According to the legal system and government documents of the People's Republic of China, the term "Taiwan residents" (Chinese: 台湾地区居民; pinyin: Táiwān dìqū jūmín) refers to Chinese citizens who reside in the Taiwan Area. Their legal status and management are similar to those of Hong Kong residents and Macao residents, so the three are collectively referred to as "Hong Kong, Macao and Taiwan residents".
After the founding of the People's Republic of China in 1949, based on its one-China principle, the PRC asserted it was the only legitimate representative of China, and considered Taiwan as the territory of the People's Republic of China, and legally recognized the residents of Taiwan as Chinese citizens. The Republic of China refuses to recognize the existence of the Republic of China and its citizens. In the political customs of the People's Republic of China, words related to the Republic of China after the founding of the People's Republic of China are prohibited words. In 1991, the People's Republic of China law first used the term "Taiwanese residents", and it has been used in many normative documents involving Taiwan since then. The usage of this term is similar to that of "Taiwan compatriots" and "Taiwanese people", but not exactly the same as its usage by the Republic of China government, which actually controls Taiwan, which defines it as the citizens of the Republic of China with Taiwan household registration.
Background
[edit]In 1949, the People's Republic of China was established and the Republic of China government retreated to Taiwan, thus forming a division between the two sides of the Taiwan Strait. The People's Republic of China government adheres to the one-China principle and asserts that the Republic of China was abolished in 1949, and that the sovereignty of Taiwan belongs to China and is the territory of the People's Republic of China, which is written into the Constitution of the People's Republic of China.[1] Therefore, in principle, citizens of the Republic of China residing in Taiwan have Chinese nationality, are citizens of the People's Republic of China, and are subject to the Chinese nationality law, but in practice, special handling is required.[2][3] The People's Republic of China government uses legal documents issued by the Republic of China government, such as Taiwan passports, national identification cards and household registration transcripts as the qualification for residents of Taiwan.[4][5]
Use
[edit]Taiwanese residents entering mainland China need to hold a Mainland Travel Permit for Taiwan Residents. Taiwanese residents with foreign nationality need to use their foreign passports to apply for Chinese visas. Those who reside in mainland China for a long time can obtain a residence permit for Hong Kong, Macao and Taiwan residents.[2][6]
In the Regulations on the Administration of Travel Between Chinese Citizens and Taiwan formulated in 1991, Taiwan residents were defined as "Chinese citizens residing in Taiwan". Ji Ye, a researcher of the People's Republic of China, pointed out that this was "the first time that the concept of 'Taiwan residents' replaced 'Taiwan compatriots '", and "this concept has been used in a large number of normative documents related to Taiwan since then". The researcher believes that the use of the term "Taiwan residents" has two connotations: first, "to confirm that (the vast majority) Taiwan residents are also Chinese citizens and have Chinese nationality"; second, to establish a control standard for the first time, that is, to distinguish between people on both sides of the strait by the standard of " place of residence ", so as to meet the need for legal control of personnel exchanges; and in practice, the determination of place of residence is linked to household registration, and Taiwan residents actually refer to Chinese citizens who have established household registration in Taiwan. In the Interim Measures for the Administration of Marriage Registration between Mainland Residents and Taiwan Residents issued in 1998, "Taiwan residents" refers to "Chinese citizens residing in Taiwan, China".[7]: 42
In the Regulations on the Issuance and Management of Travel Permits for Taiwan Residents to the Mainland formulated in 2015, "Taiwan residents" refers to "Chinese citizens who have household registration in Taiwan but not in the mainland." For those who do not have household registration in Taiwan, i.e., Taiwanese citizens without household registration, whether they are treated as ordinary "Taiwan residents" varies in practice. The relevant service guidelines of the Fujian Provincial Public Security Department may not include Taiwanese citizens without household registration in Taiwan.[5] The relevant service guidelines of the National Immigration Administration's government service platform state that "those whose parents are both Taiwanese residents, who were born in the mainland, and who have obtained a permit to enter Taiwan " are "Taiwan citizens without household registration in Taiwan" as defined by the Republic of China and can apply for a Taiwan Compatriot Permit in the same way as Taiwanese residents. In the Measures for Applying for and Issuing Residence Permits for Hong Kong, Macao and Taiwan Residents formulated in 2018, "Taiwan residents" refers to "Chinese citizens who reside in Taiwan and do not have mainland household registration".[4]
In the 1990s, after Hong Kong and Macao returned to China, they also followed the one-China principle of the central government. The Hong Kong Immigration Department website uses the term "Taiwan residents" or "Taiwanese residents of Chinese descent".[8]
References
[edit]- ^ 中華人民共和國國務院 (2003-08-08). "婚姻登记条例". 中华人民共和国国务院公报 (in Simplified Chinese). 国家法律法规数据库. Archived from the original on 2024-03-11. Retrieved 2024-03-11. 中国公民同外国人,内地居民同香港特别行政区居民(以下简称香港居民)、澳门特别行政区居民(以下简称澳门居民)、台湾地区居民(以下简称台湾居民)、华侨办理婚姻登记的机关是省、自治区、直辖市人民政府民政部门或者省、自治区、直辖市人民政府民政部门确定的机关。
- ^ a b "台湾地区居民赴大陆旅行证件" (in Simplified Chinese). 中华人民共和国驻曼彻斯特总领事馆网站. 2023-06-12. Archived from the original on 2023-12-26. Retrieved 2023-12-26. 一、适用情形 台湾地区居民未取得外国国籍且未持有效《台湾居民来往大陆通行证》,如需前往中国大陆,建议前来使领馆办理中国旅行证。二、"中国领事"APP填报要求[……](三)上传附加办证材料:1、台湾地区旅行证件;[……]3、自2015年7月1日起,台湾地区居民凭有效《台湾居民来往大陆通行证》即可经开放口岸来往大陆并在大陆停留、居留,无需办理签注,中国使领馆不再办理台胞证签注业务。4、如已取得外国国籍,应使用外国护照办理中国签证。[……]
- ^ "财政部关于印发《香港特别行政区、澳门特别行政区、台湾地区居民及外国人参加注册会计师全国统一考试办法》的通知" (in Simplified Chinese). 中国政府网. Archived from the original on 2024-06-13. Retrieved 2024-01-09. 第二条 香港特别行政区、澳门特别行政区、台湾地区(以下简称港澳台地区)居民及按照互惠原则确认的外国人(以下简称外国人)参加注册会计师全国统一考试适用本办法。第三条 港澳台地区居民及外国人[……]
- ^ a b "台湾居民来往大陆通行证签发服务指南" (in Simplified Chinese). 国家移民管理局政务服务平台. Archived from the original on 2024-01-08. Retrieved 2024-01-09. 六、申请材料[……](三)交验本人有效的台湾地区身份证和台湾地区出入境证件。没有身份证的,交验户籍誊本或户口名簿。有关证件交验原件,留存身份证或户籍誊本(户口名簿)的复印件或者电子扫描件。父母双方为台湾居民,本人在大陆出生,已取得台湾地区入台许可的,应当交验申请人父母台胞证、本人出生证明。[……]
- ^ a b "台湾居民来往大陆通行证签发服务指南" (in Simplified Chinese). 福建公安公众服务网,来源:福建省公安厅出入境管理局. 2023-08-14. Archived from the original on 2023-12-26. Retrieved 2023-12-26. 一、适用范围 本指南适用于台湾居民申请来往大陆通行证。[……]三、申请条件 户籍在台湾地区的中国公民。四、受理机构[……]六、申请材料[……](三)交验本人有效的台湾地区身份证和台湾地区出入境证件,没有身份证的,交验户籍誊本或户口名簿,并提交上述证件的复印件[……]
- ^ 《中国公民往来台湾地区管理办法》第2條:「居住在大陆的中国公民(以下简称大陆居民)往来台湾地区(以下简称台湾)以及居住在台湾地区的中国公民(以下简称台湾居民)来往大陆,适用本办法。」
- ^ 季烨 (2018). "《台湾居民在大陆的同等待遇法律问题刍议》". 台湾研究 (in Simplified Chinese) (2018年第3期). 北京市: 中国社会科学院台湾研究所: 40–47. ISSN 1006-6683. Archived from the original on 2023-12-26. Retrieved 2023-12-26.
- ^ "台湾居民预办入境登记" (in Simplified Chinese). 中华人民共和国香港特别行政区政府入境事务处网站. Archived from the original on 2023-12-27. Retrieved 2023-12-26. 申请资格 符合下列条件的台湾华籍居民,即可使用这项网上服务预办入境登记来港旅游:(a)(i)在台湾出生;或(ii)在台湾以外地区出生但曾以台湾居民身份来港;及[……]