在中国大陆《反分裂国家法》（以下简称《反分裂法》）届满10周年前夕，国

在中国大陆《反分裂国家法》（以下简称《反分裂法》）届满10周年前夕，国台办主任张志军在《人民日报》撰文指出，中共一方面要在九二共识的基础上加强两岸之间的制度化协商与谈判 ，巩固并且扩大两岸和平发展的成果，但在另一方面也要贯彻《中华人民共和国宪法》（以下简称《宪法》）及《反分裂法》，增强用法律手段来捍卫一个中国，反对台独。

这和近年以来，北京最高当局多次重申要依法治国，依宪治国的立场完全一致，值得各界重视。

先由原则面出发，北京当局最近一再主张依法治国、依宪治国，不管由哪个角度来看，这绝对都是一种进步，由人治走向法治，按照法律的规范办事，既规范了政府的权力运用，也保障了人 民的权利范围，这对双方都是一种保护和约束，谁都不能逾越法律的授权，这当然比过去那种一人一把号，各吹各的调，或有法不依，有令不行，一朝权在手，便把令来行的做法为好，各界 当然应该给予肯定。

再从两岸关系方面来看，如果此一政策能够贯彻落实，用法律的方式来规范和约束北京的政策，当然也比任由主政者单凭一人，或少数人的自由意志来处理事情更让人觉得稳当。既然要依法 处理问题，政策的处置与变化应该就会更有延续性和可预测性，而不会有朝令夕改、昨非今是、昨是今非的情况出现，或选择性执法的问题，让两岸双方都有一个依循的标准和判断的依据， 岂不甚好？

在张志军提出依法捍卫一中的专文之后，台湾陆委会随即回应，指称《反分裂法》是中国大陆方面的片面立法，未能尊重台湾民众的选择，没有正视两岸的现实。从表面上看，陆委会的主张 不能说是完全没有道理，但这其实可以看成是台北官方的立场问题，不管大陆的主张和做法是否合理，也不管台北内心同意与否，陆委会在表面上必须表达不以为然的态度，外界对此可以不 必过分当真。

其实，如果仔细来看，陆委会在回应的过程中，还是提到了在《中华民国宪法》架构下，推动现行的不统、不独、不武政策，这就意味着台北的大陆政策也是在法律规范下，把两岸视为一国 两区，有自由地区与大陆地区之别，确定两岸非属国与国关系，然后逐步加以推动。既然台北的大陆政策是在法律的规范之下运行，大陆当局用法律来处理两岸关系当然也有其正当性、合理 性和合法性。

莫明的优越感和悲情心态

当然，张文的重点在于维护一中，虽说两岸当局对于一中的定义和内涵各有不同的解释，而这正是九二共识的精义之所在。在台湾的角度来说，一中当然是指中华民国，从宪政法理出发，台 湾当局当然也要依法加以捍卫，虽说于今的时空环境，社会民心都有很大的变化，主张台独成了言论自由的一部分，政府自己不敢高调主张国家统一，但难道连对岸主张依法维护国家统一也 不允许？莫名其妙！

一如所知，台湾上下在面对中国大陆时常有一种双重、多重标准，莫明的优越感和悲情心态。举例而言，美国的《台湾关系法》同样是用美国国内立法的形式和方法来规范美台之间的非官方 关系。但迄今我们没有看到有人批评《台湾关系法》是片面，没有顾及台湾民意，有伤台湾尊严的国内立法，反而还想不断地加强、深化台湾关系法对台湾所提供的各种保障。国民党固然如 此，民进党更糟。

在张志军的文章中除了谈到《宪法》与《反分裂法》之外，也提到《台湾同胞投资保护法》。一如前述，既然谈到要依法治国，依法处理两岸关系，当然越多与两岸事务和民众利害相关的立 法越好，而且是越周严越好，从刑事到民事，由商业活动与仲裁到共同打击犯罪，从文化交流到宗教互动等等，如果都能以法律的方式，来确定彼此之间的权利与义务关系，当然是好事一桩 ，值得鼓励。

其实，根据此一逻辑，两岸当局除了一方面应该加强立法，让法治的涵盖面更广之外，另一方面也该进一步检讨，在各自现行体系内的相关法律，在面对或处理两岸关系时还有哪些不足，窒 碍难行或明显歧视的法条或规章。比如说台商的人道探视，台胞的人身保护，陆配入籍，陆生就学，大陆民众继承等等问题，都应一一予以检讨或修正，这才能真正体现两岸当局真心诚意愿 意依法行政，依法办事，以民众福祉为依归的政策目标。

最后，笔者认为，台湾首先应该摆脱不健康的悲情意识，抛开自怜自艾，自悲转为自大的心态，其次则是应持乐观其成的态度，鼓励两岸，尤其是大陆当局依照法律的授权，按照法律的规范 ，在法制的基础上，以渐进的方式往法治的方向发展，多做实事，少说空话，脚踏实地地多为两岸人民服务，逐渐缩小两岸民众在心理、制度及价值上的距离。长此以往，即使两岸统一不能 在短期内水到渠成，但就长远而言，台湾独立绝无可能矣

Results (English) 2:

In the Chinese mainland, "Anti-Secession Law" (hereinafter referred to as "anti-secession law") on the eve of the 10th anniversary of the expiry of the State Council Taiwan Affairs Office Director Zhang Zhijun in the "People's Daily" wrote that the CCP hand to strengthen the two sides on the basis of the 1992 Consensus institutionalized consultations and negotiations between the two sides to consolidate and expand the results of peaceful development, but we must also implement the "People's Republic of China Constitution" (hereinafter referred to as "the Constitution") and the "anti-secession law" with the legal means to enhance defending a Chinese oppose Taiwan independence. This recent years, Beijing has repeatedly reiterated the highest authorities want the rule of law, according to the Constitution exactly the same position, it is worth public attention. The principle of starting first by plane, Beijing authorities have recently repeatedly advocated the rule of law, according to the Constitution, no matter from which point of view, this is definitely an improvement, from the rule of man to the rule of law, act in accordance with the norms of the law, both regulate the power of the government use, but also the scope of protection of the rights of the people, which is a kind of protection for both sides and constraints, no one can go beyond the authorization of the law, of course, that one person than in the past a number, each blowing a different tune, or failure to abide , orders and once in the right hand, he gave the orders of the practice as well, of course, all walks of life should be affirmed. Then from the point of view of cross-strait relations terms, if able to implement this policy, legal way to regulate and restrain Beijing's policy, of course, those in power than let alone one person, or a small number of human free will to deal with things more people feel safe. To deal with the problem since the law, handling and policy changes will be more continuity and predictability, instead of a flip-flop, this non-yesterday is yesterday is now non-situation, or selective enforcement problems, so the two sides have a standard to follow and determine the basis, it not very good? After Zhang Zhijun defended a proposed law in a special article, then Taiwan's Mainland Affairs Council to respond to the alleged "anti-secession law" is the Chinese mainland's one-sided legislation failed to respect the choice of the people of Taiwan, the two sides did not face reality. On the surface, the idea of the MAC can not say that it is not justified, but in fact can be seen as the official position of Taipei question, whether the ideas and practices in the continent is reasonable, and whether you agree or disagree heart of Taipei, Mainland Affairs Council On the surface must express disapproval of the attitude of the outside world this can not be overly seriously. In fact, if you look carefully, the Mainland Affairs Council in response to the process, or mentioned in the "Republic of China Constitution" architecture, and promote the existing no unification, no independence, no use of force policy, which means that the mainland policy is in Taipei Under the laws and regulations, the two areas on both sides regarded as a country, there is not freedom of the Area and the Mainland Area, identified the two sides belong to the non-state relations, and then gradually to promote it. Since Taipei's mainland policy is to run under the norms of the law, the mainland authorities to use the law to deal with cross-strait relations, of course has its legitimacy, rationality and legitimacy. Somehow tragic attitude of superiority and of course, Zhang focuses on maintaining one, although authorities on both sides for a definition and meaning of different interpretations, and this is the essence of the 1992 consensus lies. Taiwan's point of view, of course, refers to the Republic of China a departure from constitutional jurisprudence, of course, have to defend Taiwan law, the people have a lot of social change though today's space-time environment, advocating independence became remarks part of the freedom, the government does not dare to high-profile advocate of national unity, but could not even stand on the other side is not allowed by law to safeguard national unity? Somehow! As is known, up and down in the face of mainland China to Taiwan often have a double, multiple standards, somehow superiority and tragic state of mind. For example, the US "Taiwan Relations Act" is also in the form and methods of American domestic legislation to regulate the unofficial relations between the United States and Taiwan. But so far we do not see anyone criticizing the "Taiwan Relations Act" is one-sided, not take into account public opinion in Taiwan, Taiwan injured dignity of domestic legislation, but also want to continue to strengthen and deepen the Taiwan Relations Act safeguards provided by Taiwan. So of course the KMT, DPP worse. In addition to Zhang Zhijun article talked about "Constitution" and "anti-secession law," but also noted that "Taiwan Compatriots Investment Protection Act." As mentioned above, since talked about the rule of law to deal with cross-strait relations law, of course, the more cross-strait affairs and the public interest and related legislation, the better, and the more the better Zhou Yan, from criminal to civil, commercial activities by arbitration to the fight against crime, from cultural to religious interaction, etc., if the law can be a way to determine the rights and obligations of the relationship between each other, of course, is a good thing, should be encouraged. In fact, according to this logic, the two sides should strengthen the legislative authority except the one hand, the rule of law so that a wider coverage than the other, that a further review of the current system in their respective laws, in the face or handling cross-strait relations What insufficient time, difficult to implement or apparent discrimination statute or regulations. For example, humanitarian visit Taiwan, Taiwanese personal protection, land with citizenship, land gifted school, mainland people inherit and so on, should be reviewed or amended one, which can truly reflect the authorities on both sides sincerely willing administration, accordance with the law, policy objectives in mind the welfare of the people. Finally, I believe that Taiwan should first get rid of the unhealthy sense of pathos, put aside self-pity, self-compassion turned arrogant attitude and, secondly, should have an optimistic attitude, to encourage the two sides, especially the mainland authorities in accordance with the law authorized, in accordance with the norms of the law, on the basis of the rule of law, in a progressive manner to the direction of the development of the rule of law, more substantial, less talk, more down to earth service for people on both sides, people on both sides gradually reduced in psychology, systems and values distance. Over time, even if reunification is not a matter of course in the short term, but in the long run, impossible to carry on Taiwan independence

Results (English) 3:

In Chinese, "anti Secession Law" (hereinafter referred to as the "anti Secession Law") at the 10 anniversary, the Taiwan Affairs Office Director Zhang Zhijun in the "people's Daily" wrote that the Communist Party of China, on the one hand to strengthen the institutionalization of consultations and negotiations between the two sides in nine two based on consensus, consolidate and expand the achievements of peaceful development of cross strait relations on the other hand, but also to implement the "the people's Republic of China Constitution" (hereinafter referred to as the "constitution" and "anti Secession Law"), reinforced by legal means to defend a Chinese, oppose Taiwan independence. It and in recent years, Beijing's highest authorities repeatedly reiterated the need to rule the country by law, governing the country according to the constitution of the same position,Worthy of all the attention. The principle of

, the Beijing authorities recently has repeatedly advocated the rule of law, according to the constitution, no matter from which point of view, it is a kind of progress, from the rule by people to the rule of law, act in accordance with the law, not only standardize the use of power by the government, but also to protect the rights of the people, to both sides is a kind of protection and restriction, who all can not go beyond the legal authority, which of course than in the past the kind of a man a number, the tune of the wind, or laws, orders, once right at hand, he gave the orders for practice as well, from all walks of life should be affirmed. , in cross-strait relations,If this policy can be implemented, with the legal means to regulate and restrain the Beijing policy, certainly than let the government on the basis of a single person, or a man's free will to deal with things make you feel more secure. Since the issues dealt with according to law, to dispose of and change of policy should be more continuity and predictability, but not inconstant in policy, this is yesterday, yesterday is the emergence of this situation, or selective law enforcement problems, so that both sides have a follow the standard and basis for judgment, not very good? After Zhang Zhijun put forward to defend a

in the article, Taiwan's Mainland Affairs Council responded immediately,Alleged "anti Secession Law" legislation, the Chinese is one-sided, failed to respect Taiwan people choice, not face up to reality on both sides of the Taiwan straits. On the surface, the Mac that is not altogether without reason, but it can be regarded as Taipei's official position, regardless of the opinions and practices, whether reasonable, whether Taipei heart agree or not, the MAC on the surface must be expressed not to regard it as right attitude, there can not be overly seriously. In fact, if you look carefully,

, MAC in response to the process, is mentioned in the "constitution of the Republic of China under the framework of", to promote the current system, not only,No force policy, which means that Taipei's mainland policy is in the legal norms, the cross as a country in two areas, there are free area and the mainland area, the two sides non state to state relations, and then gradually to promote. Since Taipei's mainland policy is running under the legal norms, the mainland authorities to use the law to deal with relations between the two sides of course has its legitimacy, rationality and legitimacy.

sense of superiority and melancholy. Of course, the key lies in the maintenance of a Zhang Wen, although the authorities on both sides each have different interpretations of the definition and connotation of one, and this is where the essence of the nine two consensus. In the perspective of Taiwan,One of course refers to the Republic of China, from the perspective of constitutional law, the Taiwan authorities also according to the law to defend, although this time the social environment, the people have changed a lot, the pro independence became a part of the freedom of speech, the government did not dare to high-profile advocate of national unity, but not even the claim according to law to safeguard national unity do not allow? Be rather baffling!

as know, Taiwan in the face of Chinese under, often have a double, multiple standards, sense of superiority and melancholy. For example,The America "Taiwan Relations Act" is also used USA domestic legislation form and method to regulate the relationship between the non official. But so far we have not seen the critics "Taiwan Relations Act" is one-sided, did not take into account the Taiwan public opinion, has hurt the dignity of Taiwan's domestic legislation, but also to a variety of security continue to strengthen, deepen the Taiwan Relations Act provided for Taiwan. So, though the DPP KMT worse.

in Zhang Zhijun talked about the "constitution" and "in addition to the anti Secession Law", also referred to "Taiwan compatriots investment protection law". As mentioned above, since it comes to the rule of law, in accordance with the law to handle cross-strait relations,Of course, the more closely connected with cross-strait affairs and public law is better, and better is more strict, from the criminal to the civil and commercial activities, the arbitration to the fight against crime, from the cultural to the religious interaction, if can in a legal way, to determine each other's rights and obligations, of course a good thing, should be encouraged.

in fact, according to this logic, the authorities of the two sides except the one hand, we should strengthen the legislation, the rule of law that covers a wide, on the other hand, the further review, the relevant laws in the current system, in the face of or dealing with cross-strait relations have what inadequacy,Zhi hard line or obvious discrimination law or regulation. For example, the humanitarian visit Taiwan, Taiwan's personal protection, land distribution, land school, naturalization, inherit and so on, should be reviewed or revised one one, which can truly reflect the authorities on both sides wholeheartedly willing to administration according to law, in accordance with the law, to the well-being of the people oriented policy objectives. The author thinks, Taiwan. Finally, should first get rid of tragic consciousness is not healthy, without self pity, from sad to arrogance, the second is to be optimistic attitude, encouraging both sides, especially the mainland authorities in accordance with legal authorization, in accordance with the law,On the basis of legal system, the rule of law in a progressive way to the direction of development, and do more practical things, less empty talk, stand on solid ground to many people on both sides of the Strait services, gradually narrow the psychological distance, people on both sides of the system and the value of the. If things go on like this, even if the reunification of the two sides can not in the short of water into the canal, but in the long run, the independence of Taiwan impossible now.