In December 2024, Professor Makoto Tajimi of the Graduate School of Law published an article titled “Judicial Guidelines on Punishing Diehard ‘Taiwan Independence’ Separatists and Their Implications for Democracy” in Hitotsubashi Journal of Law and International Studies （vol. 23, no. 3）. In this article, Professor Tajimi examines the “legal warfare” surrounding Taiwan that unfolded before and after the Taiwanese presidential inauguration speech. His analysis focuses particularly on the “Opinion on Punishing Stubborn ‘Taiwan Separatists’ for the Crimes of National Secession and Inciting National Secession in Accordance with the Law.” The article begins with an overview of the provisions outlined in the “Opinion,” followed by a detailed examination of its content. Through a structural analysis that incorporates related documents and policies that shape the interpretation of the “Opinion,” the study aims to clarify its objectives, significance, functions, and effects. Furthermore, the article explores the new phase of “legal warfare” concerning Taiwan in the “New Era,” paying special attention to the changes brought about by Xi Jinping Thought on the Rule of Law and their implications for Taiwan, Japan, and the global community. Finally, Professor Tajimi underscores the importance of fostering dialogue between Taiwanese civil society, external actors, and people in mainland China. He highlights the need for mutual reflection on the nature of “democracy” and the pursuit of a more refined and inclusive democratic framework.

https://www.law.hit-u.ac.jp/research/publication/list/publication23/