The one-China issue extensively influences Taiwan’s internal political struggles especially on that of independence or unification. It also holds back the development of the cross-strait relations and causes confusion to international community. Taiwan has been continuously trying to break through the siege of the one-China premise to emphasize its own subjectivity and its equality to Mainland China. Unfortunately, according to the Amendment to the Republic of China Constitution, it defines Taiwan’s present state as “prior to unification”. Along with separate interpretations of the one-China premise in all aspects, they become a primary barrier for Taiwan to discard China. This article intends to deconstruct the positioning of the cross-strait relations effectuated by the constitution and its amendment practice. It uses the people’s sovereignty theory to prop up the real sovereignty discourse, and consequently justify the special two-nation theory on the ground of real sovereignty. At last, it suggests the strategy of interpreting the legal and real sovereignty respectively to deal with the one-China constitutional framework.