Free Area of the Republic of China
Encyclopedia
The Free area of the Republic of China is a legal and political description referring to the territories under the control of the government of Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...

 (ROC), consisting of the island groups of Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...

, Penghu, Kinmen
Kinmen
Kinmen , also known as Quemoy , is a small archipelago of several islands administered by the Republic of China : Greater Kinmen, Lesser Kinmen, and some islets. Administratively, it is Kinmen County of Fujian Province, ROC. The county is claimed by the People's Republic of China as part of its...

, Matsu
Matsu Islands
The Matsu Islands are a minor archipelago of 19 islands and islets in the Taiwan Strait administered as Lienchiang County , Fujian Province of the Republic of China . Only a small area of what is historically Lienchiang County is under the control of the ROC...

 and some minor islands. As the island of Taiwan is the main component of the whole area, it is therefore also referred to as the "Taiwan Area of the Republic of China", "Taiwan Area" . The term "Tai-Peng-Kin-Ma" is also equivalent except that it only refers to the four main islands of the ROC - Taiwan, Penghu, Kinmen and Matsu.

The term is opposed to "mainland area of the Republic of China", which reflects the territory was lost to the Chinese Communist Party
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...

 during the Chinese Civil War
Chinese Civil War
The Chinese Civil War was a civil war fought between the Kuomintang , the governing party of the Republic of China, and the Communist Party of China , for the control of China which eventually led to China's division into two Chinas, Republic of China and People's Republic of...

 and is used in the "Additional Articles to the Constitution of the Republic of China
Constitution of the Republic of China
The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...

" in order to grant political authority to the people of the free area without renouncing the ROC's territorial claims over mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...

.

Background

The term "free area" or "Free China
Free China (Second Sino-Japanese War)
The term Free China, in the context of the Second Sino-Japanese War, refers to those areas of China not under the control of the Imperial Japanese Army or any of its puppet governments, such as Manchukuo, the Mengjiang government in Suiyuan and Chahar, or the Provisional Government of the Republic...

" was used during the Second Sino-Japanese War
Second Sino-Japanese War
The Second Sino-Japanese War was a military conflict fought primarily between the Republic of China and the Empire of Japan. From 1937 to 1941, China fought Japan with some economic help from Germany , the Soviet Union and the United States...

 (1937–45) to describe the territories under the control of the Kuomintang
Kuomintang
The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...

 (KMT) government in Chongqing
Chongqing
Chongqing is a major city in Southwest China and one of the five national central cities of China. Administratively, it is one of the PRC's four direct-controlled municipalities , and the only such municipality in inland China.The municipality was created on 14 March 1997, succeeding the...

 (then romanised as Chungking) (as opposed to the parts of China under Japanese occupation, including Nanjing
Nanjing
' is the capital of Jiangsu province in China and has a prominent place in Chinese history and culture, having been the capital of China on several occasions...

 (Nanking) the capital of the Republic of China until the Japanese invasion
Battle of Nanjing
The Battle of Nanking began after the fall of Shanghai on October 9, 1937, and ended with the fall of the capital city of Nanking on December 13, 1937 to Japanese troops, a few days after the Republic of China Government had evacuated the city and relocated to Wuhan...

 in 1937).
This term came into usage again amid the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...

. Following the Communist
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...

 victory
Strategic victory
A strategic victory is a victory that brings long-term advantage to the victor, and disturbs the enemy's ability to wage a war. When a historian speaks of a victory in general, it is usually referring to a strategic victory....

 in the Chinese Civil War
Chinese Civil War
The Chinese Civil War was a civil war fought between the Kuomintang , the governing party of the Republic of China, and the Communist Party of China , for the control of China which eventually led to China's division into two Chinas, Republic of China and People's Republic of...

 in 1949, the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

 was established by the Communists in control of mainland China
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...

 while the ruling Kuomintang
Kuomintang
The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...

 government retreated to Taiwan and declared Taipei
Taipei
Taipei City is the capital of the Republic of China and the central city of the largest metropolitan area of Taiwan. Situated at the northern tip of the island, Taipei is located on the Tamsui River, and is about 25 km southwest of Keelung, its port on the Pacific Ocean...

 to be the provisional capital of the Republic of China. The KMT viewed the Communist-declared People's Republic of China as an illegitimate entity and regarded its government to be the sole legitimate government of China. Mainland China was declared to be in a state of "Communist Rebellion
Temporary Provisions Effective During the Period of Communist Rebellion
The Temporary Provisions Effective During the Period of Communist Rebellion was a series of temporary constitutional provisions passed by the National Assembly of the Republic of China on May 10, 1948, that provided to the then President Chiang Kai-shek extended powers amid the height of the...

" (the "Period of Communist Rebellion" would be officially terminated by the ROC government in 1991).

To support this view, the KMT referred to the territories under its control as the "free area" to distinguish itself from the territories under the Communists, whom the KMT tried to portray as oppressive and totalitarian.

Prior to the ROC's defeat during the Battle of Dachen Archipelago
Battle of Dachen Archipelago
The Battle of Dachen Archipelago was a struggle between the Nationalists and the Communists for the control of several archipelagos just off the coast of Zhejiang, China during the Chinese Civil War in the post-World War II era, and it was part of the First Taiwan Strait Crisis...

 in 1955, the Free Area also constituted a series of islands off Zhejiang, within what was then known as Chekiang Province, Republic of China
Chekiang Province, Republic of China
Chekiang Province, Republic of China was abolished after the Republic of China Army, Republic of China government officials and local residents were evacuated from Tachen to Taiwan in 1955 following the ROC's military defeat to People's Liberation Army forces during the Battle of Dachen...

. Today the islands are administered exclusively by the PRC since the military conquest in 1955.

Nomenclature

Various names used to describe the geopolitical area include:
  • Taiwan Area - referring to the general area surrounding the island of Taiwan
  • Taiwan-Penghu-Kinmen-Matsu Area - referring to the four main regions of the ROC under its administrative control
  • Tai-Peng-Kin-Ma - abbreviation formed from the first character of the four locations of Taiwan, Penghu, Kinmen and Matsu
  • Taiwan-Min region or Taiwan
    Taiwan Province
    Taiwan Province is one of the two administrative divisions referred to as provinces and is controlled by the Republic of China . The province covers approximately 73% of the territory controlled by the Republic of China...

    -Fukien region
    - referring to the two provinces of the ROC under actual administration, Taiwan Province
    Taiwan Province
    Taiwan Province is one of the two administrative divisions referred to as provinces and is controlled by the Republic of China . The province covers approximately 73% of the territory controlled by the Republic of China...

     encompassing the islands of Taiwan and Penghu and Fujian Province, ROC encompassing the Kinmen and Matsu islands
  • Free Area - "free" referring to the area that is not under control by the Communist Party of China
    Communist Party of China
    The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...


Legal use

The term "free area of the Republic of China" has persisted to the present day in the ROC legislation. The additional articles (amendments) of the Constitution of the Republic of China
Constitution of the Republic of China
The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...

 delegates numerous rights to exercise the sovereignty of the state, including that of electing the president
President of the Republic of China
The President of the Republic of China is the head of state and commander-in-chief of the Republic of China . The Republic of China was founded on January 1, 1912, to govern all of China...

 and legislature
Legislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic of China .The Legislative Yuan is one of the five branches of government stipulated by the Constitution of the Republic of China, which follows Sun Yat-sen's Three Principles of the People...

, to citizens residing in the "free area of the Republic of China." This term was first used in 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
ROC National Assembly election, 2005
An election for the National Assembly took place in Taiwan on Saturday 2005-05-14, from 07:30 to 16:00 local time. It elected an ad hoc National Assembly whose only function was to serve as a constitutional convention in order to approve or reject amendments to the Constitution of the Republic of...

.

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
Popular sovereignty
Popular sovereignty or the sovereignty of the people is the political principle that the legitimacy of the state is created and sustained by the will or consent of its people, who are the source of all political power. It is closely associated with Republicanism and the social contract...

 movement. In the 1980s and 1990s, there were demands, particularly by the Tangwai
Tangwai
The Tangwai movement was a political movement in the Republic of China in the mid-1970s and early 1980s. Although the Kuomintang had allowed contested elections for a small number of seats in Legislative Yuan, opposition parties were still forbidden...

 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 the President of the Republic of China was to be elected by this same "ten thousand year 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
Taiwan independence
Taiwan independence is a political movement whose goals are primarily to formally establish the Republic of Taiwan by renaming or replacing the Republic of China , form a Taiwanese national identity, reject unification and One country, two systems with the People's Republic of China and a Chinese...

.
According to the Constitution, promulgated in 1947 before the fall of mainland China to the Communists, the national borders of the Republic of China could only be changed through a vote by the National Assembly
National Assembly of the Republic of China
The National Assembly of the Republic of China refers to several parliamentary bodies that existed in the Republic of China. The National Assembly was originally founded in 1913 as the first legislature in Chinese history, but was disbanded less than a year later as President Yuan Shikai assumed...

 (amendments passed in 2005 transferred this power to the electorate through the method of referendum). In the absence of such constitutional changes, the Republic of China's official borders were to be regarded as all of mainland China and Outer Mongolia
Outer Mongolia
Outer Mongolia was a territory of the Qing Dynasty = the Manchu Empire. Its area was roughly equivalent to that of the modern state of Mongolia, which is sometimes informally called "Outer Mongolia" today...

 (including Tannu Uriankhai
Tannu Uriankhai
Tannu Uriankhai is a historic region of the Mongol Empire and, later, the Qing Dynasty. The realms of Tannu Uriankhai largely correspond to the Tuva Republic of the Russian Federation, neighboring areas in Russia, and a part of the modern state of Mongolia....

) in addition to the territories it controlled. (Until the mid-2000s, maps published in Taiwan depicted mainland provincial and national boundaries as they were in 1949, disregarding changes by the Communist administration post-1949.)

While 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 Act Governing the Relations Between Peoples 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
Mainland China
Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...

.

In addition, there are two other Acts defining other "areas". The "Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...

 Area" and the "Macau
Macau
Macau , also spelled Macao , is, along with Hong Kong, one of the two special administrative regions of the People's Republic of China...

 Area". The hand-over of these former European colonies to the People's Republic of China necessitated laws governing the relations between the Taiwan Area with them. The Acts make no direct claim of control over these areas but are worded in a manner that may or may not assume the right to make such claims.

See also

  • List of islands of the Republic of China
  • History of the Republic of China
    History of the Republic of China
    The History of the Republic of China begins after the Qing Dynasty in 1912, when the formation of the Republic of China put an end to over two thousand years of Imperial rule. The Qing Dynasty, also known as the Manchu Dynasty, ruled from 1644 to 1912...

  • Politics of the Republic of China
    Politics of the Republic of China
    The politics of the Republic of China ,takes place in a framework of a semi-presidential representative democratic republic, whereby the President is head of state and the premier is head of government, and of a dominant party system. Executive power is exercised by the government. Legislative...

  • Republic of China
    Republic of China
    The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...

  • Kuomintang
    Kuomintang
    The Kuomintang of China , sometimes romanized as Guomindang via the Pinyin transcription system or GMD for short, and translated as the Chinese Nationalist Party is a founding and ruling political party of the Republic of China . Its guiding ideology is the Three Principles of the People, espoused...

  • Constitution of the Republic of China
    Constitution of the Republic of China
    The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...

  • Anti-Secession Law of the People's Republic of China
    Anti-Secession Law of the People's Republic of China
    The Anti-Secession Law is a law of the People's Republic of China. It was passed by the third conference of the 10th National People's Congress of the People's Republic of China . It was ratified on March 14, 2005, and went into effect immediately. Hu Jintao, President of the People's Republic of...

  • Mainland China
    Mainland China
    Mainland China, the Chinese mainland or simply the mainland, is a geopolitical term that refers to the area under the jurisdiction of the People's Republic of China . According to the Taipei-based Mainland Affairs Council, the term excludes the PRC Special Administrative Regions of Hong Kong and...

  • Political status of Taiwan
    Political status of Taiwan
    The controversy regarding the political status of Taiwan hinges on whether Taiwan, Penghu, Kinmen, and Matsu should remain effectively independent as territory of the Republic of China , become unified with the territories now governed by the People's Republic of China , or formally declare...

  • Legal status of Taiwan
    Legal status of Taiwan
    The legal status of Republic of China is a controversial issue which stems from the complex post-Second World War history of Taiwan. Various claims have been made by the People's Republic of China , the Republic of China , and supporters of Taiwan independence over this question, with a variety of...

  • Taiwan Province, People's Republic of China

External links

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