page_title: Free area of the Republic of China
section_title: Legal use
hierarchical_section_title: Free area of the Republic of China / Legal use
caption_attribution_description: 中文: 美国总统艾森豪威尔于1960年6月18-19日访问台湾省台北市时，与蒋中正总统搭乘敞篷车前往圆山行馆途中接受热情群众夹道欢迎，周围由宪兵摩托车连护卫警戒。将总统与总统夫人宋美龄亲赴松山机场迎接，艾森豪威尔总统于傍晚在总统府前广场对50万群众发表演说。两国总统发表联合公报，稳固邦谊，谴责中共对金门隔日炮击的恶行，也依照1954年的《中美共同防御条约》继续保卫台澎金马。艾森豪威尔与蒋中正在第二次世界大战中分别担任欧洲及中国战区的盟军统帅，艾森豪威尔在1943年随富兰克林·罗斯福总统参加开罗会议，曾会晤中华民国代表，国民政府军事委员会委员长蒋中正伉俪。中文（繁體）‎: 美國總統艾森豪於1960年6月18-19日訪問臺灣省臺北市時與蔣中正總統搭敞篷車前往圓山行館途中接受熱情群眾夾道歡迎，周遭由憲兵機車連維護警戒。蔣總統與蔣夫人宋美齡親赴松山機場迎接, 艾森豪總統並於傍晚在總統府前廣場對50萬群眾發表演說。兩國總統發表聯合公報, 穩固邦誼，譴責中共對金門隔日砲擊之惡行，也依1954年的《中美共同防禦條約》繼續保衛台澎金馬。艾森豪與蔣中正在第二次世界大戰中分別擔任歐洲及中國戰區的盟軍統帥, 艾帥並曾於1943年隨小羅斯福總統參加開羅會議, 會見過中華民國代表國民政府軍事委員會委員長蔣中正伉儷。English: With President Chiang Kai-shek of the Republic of China, the U.S. President Dwight D. Eisenhower waved hands to Taiwanese people during his visit to Taipei, Taiwan in June 1960. The two Presidents issued a Joint Communique reaffirming solidarity, stating that, according to the 1954 Sino-American Mutual Defense Treaty, Kinmen and Matsu islands were closely related to the defense of Taiwan, and condemning the Communist China's artillery bombardment against Kinmen. Chiang was the Supreme Commander of Allied forces in the China war zone while Eisenhower was the Supreme Allied Commander Europe. Chiang met President Franklin D. Roosevelt and British Prime Minister Winston Churchill at the Cairo Conference in 1943 while Eisenhower also attended the meeting.
context_page_description: The free area of the Republic of China is a term used by the government of the Republic of China to refer to the territories under its actual control. The area under the definition consists of the island groups of Taiwan, Penghu, Kinmen, Matsu and some minor islands. This term is used in the "Additional Articles of the Constitution of the Republic of China". As the island of Taiwan is the main component of the whole area, it is also referred to as the "Taiwan Area of the Republic of China" or simply the "Taiwan Area". The term "Tai-Peng-Kin-Ma" is also essentially equivalent except that it only refers to the islands of Taiwan, Penghu, Kinmen and Matsu Area, to the exclusion of the South China Sea possessions－Dongsha Islands and Taiping Island.
  The term is complementary to "Mainland Area", which is practically viewed as being synonymous to mainland China.
context_section_description: The term "free area of the Republic of China" has persisted to the present day in the ROC legislation. The Additional Articles of the Constitution of the Republic of China delegates numerous rights to exercise the sovereignty of the state, including that of electing the President and Legislature, 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.
  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 movement. In the 1980s and 1990s, there were demands, particularly by the Tangwai 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" (Chinese: 萬年國會) 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.
  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 the Act Governing Relations between the People 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.
  In addition, there are two other Acts defining other "areas": the "Hong Kong and Macau Area" (Chinese: 港澳地區). The hand-over of these former European colonies to the People's Republic of China necessitated laws governing the relations of the Taiwan Area with them. The Acts are worded in a manner to avoid discussing whether the Republic of China claims sovereignty over Hong Kong and Macau.
caption: With President Chiang Kai-shek, U.S. President Dwight D. Eisenhower waved to onlookers during his visit to Taipei, Taiwan, in June 1960.
exif: {}