北美作业代写：Anti-secession law

下面为大家整理一篇优秀的paper代写范文- Anti-secession law，供大家参考学习，这篇论文讨论了反分裂法规。反分裂就是依据通行的国际法准则，反对或禁止属于主权国家一部分的公民以从该主权国家脱离出去为目的所进行的任何行动。反分裂法规作为维护国家统一和领土完整的重要法规，在实现社会稳定，合理配置社会政治权力，满足国家利益需要，防止和控制政治权力的无序使用等方面，都发挥着关键的调整作用，而这些也正是反分裂法规的价值属性之所在。

Anti-secession law as an important law to maintain national unity and territorial integrity, in the realization of social stability, the rational allocation of social political power, can meet the needs of national interests, prevent and control the disorderly use of political power, etc., all play a key role in adjustment, which is also the value attribute of the anti-secession law.

Anti-secession is any action taken by citizens who are part of a sovereign state for the purpose of secession from that sovereign state in accordance with the prevailing norms of international law. The international standard translation of "anti-secession" is "anti-secession" rather than "anti-separation. The key is that although" Separation "also refers to" division ", it mostly refers to "division" caused by differences in "political ideas", which is unfavorable to the integrity of national sovereignty. Therefore, the concept of "anti-secession" in international law is not only "anti-secession" in organizational form, but also "anti-secession" caused by any form of betrayal of the country. In addition, in the context of diversified political development, "anti-secession" is not the status quo of "anti-secession" in a certain region of the country, but the action and proposition of "anti-secession" that completely denies the unification of national sovereignty and attempts to betray the country to become a new country. Accordingly, anti-secession laws and regulations are based on the constitution, and the legal norms formulated by the state authorities prohibit any individual or organization from carrying out any form of activities for the purpose of seeking the secession or withdrawal of a certain region from a sovereign state. It includes single laws and regulations, such as the anti-secession law of China. It also includes relevant normative articles in the department law to curb separatist activities. For example, in China's criminal law, there are "secession crimes" or "incitement to secession crimes" for the criminal ACTS of secession.

According to the basic principles of law, law embodies the fundamental wishes and common requirements of the ruling class, represents the overall interests of the ruling class, and the ruling class realizes its will through the form of law with the help of the power of state power. Therefore, the law is an important tool for the ruling class to realize its rule and benefit, and it performs the social control function of regulating the behavior of social subjects and punishing the illegal and criminal behaviors. Therefore, as the most formal and most important adjustment system in society, whether the law can maintain social stability, promote social production and meet the political needs of social subjects, especially the ruling class, is an indispensable standard to measure its value. No matter from the realization of the rational allocation of social stability, and the perspective of social political power, and meet the needs of the national interests, prevent and control the Angle of political power disorderly use, an anti-secession law as an important law to maintain national unity and territorial integrity, all play a key role in adjustment, is an indispensable part of the whole country's legal system.

The ancient Chinese scholars believed that "a good man must be persuaded of his virtue to enjoy his righteousness, and a evil man will regret his misfortune". Western scholars believe that "justice is the first value of social system, just as truth is the first value of ideological system. A theory, however elaborate and concise, must be added to reject or correct as long as it is not true; Likewise, certain laws and systems, no matter how efficient and methodical they may be, must be reformed or abolished if they are unjust."

In ancient times, at home and abroad, jurists and philosophers' writings on fairness and justice, no matter what their specific meanings are, can be affirmed that the maintenance of fairness and justice is always the unremitting pursuit of the law. Marxism believes that justice is the manifestation of the sanctification and sanctification of certain social and economic relations, and the social justice concept is the same as the social production mode. Law and legal norms are composed of a variety of materials or elements, which are legalized. Ethics, customs, policies, precedents, doctrines, local rules and regulations, and other social norms can all be sources of material and legal norms. Justice is a high-level ethical norm included in the ethical and moral norms. Since the existence of law, justice has always been an important source of law and legal norms, and the highest source of various sources that constitute the whole of law and legal norms.

Safeguarding national sovereignty and territorial integrity is a principle of justice in the international political context. According to the basic theory of law, justice is the justice of social benefit distribution first, and the justice value of law is to stipulate the rights and obligations of social subjects through legislation, reasonably allocate social interests according to certain principles, and institutionalize and legalize them. This means that the question of justice is actually the rational distribution and coordination of interests. In real life, different people have different views of interests and justice, which often lead to conflicts of views on justice. For example, the "Taiwan independence" secessionist forces believe that Taiwan's independence from the motherland is the greatest justice, and the "Tibet independence" and "xinjiang independence" secessionists believe that the establishment of a single national autonomous country is the greatest justice. The function of anti-secession law is to provide a universal standard of justice for the society through the special nature of legal tools, namely, unconditional maintenance of national sovereignty and territorial integrity. Through laws and regulations, the society transforms this special concept of justice into the universally accepted or unavoidable standard of justice, thus making it possible to oppose any form of separatist action and claim that this justice has a general social form. In other words, anti-secession law is the law that upholds national justice.

In essence, law is a kind of interest regulation mechanism, expressing interest demands, balancing interest conflicts and rebuilding interest pattern. Law comes into being to adapt to the need of interest adjustment. Therefore, the law should first identify and express interests. Through legal provisions, the interest relations in the society are selected, specific interests are recognized, and some interests are rejected and expressed through legal forms. After selecting, recognizing and expressing the interests, the law should balance the conflicts among the interests, protect the legitimate interests and exclude the illegal interests. In the event of a conflict of legitimate interests, assess or measure the importance of the various legitimate interests, and provide a set of criteria for coordinating the conflicts of interests, balance the various legitimate interests as far as possible, and safeguard the overall interests of the society to the maximum extent possible. After the legitimate interests recognized by law are infringed, the law is about to restructure the damaged interest pattern. Through the form of legal liability, the person who infringes interests is punished, the person who is harmed is compensated, and the interest relationship is restored to the original stable and balanced state. Although the law itself does not create interests, it is of great value for the coordination and integration of interest relations. As pound said, "when the law finds that these interests are in urgent need of protection, it classifies them and recognizes them more or less. It establishes the limits within which it will endeavour to secure some of these selected interests, taking into account other recognized interests and the possibility of effectively securing them through a judicial or administrative process. Having recognized these interests and defined their scope, it has developed ways of guaranteeing them. It also provides criteria of value for the purpose of ascertaining which interests should be recognized, of determining the scope of safeguards for the various recognized interests, and of judging how practical limitations on effective legal conduct can be weighed in any particular occasion."

The national interest comes into being with the formation of the special interest subject of the country. The so-called national interest refers to the things that satisfy or can satisfy various aspects of the country's needs based on survival and development and are beneficial to the country as a whole. From the perspective of object, everything that meets or meets the needs of the survival and development of the country and is beneficial to the country is the national interest. Any national interest is also something that meets or can meet the country's survival and development needs and is good for the country. Of course, such things can be either physical existence or procedural existence. It can be physical or spiritual; It can be an existence that has or is meeting the needs of the state, or it can meet the needs of the state; It can be a real existence or a potential existence. Therefore, national interests can be divided into different types according to the object of interest, such as material interests and spiritual interests, material interests and process interests, practical interests and potential interests, current interests and long-term interests, etc. From the perspective of subject, national interests can only be the interests of the country as the subject of interest.

Safeguarding national sovereignty and territorial integrity is the country's core interest. For the protection of this core interest, the role of law cannot be ignored. China is a large country with a vast territory, many nationalities and a large population. After the founding of the People's Republic of China, China achieved unprecedented reunification and national unity except for Taiwan. However, disharmony also occurred. The dalai lama, who instigated the Tibetan uprising, campaigned internationally under the banner of "Tibet independence". The "east turkestan" organization makes all kinds of troubles in China and tries to split xinjiang from China. The former Taiwan authorities, led by lee teng-hui and Chen shui-bian, have even more stubbornly rejected the idea of peaceful reunification of the motherland and stepped up activities of "Taiwan independence". Although the activities of "Taiwan independence" have been somewhat restrained with the change of political leaders in the island, the subject of "Taiwan independence" still exists, and the appeal has not changed. All this shows that the forces trying to split China are objective. In order to achieve long-term stability and steady development of China, it is necessary to formulate and improve anti-secession laws and regulations that safeguard national unity and territorial integrity.

By default, order means "a degree of consistency, continuity, and certainty in the operation of natural and social processes". Order implies some degree of stability, continuity, certainty and security in nature and society. Order is divided into natural order and social order. Marxism believes that social order is a certain material and spiritual mode of production and a fixed form of life. Order is the fundamental value of law. "the fundamental value that accompanies law forever is social order." The greatest feature of social order is that people are in a state of peace rather than war, and social conflict is limited to the lowest tolerable range. No country can completely avoid social conflicts, as long as such conflicts are kept within a certain range, it can be considered that the country is in order. The opposite of order is disorder, which presents an unpredictable sudden change from one state of affairs to another. "Taiwan independence", "Tibet independence", "xinjiang independence" and other separatists continue to carry out separatist activities, various political disputes and even frequent terrorist incidents, accidental and unpredictable factors constantly interfere with the stable social order, and people's insecurity increases.

In modern political civilization, law is the primary and often effective means to eliminate or prevent disorder. The universality of law is an important aspect of the order value of law. Compared with other means, law has a broader universality, which can realize the orderliness of the whole country and even the whole international society, and not only the orderliness within a certain community, a certain region or a certain group. The use of legal means to regulate social order and ensure national security has added legitimacy to fight separatist forces and curb separatist activities.

Safeguarding national unity and territorial integrity and opposing division is the sacred right of every sovereign state and a basic principle universally recognized by contemporary international law. In order to safeguard national security and unification by law, the cause of opposing national secession and achieving national reunification has been incorporated into the practice of democracy and the rule of law by the international community in a common way. The United States, France, Canada, Russia and many other countries have such laws. The rule of law is embodied in the determination of international and democratic forms of laws and regulations to combat separatist forces.

With the continuous progress of modern political civilization, the rule of law has become the inevitable choice of all democratic political countries. According to the report of the 17th national congress of the communist party of China, "we should adhere to the basic strategy of governing the country according to law and establish the socialist concept of the rule of law". Visible, the rule of law has become a basic national policy of our country, and is the unity of the country's sovereignty and territorial integrity, has important strategic significance, embodies the national core interests, be incorporated into the legal track, which will make you around "unity" and "splitting" of the various forms of struggle, both rely on the authority of the law, and accept the supervision of the legal responsibility. To curb separatism in the way of rule of law, we can take the initiative in morality and jurisprudence, which is beneficial for all kinds of actions we take in accordance with the law to get maximum moral strength, legal support and legal basis, and thus hold the initiative in anti-secession actions. Curbing division by rule of law allows flexibility and initiative in the manner, conditions and timing of measures taken. Cracking down on separatists in accordance with the law means that the response measures can be adopted flexibly and selectively according to specific situations and needs under reasonable and legal conditions. In doing so, there may be some requirements and constraints on the legal process, but as long as the legislation is preordained properly, in practice any action can be carried out in the name of legality to help effectively solve the problem. Curbing division by rule of law can win the widest possible understanding and support from the international community. We are committed to the international community generally accepted way of "rule of law" to combat separatists, can put our principles, policies and all claims, measures such as inclusion, can let the international community to understand and agree with us, and to support us in accordance with the law to all measures, including peace and not in a peaceful way and action.

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