The Act Governing Relations between the People of the Taiwan Area and the Mainland Area ( Chinese : 臺灣地區與大陸地區人民關係條例 ), also called Cross-Strait Act ( Chinese : 兩岸條例 ), is the law of the Republic of China ( Taiwan or ROC) governing cross-strait relations .
31-493: The main purpose of the act is to protect the security and welfare of the people of Taiwan. The act defines its de facto controlled territory as the Taiwan area . It also provides a legal framework on the relations between Taiwan and mainland China without recognising the People's Republic of China (PRC) and its governmental organisations. It is enacted in accordance with Article 11 of
62-677: A Taiwanese subsidiary of iQIYI, was placed under investigation by the ROC's Ministry of Economic Affairs , and could be asked to close its "iQIYI Taiwan Station" if found in violation of the Act. On 19 August 2020, the Department of Commerce of the Economic Affairs Ministry, citing relevant regulations of the Act, banned OTT (and by extension iQIYI and Tencent Video) from further operating in Taiwan, or risk
93-1357: A continuous fine ranging from NT$ 50,000 to NT$ 5 million. Free area of the Republic of China Lai Ching-te ( DPP ) Hsiao Bi-khim ( DPP ) Cho Jung-tai ( DPP ) 11th Legislative Yuan Han Kuo-yu ( KMT ) Shieh Ming-yan acting Vacant Vacant Vacant Control Yuan Chen Chu Lee Hung-chun Local government Central Election Commission Kuomintang Democratic Progressive Party Taiwan People's Party Others New Power Party Taiwan Statebuilding Party People First Party Taiwan Solidarity Union New Party Non-Partisan Solidarity Union Newspapers United Daily News Liberty Times China Times Taipei Times Propaganda Censorship Film censorship Lin Chia-lung Cross-Strait relations Special state-to-state relations One Country on Each Side 1992 Consensus Taiwan consensus Chinese Taipei Australia–Taiwan relations Canada–Taiwan relations France–Taiwan relations Russia–Taiwan relations Taiwan–United Kingdom relations Taiwan–United States relations Republic of China (1912–1949) Chinese Civil War One-China policy China and
124-658: The Act Governing Relations between the People of the Taiwan Area and the Mainland Area defines as "the territory of the Republic of China outside the Taiwan Area". However, on more practical grounds, the "mainland area" refers simply to Mainland China . In addition, there are two other Acts defining other "areas": the " Hong Kong and Macau Area" ( Chinese : 港澳地區 ). The hand-over of these former European colonies to
155-887: The Additional Articles of the Constitution of the Republic of China promulgated on 1 May 1991. The act was drafted in the late 1980s and early 1990s. Early on 10 May 1948, the National Assembly of the Republic of China adopted the Temporary Provisions against the Communist Rebellion in the midst of the civil war between the Chinese Communist Party and the Kuomintang . In 1949, the Communists overthrew
186-477: The Additional articles of the Republic of China constitution took effect to end temporary anti-communist provisions on 1 May 1991. The term is also used in the 1992 Cross-Strait Act . The area currently under the definition consists of the island groups of Taiwan , Penghu , Kinmen , Matsu and some minor islands . The collective term " Tai-Peng-Kin-Ma " is literally equivalent except that it only refers to
217-701: The Kinmen and Matsu islands . Chiu Chui-cheng Chiu Chui-cheng ( Chinese : 邱垂正 ; pinyin : Qiū Chuízhèng ) is a Taiwanese politician who is the minister-designate of the Mainland Affairs Council . He previously serves as the political deputy minister and spokesperson for the Mainland Affairs Council from 2016 to 2023. Chiu obtained his master's degree in national development from National Taiwan University and doctoral degree in political science from National Taiwan Normal University . Prior to his appointment as Deputy Minister, Chiu
248-466: The Kuomintang government retreated to Taiwan and selected Taipei to serve as the provisional capital of the Republic of China. Mainland China was officially considered to be in a state of " Communist Rebellion ", also known as "Communist China" or "Red China", and furthermore all territories still under Nationalist administration were said to constitute the "Free Area" of China, also known as "Nationalist China" or "Free China". This period of mobilization
279-542: The 1980s and 1990s, there were demands, particularly by the Tangwai movement and other groups opposed to one-party authoritarian KMT rule, to restructure the ROC government, long dominated by mainlanders , to be more representative of the Taiwanese people it governed. For example, until 1991, members of the National Assembly and Legislative Yuan elected in 1948 to serve mainland constituencies remained in their posts indefinitely and
310-471: The 1991 revisions of the Constitution granted the sovereignty rights to the Taiwanese people , it did not explicitly name Taiwan and instead used the term "free area" to maintain the notion that the Republic of China encompassed more than Taiwan. In ordinary legislation, the term "Taiwan Area" is usually used, especially in contexts of trade and exchange. In contrast to the "free area" is the "mainland area", which
341-559: The Nationalist Government from mainland China, and proclaimed the establishment of the People's Republic of China while the government retreated to Taiwan, formerly a Qing province ceded to the Empire of Japan from 1895 to 1945. During the "Communist Rebellion" period , the ROC regarded cross-Strait relation as at war. However, after the PRC implemented economic reform and altered
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#1732848206092372-407: The PRC government, which are used in official statements, news reports, and press releases, etc., to serve this purpose. Among them, the terms "Taiwan area" or "Taiwan authority" ( 台湾当局 ) are commonly used to replace "Republic of China" or "Taiwan" (because mentioning only "Taiwan" but not "Taiwan area" or " Taiwan Province " would give an impression that Taiwan is an independent country). For example,
403-445: The PRC) and Taiping Islands (assigned to Kaoshiung by ROC, and to Sansha and Hainan by PRC). In 2017 Xinhua News Agency issued guidelines mandating no scare quotes for all members of local governments of Taiwan authorities (except Fujian and Lienchiang ) and preferring the term "Taiwan Area" over the term " Taiwan Province, People's Republic of China ", since the latter does not include
434-492: The People's Republic of China necessitated laws governing the relations of the Taiwan Area with them. The Acts are worded in a manner to avoid discussing whether the Republic of China claims sovereignty over Hong Kong and Macau . Based on the One China policy, the People's Republic of China (PRC) does not recognize the legitimacy of the ROC. A series of standardized terms called "Taiwan-related terms" ( 涉台用语 ) were invented by
465-470: The President of the Republic of China was to be elected by this same " Eternal Parliament " dominated by aging KMT members. However, more conservative politicians, while acquiescing to the need for increased democracy, feared that constitutional changes granting localized sovereignty would jeopardize the ROC government's claims as the legitimate Chinese government and thereby promote Taiwan independence . While
496-633: The Republic of China , and is treated together with Special Administrative Regions rather than other provinces. Taiwan Province only includes Taiwan and associated islands such as the Pescadores Islands , but "Taiwan Area" (the same as "Taiwan Area" as used by ROC, a.k.a.) is all area administered by Taipei and includes Fujian islands such as Kinmen , Matsu , as well as (at least in principle) Pratas Island (Tungsha/Dongsha) (part of Cijin District , Kaoshiung; claimed as part of Guangdong Province by
527-605: The United Nations Chinese unification Taiwan independence movement Taiwanese nationalism Tangwai movement The Taiwan Area , fully the " Taiwan Area of the Republic of China ", also the free area of the Republic of China , the " Tai-Min Area ( Taiwan and Fuchien ) " , is a term used to refer to the actual-controlled territories of the Republic of China , usually called "Taiwan". It has been in official use since
558-502: The act to be passed by the Legislative Yuan on 16 July 1992 and commenced at the end of the month. The act is prominent in governing the relationship between Taiwan and mainland China, which various subsidiary legislations were made under this law, and was amended during the ruling of both Kuomintang and Democratic Progressive Party (DPP). Article 18 of the act, regarding the deportation of mainlanders that legally entered Taiwan,
589-727: The approach to Taiwan starting from 1980s, the ROC Government allowed nationals to visit their mainland relatives in 1987, and the necessity of regulating the cross-strait relationship arose thereafter. In 1989, the Ministry of Justice unveiled the Provisional Bill Governing Relations between the People of the Taiwan Area and Mainland Area ( Chinese : 臺灣地區與大陸地區人民關係暫行條例草案 ). In 1991, the Temporary Provisions were repealed by President Lee Teng-hui , which allowed
620-591: The capital of the Republic of China until the Japanese invasion in 1937. The Japanese occupation ended with the imperial surrender in 1945, but the term "Free China" was soon to acquire a new meaning in the context of the early Cold War . Following the Communist Party 's victory in the Chinese Civil War in 1949, the newly inaugurated People's Republic of China solidified its control of mainland China , while
651-561: The exception of Hong Kong (a former British colony that was ceded by the Qing in 1842) and Macau (formerly a Portuguese colony ceded by the Qing in 1887) which are governed by the separate Laws and Regulations Regarding Hong Kong & Macao Affairs, unless changes in Hong Kong and Macau endanger Taiwan's security as stipulated by Article 60 of the Laws and Regulations: [...] should any change occur in
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#1732848206092682-437: The geographical areas of Taiwan, Penghu, Kinmen and Matsu Area, to the exclusion of Wuqiu , Dongsha Island , and Taiping Island . The term is complementary to "Mainland Area", which is practically viewed as being synonymous to Mainland China under the control of the People's Republic of China , despite the fact that the Republic of China constitution never defined specific territorial boundaries. Although acknowledging
713-463: The geopolitical area include: The term "free area of the Republic of China" has persisted to the present day in the ROC legislation. The Additional Articles of the Constitution of the Republic of China delegates numerous rights to exercise the sovereignty of the state, including that of electing the President and Legislature , to citizens residing in the "free area of the Republic of China". This term
744-480: The governance is limited to Tai-Peng-Kin-Ma and affiliated islands", but was withdrawn days later after first reading. According to the act, "people of the Taiwan area" refers to those under the jurisdiction of the government of the Republic of China on Taiwan and its associated islands ; "people of the Mainland area" refers to those under the jurisdiction of the government of the People's Republic of China , with
775-641: The reality of the Taiwan Strait, technically the Republic of China still claims to be the sole representative of China with its constitution. The term "free area" or " Free China " was used during the Second Sino-Japanese War (1937–45) to describe the territories under the control of the Kuomintang led Nationalist government in Chungking (today Chongqing ), as opposed to the parts of China under Japanese occupation, including Nanking (today Nanjing )
806-592: The relevant provisions of the Act Governing the Relations Between People of the Taiwan Area and the Mainland Area shall apply. Chiu Chui-cheng , spokesman of the Mainland Affairs Council , revealed to Nikkei Asia in 2019 that the ROC government planned to block iQIYI and Tencent Video (or WeTV) in Taiwan to curb false information against Taiwan made by the PRC government. Chiu added that OTT,
837-486: The situation of Hong Kong or Macau such that the implementation of this Act endangers the security of the Taiwan Area, the Executive Yuan may request the President to order suspension of the application of all or part of the provisions of this Act [...] Should the application of any part of this Act be suspended and no other laws or regulations be formulated to govern relations between the Taiwan Area and Hong Kong or Macau,
868-422: The term "Leader of the Taiwan area" ( 台湾地区领导人 ) is used to replace " President of the Republic of China " or "President of Taiwan", "Taiwanese citizens" is replaced with "Residents of Taiwan area" ( 台湾地区居民 ), and Executive Yuan is called "Taiwan area's executive body" ( 台湾地区行政管理机构 ), etc. In official PRC statistics involving Taiwan, "Taiwan Area" is widely used instead, corresponding to the ROC's Free Area of
899-522: Was officially terminated by the government on 1 May 1991 with the implementation of the Additional Articles of the Constitution . Prior to the Battle of Dachen Archipelago in 1955, the Free Area also encompassed a group of islands off Zhejiang, up to then part of the ROC province of Chekiang . The islands have since been administered exclusively by the People's Republic of China. Various names used to describe
930-412: Was put into the Constitution with the promulgation of the first set of amendments to the Constitution in 1991 and has been retained in the most recent revision passed in 2005. The need to use the term "free area" in the Constitution arose out of the discrepancy between the notion that the Republic of China was the sole legitimate government of China and the pressures of the popular sovereignty movement. In
961-404: Was ruled unconstitutional in 2013. An amendment was passed in 2019 which any cross-Strait political settlement must be considered by the parliament twice and approved in referendum before being signed by the president. A year later, parliamentarians from DPP tabled amendments to repeal wordings of "before national unification" and substitute with "accordingly to national development" or "during which