中華民國 31 年 1 月 24 日 制定 20 條 中華民國 31 年 2 月 10 日公佈
第十一條 人民團體之發起人數，除法令另有規定外，應依左列之規定： 一、縣各級人民團體之組織，應有十五人以上之發起。 二、中央直轄及省或院轄市之人民團體之組織，應有三十人以上之發起。
第十二條 人民團體之章程，應載明左列事項： 一、名稱。 二、宗旨。 三、區域。 四、會址。 五、任務或事業。 六、組織。 七、會員入會出會及除名。 八、會員之權利與義務。 九、職員名額權限任期及其選任解任。 十、會議。 十一、經費及會計。 十二、章程之修改。
人民團體違反法令妨害公益或怠忽任務時，主管官署得分別施以左列之處 分： 一、警告。 二、撤銷其決議。 三、整理。 四、解散。 職業團體經解散後，應即重行組織。
第二十條 本法自公佈日施行。 資料來源：《中央日報》，中華民國 31 年 2 月 11 日，版 3。
1972 年 2 月 28 日
訪問中，尼克森總統和周恩來總理就美利堅合眾國和中華人民共和國關係正 常化以及雙方關心的其他問題進行了廣泛、認真和坦率的討論。此外，國務卿威 廉‧羅傑斯和外交部長姬鵬飛也以同樣精神進行了會談。
中華人民共和國和美利堅合眾國領導人經過這麼多年一直沒有接觸之後，現 在有機會坦率地互相介紹彼此對各種問題的觀點，對此，雙方認為是有益的。他 們回顧了經歷著重大變化和巨大動盪的國際形勢，闡明了各自的立場和態度。
中國方面聲明：哪裡有壓迫，哪裡就有反抗。國家要獨立，民族要解放，人 民要革命，已成為不可抗拒的歷史潮流。國家不分大小，應該一律平等，大國不 應欺負小國，強國不應欺負弱國。中國決不做超級大國，並且反對任何霸權主義 和強權政治。中國方面表示：堅決支持一切被壓迫人民和被壓迫民族爭取自由、 解放的鬥爭；各國人民有權按照自己的意願，選擇本國的社會制度，有權維護本 國獨立、主權和領土完整，反對外來侵略、干涉、控制和顛覆。一切外國軍隊都 應撤回本國去。中國方面表示：堅決支持越南、老撾、柬埔寨三國人民為實現自 己的目標所作的努力，堅決支持越南南方共和臨時革命政府的七點建議以及在今 年二月對其中兩個關鍵問題的說明和印度支那人民最高級會議聯合聲明；堅決支 持朝鮮民主主義人民共和國政府一九七一年四月十二日提出的朝鮮和平統一的 八點方案和取消“聯合國韓國統一復興委員會”的主張；堅決反對日本軍國主義的 復活和對外擴張，堅決支持日本人民要求建立一個獨立、民主、和平和中立的日 本的願望；堅決主張印度和巴基斯坦按照聯合國關係印巴問題的決議，立即把自 己的軍隊全部撤回到本國境內以及查漠和克什米爾停火線的各自一方，堅決支持 巴基斯坦政府和人民維護獨立、主權的鬥爭以及查漠和克什米爾人民爭取自決權 的鬥爭。
美國方面聲明：為了亞洲和世界的和平，需要對緩和當前的緊張局勢和消除 衝突的基本原因作出努力。美國將致力於建立公正而穩定的和平。這種和平是公 正的，因為它滿足各國人民和各國爭取自由和進步的願望。這種和平是穩定的， 因為它消除外來侵略的危險。美國支持全世界各國人民在沒有外來壓力和干預的 情況下取得個人自由和社會進步。美國相信，改善具有不同意識形態的國與國之 間的聯繫，以便減少由於事故、錯誤估計或誤會而引起的對峙的危險，有助於緩 和緊張局勢的努力。各國應該互相尊重並願進行和平競賽，讓行動作出最後判 斷。任何國家都不應自稱一貫正確，各國都要準備為了共同的利益重新檢查自己 的態度。美國強調：應該允許印度支那各國人民在不受外來干涉的情況下決定自 己的命運；美國一貫的首要目標是談判解決；越南共和國和美國在一九七二年一 月二十七日提出的八點建議提供了實現這個目標的基礎；在談判得不到解決時， 美國預計在符合印度支那每個國家自決這一目標的情況下從這個地區最終撤出 所有美國軍隊。美國將保持其與大韓民國的密切聯繫和對它的支持；美國將支持 大韓民國為謀求在朝鮮半島緩和緊張局勢和增加聯繫的努力。美國最高度地珍視 同日本的友好關係，並將繼續發展現存的緊密紐帶。按照一九七一年十二月二十 一日聯合國安全理事會的決議，美國贊成印度和巴基斯坦之間的停火繼續下去， 並把全部軍事力量撤至本國境內以及查漠和克什米爾停火線的各自一方；美國支 持南亞各國人民和平地、不受軍事威脅地建設自己的未來的權利，而不使這個地 區成為大國競爭的目標。
中美兩國的社會制度和對外政策有著本質的區別。但是，雙方同意，各國不 論社會制度如何，都應根據尊重各國主權和領土完整、不侵犯別國、不干涉別國 內政、平等互利、和平共處的原則來處理國與國之間的關係。國際爭端應在此基 礎上予以解決，而不訴諸武力和武力威脅。美國和中華人民共和國準備在他們的 相互關係中實行這些原則。
──雙方都希望減少國際軍事衝突的危險； ──任何一方都不應該在亞洲──太平洋地區謀求霸權，每一方都反對任何 其他國家或國家集團建立這種霸權的努力；
雙方回顧了中美兩國之間長期存在的嚴重爭端。中國方面重申自己的立場： 臺灣問題是阻礙中美兩國關係正常化的關鍵問題；中華人民共和國政府是中國的 唯一合法政府；臺灣是中國的一個省，早已歸還祖國；解放臺灣是中國內政，別 國無權干涉；全部美國武裝力量和軍事設施必須從臺灣撤走。中國政府堅決反對 任何旨在製造“一中一台”、“一個中國、兩個政府”、“兩個中國”、“臺灣獨立”和 鼓吹“臺灣地位未定”的活動。
美國方面聲明：美國認識到，在臺灣海峽兩邊的所有中國人都認為只有一個 中國，臺灣是中國的一部分。美國政府對這一立場不提出異議。它重申它對由中 國人自己和平解決臺灣問題的關心。考慮到這一前景，它確認從臺灣撤出全部美 國武裝力量和軍事設施的最終目標。在此期間，它將隨著這個地區緊張局勢的緩 和逐步減少它在臺灣的武裝力量和軍事設施。
雙方同意，擴大兩國人民之間的瞭解是可取的。為此目的，他們就科學、技 術、文化、體育和新聞等方面的具體領域進行了討論，在這些領域中進行人民之 間的聯繫和交流將會是互相有利的。雙方各自承諾對進一步發展這種聯繫和交流 提供便利。
Joint Joint Communique of the United States of America and the People's Republic of China
February 28, 1972
President Richard Nixon of the United States of America visited the People's Republic of China at the invitation of Premier Chou En-lai of the People's Republic of
China from February 21 to February 28, 1972. Accompanying the President were Mrs.
Nixon, U.S. Secretary of State William Rogers, Assistant to the President Dr. Henry Kissinger, and other American officials.
President Nixon met with Chairman Mao Tsetung of the Communist Party of China on February 21. The two leaders had a serious and frank exchange of views on Sino-U.S. relations and world affairs.
During the visit, extensive, earnest and frank discussions were held between President Nixon and Premier Chou En-lai on the normalization of relations between the United States of America and the People's Republic of China, as well as on other matters of interest to both sides. In addition, Secretary of State William Rogers and Foreign Minister Chi Peng-fei held talks in the same spirit.
President Nixon and his party visited Peking and viewed cultural, industrial and agricultural sites, and they also toured Hangchow and Shanghai where, continuing discussions with Chinese leaders, they viewed similar places of interest.
The leaders of the People's Republic of China and the United States of America found it beneficial to have this opportunity, after so many years without contact, to present candidly to one another their views on a variety of issues. They reviewed the international situation in which important changes and great upheavals are taking place and expounded their respective positions and attitudes.
The Chinese side stated: Wherever there is oppression, there is resistance. Countries want independence, nations wan liberation and the people want revolution--this has become the irresistible trend of history. All nations, big or small, should be equal: big nations should not bully the small and strong nations should not bully the weak. China will never be a superpower and it opposes hegemony and power politics of any kind. The Chinese side stated that it firmly supports the struggles of all the oppressed people and nations for freedom and liberation and that the people of all countries have the right to choose their social systems according their own wishes and the right to safeguard the independence, sovereignty and territorial integrity of their own countries and oppose foreign aggression, interference, control and subversion. All foreign troops should be withdrawn to their own countries. The Chinese side expressed its firm support to the peoples of Viet Nam, Laos and Cambodia in their efforts for the attainment of their goal and its firm support to the seven-point proposal of the Provisional Revolutionary Government of the Republic of South Viet Nam and the elaboration of February this year on the two key problems in the proposal, and to the Joint Declaration of the Summit Conference of the Indochinese Peoples. It firmly supports the eight-point program for the peaceful unification of Korea put forward by the Government of the Democratic People's Republic of Korea on April 12, 1971, and the stand for the abolition of the "U.N. Commission for the Unification and Rehabilitation of Korea". It firmly opposes the revival and outward expansion of Japanese militarism and firmly supports the Japanese people's desire to build an independent, democratic, peaceful and neutral Japan. It firmly maintains that India and Pakistan should, in accordance with the United Nations resolutions on the Indo- Pakistan question, immediately withdraw all their forces to their respective territories and to their own sides of the ceasefire line in Jammu and Kashmir and firmly supports the Pakistan Government and people in their struggle to preserve their independence and sovereignty and the people of Jammu and Kashmir in their struggle for the right of self-determination.
The U.S. side stated: Peace in Asia and peace in the world requires efforts both to reduce immediate tensions and to eliminate the basic causes of conflict. The United States will work for a just and secure peace: just, because it fulfills the aspirations of peoples and nations for freedom and progress; secure, because it removes the danger of foreign aggression. The United States supports individual freedom and social progress for all the peoples of the world, free of outside pressure or intervention. The United States believes that the effort to reduce tensions is served by improving communication between countries that have different ideologies so as to lessen the risks of confrontation through accident, miscalculation or misunderstanding. Countries should treat each other with mutual respect and be willing to compete peacefully, letting performance be the ultimate judge. No country should claim infallibility and each country should be prepared to re-examine its own attitudes for the common good. The United States stressed that the peoples of Indochina should be al- lowed to determine their destiny without outside intervention; its constant primary objective has been a negotiated solution; the eight-point proposal put forward by the Republic of Viet Nam and the United States on January 27, 1972 represents a basis for the attainment of that objective; in the absence of a negotiated settlement the United States envisages the ultimate withdrawal of all U.S. forces from the region consistent with the aim of self-determination for each country of Indochina. The United States will maintain its close ties with and support for the Republic of Korea; the United States will support efforts of the Republic of Korea to seek a relaxation of tension and increased communication in the Korean peninsula. The United States places the highest value on its friendly relations with Japan; it will continue to develop the existing close bonds. Consistent with the United Nations Security Council Resolution of december 21, 1971, the United States favors the continuation of the ceasefire between India and Pakistan and the withdrawal of all military forces to within their own territories and to their own sides of the ceasefire line in Jammu and Kashmir; the United States supports the right of the peoples of South Asia to shape their own future in peace, free of military threat, and without having the area become the subject of great power rivalry.
There are essential differences between China and the United States in their social systems and foreign policies. However, the two sides agreed that countries, regardless of their social systems, should conduct their relations on the principles of respect for the sovereignty and territorial integrity of all states, non-aggression against other states, non-interference in the internal affairs of other states, equality and mutual benefit, and peaceful coexistence. International disputes should be settled on this basis, without resorting to the use or threat of force. The United States and the People's Republic of China are prepared to apply these principles to their mutual relations.
With these principles of international relations in mind the two sides stated that:
Progress toward the normalization of relations between China and the United States is in the interests of all countries
Both wish to reduce the danger of international military conflict
Neither should seek hegemony in the Asia-Pacific region and each is opposed to efforts by any other country or group of countries to establish such hegemony 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.
Both sides are of the view that it would be against the interests of the peoples of the world for any major country to collude with another against other countries, or for major countries to divide up the world into spheres of interest.
The two sides reviewed the long-standing serious disputes between China and the United States. The Chinese side reaffirmed its position: the Taiwan question is the crucial question obstructing the normalization of relations between China and the United States; the Government of the People's Republic of China is the sole legal government of China; Taiwan is a province of China which has long been returned to the motherland; the liberation of Taiwan is China's internal affair in which no other country has the right to interfere; and all U.S. forces and military installations must be withdrawn from Taiwan. The Chinese Government firmly opposes any activities which aim at the creation of "one China, one Taiwan", "one China, two governments", "two Chinas", an "independent Taiwan" or advocate that "the status of Taiwan remains to be determined".
The U.S. side declared: The United States acknowledges that all Chinese on either side of the Taiwan Strait maintain there is but one China and that Taiwan is a part of China. The United States Government does not challenge that position. It reaffirms its interest in a peaceful settlement of the Taiwan question by the Chinese themselves. With this prospect in mind, it affirms the ultimate objective of the withdrawal of all U.S. forces and military installations from Taiwan. In the meantime, it will progressively reduce its forces and military installations on Taiwan as the tension in the area diminishes. The two sides agreed that it is desirable to broaden the understanding between the two peoples. To this end, they discussed specific areas in such fields as science, technology, culture, sports and journalism, in which people-to-people contacts and exchanges would be mutually beneficial. Each side undertakes to facilitate the further development of such contacts and exchanges.
Both sides view bilateral trade as another area from which mutual benefit can be derived, and agreed that economic relations based on equality and mutual benefit are in the interest of the peoples of the two countries. They agree to facilitate the progressive development of trade between their two countries.
The two sides agreed that they will stay in contact through various channels, including the sending of a senior U.S. representative to Peking from time to time for concrete consultations to further the normalization of relations between the two countries and continue to exchange views on issues of common interest.
The two sides expressed the hope that the gains achieved during this visit would open up new prospects for the relations between the two countries. They believe that the normalization of relations between the two countries is not only in the interest of the Chinese and American peoples but also contributes to the relaxation of tension in Asia and the world.
President Nixon, Mrs. Nixon and the American party expressed their appreciation for the gracious hospitality shown them by the Government and people of the People's Republic of China.
1978 年 12 月 15 日
Joint Communique of the United States of America and the People's Republic of China
January 1, 1979
(The communique was released on December 15, 1978, in Washington and Beijing.)
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.
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.
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:
Both wish to reduce the danger of international military conflict.
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.
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.
The Government of the United States of America acknowledges the Chinese position that there is but one China and Taiwan is part of China.
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. 資料來源：美國國務院網站
Taiwan Relations Act
Public Law 96-8 96th Congress
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,
SECTION 1. This Act may be cited as the "Taiwan Relations Act".
FINDINGS AND DECLARATION OF POLICY
SEC. 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--
(b) It is the policy of the United States--
(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
SEC. 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.
APPLICATION OF LAWS; INTERNATIONAL AGREEMENTS
SEC. 4. (a) The absence of diplomatic relations or recognition shall not affect the application of the laws of the United States with respect to Taiwan, and the laws of the United States shall apply with respect to Taiwan in the manner that the laws of the United States applied with respect to Taiwan prior to January 1, 1979.
(b)The application of subsection (a) of this section shall include, but shall not be limited to, the following:
(3)(A) The absence of diplomatic relations and recognition with respect to Taiwan shall not abrogate, infringe, modify, deny, or otherwise affect in any way any rights or obligations (including but not limited to those involving contracts, debts, or property interests of any kind) under the laws of the United States heretofore or hereafter acquired by or with respect to Taiwan.
(B) For all purposes under the laws of the United States, including actions in any court in the United States, recognition of the People's Republic of China shall not affect in any way the ownership of or other rights or interests in properties, tangible and intangible, and other things of value, owned or held on or prior to December 31, 1978, or thereafter acquired or earned by the governing authorities on Taiwan.
OVERSEAS PRIVATE INVESTMENT CORPORATION
SEC. 5. (a) During the three-year period beginning on the date of enactment of this Act, the $1,000 per capita income restriction in insurance, clause (2) of the second undesignated paragraph of section 231 of the reinsurance, Foreign Assistance Act of 1961 shall not restrict the activities of the Overseas Private Investment Corporation in determining whether to provide any insurance, reinsurance, loans, or guaranties with respect to investment projects on Taiwan.
(b) Except as provided in subsection (a) of this section, in issuing insurance, reinsurance, loans, or guaranties with respect to investment projects on Taiwan, the Overseas Private Insurance Corporation shall apply the same criteria as those applicable in other parts of the world.
THE AMERICAN INSTITUTE OF TAIWAN
SEC. 6. (a) Programs, transactions, and other relations conducted or carried out by the President or any agency of the United States Government with respect to Taiwan shall, in the manner and to the extent directed by the President, be conducted and carried out by or through--
SERVICES BY THE INSTITUTE TO UNITED STATES CITIZENS ON TAIWAN
SEC. 7. (a) The Institute may authorize any of its employees on Taiwan--
(b) Acts performed by authorized employees of the Institute under this section shall be valid, and of like force and effect within the United States, as if performed by any other person authorized under the laws of the United States to perform such acts.
TAX EXEMPT STATUS OF THE INSTITUTE
SEC. 8. (a) The Institute, its property, and its income are exempt from all taxation now or hereafter imposed by the United States (except to the extent that section 11(a)(3) of this Act requires the imposition of taxes imposed under chapter 21 of the Internal Revenue Code of 1954, relating to the Federal Insurance Contributions Act) or by State or local taxing authority of the United States.
(b) For purposes of the Internal Revenue Code of 1954, the Institute shall be treated as an organization described in sections 170(b)(1)(A), 170(c), 2055(a), 2106(a)(2)(A),, 2522(a), and 2522(b).
FURNISHING PROPERTY AND SERVICES TO AND OBTAINING SERVICES
FROM THE INSTITUTE
SEC. 9. (a) Any agency of the United States Government is authorized to sell, loan, or lease property (including interests therein) to, and to perform administrative and technical support functions and services for the operations of, the Institute upon such terms and conditions as the President may direct. Reimbursements to agencies under this subsection shall be credited to the current applicable appropriation of the agency concerned.
SEC. 10. (a) Whenever the President or any agency of the United States Government is authorized or required by or pursuant to the laws of the United States to render or provide to or to receive or accept from Taiwan, any performance, communication, assurance, undertaking, or other action, such action shall, in the manner and to the. extent directed by the President, be rendered or Provided to, or received or accepted from, an instrumentality established by Taiwan which the President determines has the necessary authority under the laws applied by the people on Taiwan to provide assurances and take other actions on behalf of Taiwan in accordance with this Act.
SEPARATION OF GOVERNMENT PERSONNEL FOR EMPLOYMENT WITH
SEC. 11. (a)(1) Under such terms and conditions as the President may direct, any agency of the United States Government may separate from Government service for a specified period any officer or employee of that agency who accepts employment with the Institute.
(d)(1) For purposes of sections 911 and 913 of the Internal Revenue Code of 1954, amounts paid by the Institute to its employees shall not be treated as earned income. Amounts received by employees of the Institute shall not be:included in gross income, and shall be exempt from taxation, to the extent that they are equivalent to amounts received by civilian officers and employees of the Government of the United States as allowances and benefits which are exempt from taxation under section 912 of such Code.
(2) Except to the extent required by subsection (a)(3) of this section, service performed in the employ of the Institute shall not constitute employment for purposes of chapter 21 of such Code and title II of the Social Security Act.
SEC. 12. (a) The Secretary of State shall transmit to the Congress the text of any agreement to which the Institute is a party. However, any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives under an appropriate injunction of secrecy to be removed only upon due notice from the President.
(b) For purposes of subsection (a), the term "agreement" includes-
RULES AND REGULATIONS
SEC. 13. The President is authorized to prescribe such rules and regulations as he may deem appropriate to carry out the purposes of this Act. During the three-year period beginning on the effective date speaker of this Act, such rules and regulations shall be transmitted promptly to the Speaker of the House of Representatives and to the Committee on Foreign Relations of the Senate. Such action shall.not, however, relieve the Institute of the responsibilities placed upon it by this Act.'
SEC. 14. (a) The Committee on Foreign Affairs of the House of Representatives, the Committee on Foreign Relations of the Senate, and other appropriate committees of the Congress shall monitor-
(b) Such committees shall report, as appropriate, to their respective Houses on the results of their monitoring.
SEC. 15. For purposes of this Act-
AUTHORIZATION OF APPROPRIATIONS
SEC. 16. In addition to funds otherwise available to carry out the provisions of this Act, there are authorized to be appropriated to the Secretary of State for the fiscal year 1980 such funds as may be necessary to carry out such provisions. Such funds are authorized to remain available until expended.
SEVERABILITY OF PROVISIONS
SEC. 17. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to any other person or circumstance shall not be affected thereby.
SEC. 18. This Act shall be effective as of January 1, 1979. Approved April 10, 1979.