in the United States and his worldview had been shaped by the three major Western ideologies of the 18th, 19th and early 20th century, namely nationalism, democracy and socialism. In his Three Principles, Sun tried to synthesize these three political currents in order to revitalise and strengthen China.

The Provisional ROC Constitution was heavily influenced by Western liberal democratic ideals, most especially the principle of free popular elections, of protection of individual freedoms and rights, and of division of powers, including judicial independence (法官獨立). Article 51 stated: “Higher government authorities shall not interfere with the independent work of judges” (法官獨立審判不受上級官廳之干涉). Continue reading

Indonesian Warship Fires Shots At Chinese Fishing Boat In South China Sea

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Natuna Islands (photo by Hobe / Holger Behr via Wikimedia Commons)

On May 27 the Indonesian navy intercepted a Chinese fishing boat which was allegedly fishing near Indonesia’s Natuna Islands, a group of 272 islands located in the South China Sea. On Monday Hua Chunying (華春瑩), the spokesperson of China‘s Foreign Ministry, stated at a press conference that China and Indonesia had “different opinions” regarding the incident.

According to Indonesian authorities, on May 27 an Indonesian destroyer intercepted the Gui Bei Yu-27088, a Chinese fishing vessel that was illegally fishing near Natuna Islands in Indonesia’s exclusive economic zone. The Indonesian warship communicated with the trawler and fired warning shots, but the Chinese vessel tried to escape into the open sea. Only after the destroyer had shot at the prow of the ship did the Chinese vessel stop. No member of the crew sustained injuries. The 8 Chinese fishermen on board were detained.  Continue reading

Law In Post-Mao China: Confucianism, Legalism, Imperial Traditions

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The Great Hall of the People, Beijing (photo by Thomas.fanghaenel, licenced under CC BY-SA 3.0 via Wikipedia Commons)

In the previous post we have described the similarities and differences between Maoism and Legalism, and in particular we have shown the parallels between Maoist and Legalist doctrines regarding the establishment of an autocratic, centralised state. Moreover, we have demonstrated that Mao Zedong rejected Confucian values, which he viewed as “reactionary”. In this post we will show how the People’s Republic of China (PRC) in the post-Maoist era has preserved elements of Legalism, Leninism and of the imperial legal system; at the same time, however, it has also rediscovered Confucianism as a more humane and family-oriented ideology which helped the Communist state overcome the brutality and the excesses of Maoist class struggle. Beijing’s attempt at combining Legalism, Leninism, Maoism and ancient imperial traditions has created a state with ideologically inconsistent and weak foundations. Yet at the same time the Chinese Communist Party (CCP) has succeeded in preserving power and consensus exactly because it draws upon such broad and various traditions.

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The Communist Party Will Uphold ‘One Country, Two Systems’, Oppose Hong Kong Independence, Says Zhang Dejiang

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Zhang Dejiang (photo by Lelde Rafelde, Saeimas Kanceleja, CC BY-SA 1.0 via Wikimedia Commons

On May 17, Zhang Dejiang  paid a high-profile visit to the Hong Kong Special Administrative Region (HKSAR). Zhang is a senior member of the Standing Committee of the Communist Party’s Politburo, ranking third after Xi Jinping and Li Keqiang. He currently serves as chairman of the National People’s Congress (NPC), as vice-chairman of the Chinese Communist Party (CCP), of the Central Committee and of the National Security Commission, and as head of the Communist Party’s Central Coordination Group for Hong Kong and Macau Affairs.

In Hong Kong Zhang attended a forum on the ‘One Belt, One Road‘ initiative. On May 19 he held a speech in which he outlined Beijing’s policy towards the city. He reassured the people of the territory that the Communist government will uphold ‘one country, two systems’ and that the city’s economy and way of life will remain unchanged. However, he also issued a clear warning to political groups opposing the Communist Party and calling for Hong Kong’s independence.

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