分析中華民國與中華人民共和國對「全中國」主權宣示 Part 1
Question: Doesn't PRC and ROC both claim the entirety of China as their territory? So essentially they are two governments claiming one piece of land. I guess it makes sense that the entirety of China is one color on the map? Answer: To assess whether a region is a territory of a state, we will have to look at what the Constitution of PRC and ROC says, for it is the legal foundation of all claims. a. Constitution of the Republic of China (Taiwan) The Constitution of ROC regarding territorial claims have always been rather vague. According to Article 4 of the Constitution (中華民國領土，依其固有之疆域，非經國民大會之決議，不得變更之；國民大會職務已於 2004 年憲法第七次增修完全移除), the territorial claim of the Republic of China is not specifically stated. There is another point to note, however, that the role of 國民大會 has been removed since the 7th Amendment of the Constitution, with its role over territorial claims now being taken over entirely by the Legislative Yuan (立法院) and the citizens of the “the Free Area of ROC (which is limited to the territory of Taiwan Island, Penghu, Kinmen, Matsu and other minor islands)”. Hence, while the Constitution does not specifically define the territory of ROC, the Amendment of the Constitution has limited the decision of such important matter to only the citizens of Taiwan, Penghu, Kinmen and Matsu. So, what do the above say about the claim over the entirety of China? Nothing. b. Constitution of the People’s Republic of China From the Constitution of PRC, I am able to find no specific article stating the claim of the entirety of ‘China’ as part of its territory. In short, there is no article that defines how large ‘China’ should be. Interestingly, however, the PRC Constitution does specifically and oddly state its claim over Taiwan (台灣是中華人民共和國的神聖領土的一部分。完成統一祖國的大業是包括台灣同胞在內的全中國人民的神聖職責), an article in the Constitution that was – again interestingly – only added since 1982. So, what do these two sets of Constitution say about claiming the whole of so-called ‘China’ as its territory? Nothing.