綜合法政知識（包括中華民國憲法、兩岸關係、比較政府與政治）題庫下載題庫

January 1, 1979

U.S.-PRC JOINT COMMUNIQUE (1979)《建交公報》

JOINT COMMUNIQUE OF THE UNITED STATES OF AMERICA AND THE PEOPLE’S REPUBLIC OF CHINA (NORMALIZATION COMMUNIQUE)

(The communique was released on December 15, 1978, in Washington and Beijing.)

January 1, 1979

U.S.-PRC JOINT COMMUNIQUE (1979)《建交公報》

JOINT COMMUNIQUE OF THE UNITED STATES OF AMERICA AND THE PEOPLE’S REPUBLIC OF CHINA (NORMALIZATION COMMUNIQUE)

(The communique was released on December 15, 1978, in Washington and Beijing.)

1. The United States of America and the People’s Republic of China have agreed to recognize each other and to establish diplomatic relations as of January 1, 1979.
2. The United States of America recognizes the Government of the People’s Republic of China as the sole legal Government of China. Within this context, the people of the United States will maintain cultural, commercial, and other unofficial relations with the people of Taiwan.
3. The United States of America and the People’s Republic of China reaffirm the principles agreed on by the two sides in the Shanghai Communique and emphasize once again that:
4. Both wish to reduce the danger of international military conflict.
5. Neither should seek hegemony in the Asia-Pacific region or in any other region of the world and each is opposed to efforts by any other country or group of countries to establish such hegemony.
6. Neither is prepared to negotiate on behalf of any third party or to enter into agreements or understandings with the other directed at other states.
7. The Government of the United States of America acknowledges the Chinese position that there is but one China and Taiwan is part of China.
8. Both believe that normalization of Sino-American relations is not only in the interest of the Chinese and American peoples but also contributes to the cause of peace in Asia and the world.

The United States of America and the People’s Republic of China will exchange Ambassadors and establish Embassies on March 1, 1979.

Apr. 10, 1979 

Taiwan Relations Act《臺灣關係法》

Public Law 96-8

96th Congress

An Act

To help maintain peace, security, and stability in the Western Pacific and to promote the foreign policy of the United States by authorizing the continuation of commercial, cultural, and other relations between the people of the United States and the people on Taiwan, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Short Title

SECTION 1. This Act may be cited as the “Taiwan Relations Act”.

Findings and D...

Apr. 10, 1979 

Taiwan Relations Act《臺灣關係法》

Public Law 96-8

96th Congress

An Act

To help maintain peace, security, and stability in the Western Pacific and to promote the foreign policy of the United States by authorizing the continuation of commercial, cultural, and other relations between the people of the United States and the people on Taiwan, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Short Title

SECTION 1. This Act may be cited as the “Taiwan Relations Act”.

Findings and Declaration of Policy

Section. 2.

a. The President- having terminated governmental relations between the United States and the governing authorities on Taiwan recognized by the United States as the Republic of China prior to January 1, 1979, the Congress finds that the enactment of this Act is necessary–

1. to help maintain peace, security, and stability in the Western Pacific; and

2. to promote the foreign policy of the United States by authorizing the continuation of commercial, cultural, and other relations between the people of the United States and the people on Taiwan.

b. It is the policy of the United States–

1. to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan, as well as the people on the China mainland and all other peoples of the Western Pacific area;

2. to declare that peace and stability in the area are in the political, security, and economic interests of the United States, and are matters of international concern;

3. to make clear that the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means;

4. to consider any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States;

5. to provide Taiwan with arms of a defensive character; and

6. to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan.

c. Nothing contained in this Act shall contravene the interest of the United States in human rights, especially with respect to the human rights of all the approximately eighteen million inhabitants of Taiwan. The preservation and enhancement of the human rights of all the people on Taiwan are hereby reaffirmed as objectives of the United States.

Implementation of United States Policy with Regard to Taiwan

Section. 3.

a. In furtherance of the policy set forth in section 2 of this Act, the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.

b. The President and the Congress shall determine the nature and quantity of such defense articles and services based solely upon their judgment of the needs of Taiwan, in accordance with procedures established by law. Such determination of Taiwan’s defense needs shall include review by United States military authorities in connection with recommendations to the President and the Congress.

c. The President is directed to inform the Congress promptly of any threat to the security or the social or economic system of the people on Taiwan and any danger to the interests of the United States arising therefrom. The President and the Congress shall determine, in accordance with constitutional processes, appropriate action by the United States in response to any such danger.

（以下省略 Section. 4. ～ 17.）

Effective Date

Section. 18.

This Act shall be effective as of January 1, 1979.

Approved April 10, 1979.

August 17, 1982

U.S.-PRC JOINT COMMUNIQUE (1982)《八一七公報》《軍售公報》

August 17, 1982

U.S.-PRC JOINT COMMUNIQUE (1982)《八一七公報》《軍售公報》

1. In the Joint Communique on the Establishment of Diplomatic Relations on January 1, 1979, issued by the Government of the United States of America and the People’s Republic of China, the United States of America recognized the Government of the People’s Republic of China as the sole legal Government of China, and it acknowledged the Chinese position that there is but one China and Taiwan is part of China. Within that context, the two sides agreed that the people of the United States would continue to maintain cultural, commercial, and other unofficial relations with the people of Taiwan. On this basis, relations between the United States and China were normalized.
2. The question of United States arms sales to Taiwan was not settled in the course of negotiations between the two countries on establishing diplomatic relations. The two sides held differing positions, and the Chinese side stated that it would raise the issue again following normalization. Recognizing that this issue would seriously hamper the development of United States – China relations, they have held further discussions on it, during and since the meetings between President Ronald Reagan and Premier Zhao Ziyang and between Secretary of State Alexander M. Haig, Jr. and Vice Premier and Foreign Minister Huang Hua in October 1981.
3. Respect for each other’s sovereignty and territorial integrity and non-interference in each other’s internal affairs constitute the fundamental principles guiding United States China relations. These principles were confirmed in the Shanghai Communique of February 28, 1972 and reaffirmed in the Joint Communique on the Establishment Of Diplomatic Relations which came into effect on January 1, 1979. Both sides emphatically state that these principles continue to govern all aspects of their relations.
4. The Chinese Government reiterates that the question of Taiwan is China’s internal affair. The Message to Compatriots in Taiwan issued by China on January 1, 1979 promulgated a fundamental policy of striving for peaceful reunification of the motherland. The Nine-Point Proposal put forward by China on September 30, 1981 represented a further major effort under this fundamental policy to strive for a peaceful solution to the Taiwan question.
5. The United States Government attaches great importance to its relations with China, and reiterates that it has no intention of infringing on Chinese sovereignty and territorial integrity, or interfering in China’s internal affairs, or pursuing a policy of “two Chinas” or “one China, one Taiwan.” The United States Government understands and appreciates the Chinese policy of striving for a peaceful resolution of the Taiwan question as indicated in China’s Message to Compatriots in Taiwan issued on January 1, 1979 and the Nine-Point Proposal put forward by China on September 30, 1981. The new situation which has emerged with regard to the Taiwan question also provides favorable conditions for the settlement of United States – China differences over United States arms sales to Taiwan.
6. Having in mind the foregoing statements of both sides, the United States Government states that it does not seek to carry out a long-term policy of arms sales to Taiwan, that its arms sales to Taiwan will not exceed, either in qualitative or in quantitative terms, the level of those supplied in recent years since the establishment of diplomatic relations between the United States and China, and that it intends gradually to reduce its sale of arms to Taiwan, leading, over a period of time, to a final resolution. In so stating, the United States acknowledges China’s consistent position regarding the thorough settlement of this issue.
7. In order to bring about, over a period of time, a final settlement of the question of United States arms sales to Taiwan, which is an issue rooted in history, the two Governments will make every effort to adopt measures and create conditions conducive to the thorough settlement of this issue.
8. The development of United States – China relations is not only in the interests of the two peoples but also conducive to peace and stability in the world. The two sides are determined, on the principle of equality and mutual benefit, to strengthen their ties in the economic, cultural, educational, scientific, technological and other fields and make strong, joint efforts for the continued development of relations between the Governments and peoples of the United States and China.
9. In order to bring about the healthy development of United States – China relations, maintain world peace and oppose aggression and expansion, the two Governments reaffirm the principles agreed on by the two sides in the Shanghai Communique and the Joint Communique on the Establishment of Diplomatic Relations. The two sides will maintain contact and hold appropriate consultations on bilateral and international issues of common interest.

Note: In an internal presidential memo, dated August 17, 1982, President Ronald Reagan provides his interpretation of the Communique:

As you know, I have agreed to the issuance of a joint communique with the People’s Republic of China in which we express United States policy toward the matter of continuing arms sales to Taiwan.

The talks leading up to the signing of the communique were premised on the clear understanding that any reduction of such arms sales depends upon peace in the Taiwan Straits and the continuity of China’s declared “fundamental policy” of seeking a peaceful resolution of the Taiwan issue.

In short, the U.S. willingness to reduce its arms sales to Taiwan is conditioned absolutely upon the continued commitment of China to the peaceful solution of the Taiwan-PRC differences.  It should be clearly understood that the linkage between these two matters is a permanent imperative of U.S. foreign policy.

In addition, it is essential that the quality and quantity of the arms provided Taiwan be conditioned entirely on the threat posed by the PRC.  Both in quantitative and qualitative terms, Taiwan’s defense capability relative to that of the PRC will be maintained.