Constitutional government is the political way of free China. Dr. Sun Yat-sen, the Founding Father of the Republic, was a firm constitutionalist and innovator of the five-powers governmental system. The Constitution itself was written, adopted and implemented on the Chinese mainland as the struggle against the Communists was rising to a crescendo. In the 23 years since the 1949 withdrawal to the island bastion of Taiwan province, the Constitution has been preserved, protected and strengthened.
First Constitutional elections were held on the mainland in 1947 and 1948. The Parliament was made up of the National Assembly with 2,961 members, the Legislative Yuan with 760 members and the Control Yuan with 180 members. These parliamentarians represented the whole of China. All-mainland election of a new National Assembly should have been held in 1953 and of a new Control Yuan in 1954 (terms of both Assemblymen and Controllers are six years). The Legislative Yuan should have been replaced by a new body in 1950 (legislators' terms are three years).
With the mainland closed behind the Iron Curtain, these new elections were not possible. The Constitution laid down specific requirements for all-mainland representation. These were not easily waived, although the Temporary Provisions Effective During the Period of Communist Rebellion gave the President of the Republic authority to take any action necessary for the safeguarding of the nation and the Constitutional system.
Government and people at first agreed it would be better to defer elections until return to the mainland. This was reasonable enough in the early Taiwan years. Parliamentary members were active and many were young. The size of the three bodies was down to 1,392 for the National Assembly, 425 for the Legislative Yuan and 65 for the Control Yuan as of July 1 this year.
The inroads of attrition were recognized in the middle 1960s. Partial elections to fill Taiwan vacancies and provide representation for increased Taiwan population were held in 1969. Fifteen members were added to the National Assembly, 11 to the Legislative Yuan and 2 to the Control Yuan. By the 1972 fifth session of the National Assembly, the members of that body, which amends the Constitution and elects the President and Vice President, had concluded that further and more extensive elections had become imperative at the national level. The Temporary Provisions of the Constitution were amended again to give the President power to call elections without regard to Constitutional provisions for representation by province and population. The amendment specified that parliamentarians elected previously would continue to hold office without the necessity of re-election until all-China elections become possible but that those chosen in the elections called by the President would serve regular terms of six years for the National Assembly and three years for the Legislative and Control Yuans.
On June 29, President Chiang Kai-shek promulgated regulations for the election late in 1972 and early in 1973 of additional members to the three constituent bodies of the Parliament. The National Assembly will get 53 new members, the Legislative Yuan 51 and the Control Yuan 15 for a total of 119. Percentage increases will be 4 for the Assembly, 12 for the Legislature and 23 for the Control Yuan.
Of the new National Assemblymen, 30 will come from electoral districts of Taiwan Province and 4 from Taipei City. Kinmen (Quemoy) and Matsu will elect 2, as will the aborigines of Taiwan Province. Ten will come from the ranks of occupational groups, as follows: farmers 2, fishermen 1, workers 2, industry 2, commerce 2 and education 1. Women's organizations will choose 4 members from Taiwan Province and 1 from Taipei City.
Twenty-one legislators will be chosen by electors of Taiwan Province and 4 by those of Taipei City. One will come from Kinmen and Matsu and one from among aborigines. The eight occupational representatives will come from: farmers 2, fishermen 1, workers 2, industry 1, commerce 1 and education 1. Fifteen will be selected from Chinese residing overseas.
Members of the Control Yuan are elected indirectly. Seven members will be chosen by the Taiwan Provincial Assembly and 3 by the Taipei City Council. Five will come from overseas Chinese communities.
Election will be universal, equal, direct and by secret ballot under a system in which a vote is cast for only one candidate. Electors are citizens of the Republic of China who have attained the age of 20 and have not been deprived of their civil rights or interdicted. The electoral district residential requirement is six months. A candidate for Assembly or Legislature is required to be at least 23 years old, to have residence of at least six months in the district he seeks to represent and have a minimum of high school education or have passed the civil service examination. Control Yuan candidates are required to have attained the age of 35. Candidates receiving at least 10 per cent of an average derived by dividing the number of votes by the number of members to be elected will have their expenses paid by the General Office of Elections.
The 11 commissioners of the General Office of Elections met late in June and announced that elections at the national level would be held in December together with elections of Provincial Assemblymen and Taiwan county magistrates and city mayors (except for the mayor of Taipei, who is appointed).
Measures for selection of the 15 Legislators and 5 Controllers from among overseas Chinese were set forth in a presidential decree. Legislative Yuan seats will be allocated on this basis: Northeast Asia, 1; Hongkong-Macao, 3; other Asian areas, 5; Americas, 4; Europe, Africa and Oceania, 2. Each of these areas will have one new member of the Control Yuan. Candidates must be nationals of the Republic of China who have resided in their area five years or longer. The Overseas Chinese Affairs Commission and other government agencies concerned will set up a selection committee.
An explanation of the regulations governing election of the new parliamentarians said that the goal was "an appropriate increase," and "appropriate means the increase should be neither too small nor too big." The explanation continued: "If the number is too small, the objective of strengthening elective offices at the Central Government level cannot be attained; if the number is- too big, the quality of the representatives will be affected by the increase in quantity.
"Furthermore, the election of additional representatives must be coordinated with local elections. There must be an appropriate numerical proportion between representatives at the Central Government level and representatives at the provincial and municipal levels elected from the same area. In other words, the number of representatives at the Central Government level should not exceed the number of representatives at the provincial and municipal levels elected from the same area.
"At the same time, talented persons should be allowed to choose between participation in the Central Government or in local self-government in accordance with their aspirations and their qualifications. Following this principle, we must first of all consider the existing number of representatives at the Central Government level. The areas which have more representatives now will have a lower rate of increase while the areas which have fewer representatives will have a higher rate of increase. At the same time, the stipulations of the Constitution must also be taken into consideration. Although Item 6 of the Temporary Provisions stipulates that the formulation of these Regulations is not subject to the restrictions prescribed in Articles 26, 64 and 91 of the Constitution, these articles are the basic rules applying to elective offices at the Central Government level and the original provisions of the Constitution still must be used as reference in formulating the new regulations. Only the electoral units and number and distribution of the additional representatives at the Central Government level are to be appropriately readjusted."
The explanation noted that if the calculation of population prescribed in the Constitution had been followed, the number of new members of the National Assembly and Legislative Yuan would have been too small. For those to be chosen from electoral districts, the standard set forth in the Constitution was increased by 43 per cent. Quotas for representatives from women's organizations and occupational groups also exceeded the numbers provided under the Constitution.
Editorial comment on the appropriateness of the numbers to be elected was favorable. One paper said: "Determination of the number of new members was the most difficult task in planning the elections. If the guidelines laid down in the Constitution had been precisely followed, the number would have been too small. But the Temporary Provisions of the Constitution give the President wide latitude. Thus it was possible to enlarge the quotas and serve the needs of the Taiwan-Kinmen-Matsu situation as it actually exists.
"The number to be elected could have been larger. But since it is currently impossible to choose a wholly new Parliament, enlargement by several hundred members would serve no useful purpose. In the end, the new head count had to be a compromise. Some sound reasons support the numbers as finally announced. More important than numbers and the creation of electoral machinery is the fact that the Republic of China has again expressed its adherence to democratic principles and practice.
"Scheduling of these elections has not been easy. Many obstacles had to be overcome. Some people are still opposed to national level voting on a large scale before return to the mainland. President Chiang and the government have persevered, however, and we shall have new elections and a shot in the arm for the free Chinese parliamentary system.
"The Chinese Communists, who have not dared elect a 'people's congress' since 1964 and have not convened it since 1965, will take notice. So—we hope—will those erstwhile and present friends who have the mistaken impression that the Republic of China is less of a dynamic concern than before. The fact is to the contrary."
China's constitutional movement goes back to the first Sino-Japanese War of 1894-95. The concepts and advocacies of reformers led to several draft constitutions. Among these were the Outline of 1905, the Nineteen Articles of 1911, the Provisional Compact of 1912, the Tien Tan Draft of 1913 and the Tsao Kun Constitution of 1923.
During the Tung Meng Hui (forerunner of the Kuomintang or Nationalist Party) period from 1905 to mid-1912, Dr. Sun Yat-sen, the Founding Father, and his followers overthrew the Ch'ing dynasty under the banner of the Three Principles of the People (Nationalism, Democracy and the People's Well Being), the Three-Stage Revolution Theory of a period of military rule, political tutelage under the leadership of the ruling party and constitutional government, and the Five-Power Constitution.
The Republic of China was established January 1, 1912. Twenty years later in December, 1932, the third plenary session of the fourth Central Executive Committee of the Kuomintang resolved to convene a people's congress (national assembly) and draft a constitution. In 1933, the first draft was completed by the Legislative Yuan. In December, 1934, this was submitted to the fourth plenary session of the Central Executive Committee for approval, which was given in December, 1935. The committee resolved that the National Assembly should be elected before October 10, 1936, and convened November 12.
Organizational and electoral regulations of the Assembly were promulgated by the National Government on May 14, 1936. Membership was to be 1,200, of whom 665 would be elected from provinces and municipalities. Inexperience and procedural technicalities led to a postponement until November, 1937. By then the Sino-Japanese War was raging and elections were out of the question.
In October of 1939, the sixth session of the fifth Central Executive Committee decided to convene the National Assembly in Chungking in November, 1940. Difficulties of wartime transportation prevented delegates from reaching the temporary capital. In August of 1941, the Assembly Hall was destroyed by Japanese bombing.
In September of 1943, the eleventh plenary session of the fifth Central Executive Committee decided to convene the National Assembly within a year from conclusion of the war. In May of 1945, the sixth National Congress of the Kuomintang accepted the proposal of Generalissimo Chiang Kai-shek to convene the National Assembly by November 12 of 1945. Nine hundred and fifty members were elected. Of these, 557 were from provinces and municipalities, 311 from trade and professional organizations, 26 from Mongolia and Tibet, 26 from overseas Chinese communities and 30 from the armed forces.
In January of 1946, the Central Government called a Political Consultative Conference. All political parties and interested groups were represented and a revision of the 1936 draft constitution was completed. Convocation of the National Assembly scheduled for May 5, 1946, was postponed because of the Chinese Communist rebellion. Finally, on November 15, the National Assembly was opened at Nanking and adopted the Constitution on December 25. The first National Assembly under the Constitution was elected in November, 1947, with 2,961 members of the following categories:
One delegate from each county, municipality or area of equivalent status. If the population exceeded 500,000, one additional delegate was to be elected for each additional 500,000.
For Mongolia, four from each league and one from each special banner.
For Tibet, for various racial groups in frontier regions, for Chinese citizens residing abroad, for occupational groups and for women's organizations, the numbers to be elected were prescribed by law.
On April 18, 1948, the National Assembly enacted the Temporary Provisions Effective During the Period of Communist Rebellion as an attachment to the Constitution. These Provisions enabled the President to take "emergency measures to avert imminent danger to the security of the State or of the people" without being restricted to procedural restrictions of the legislature. The second plenary session of the National Assembly held in Taipei March 11, 1954, decided that the Temporary Provisions should remain in force until annulled.
On February 12, 1960, the Council of Grand Justices gave this interpretation of "total membership of the National Assembly:"
"The total membership of the National Assembly under the Constitution shall be counted on the basis, in the present situation, of the members of delegates who are duly elected according to law, and able to answer summons to attend the meeting of the Assembly.
"The total membership of the National Assembly under the Constitution or other laws was counted, during the first and second sessions of the present Assembly, on the basis of the number of the delegates scheduled to be elected. It is, however, a decade since the fall of the mainland, and the country is undergoing a grave crisis. Many of the delegates thereby being deprived of the liberty of movement, were unable to attend the meetings of the Assembly. And for those members disqualified on various reasons, their position being vacant, few candidates could be found to succeed them or to fill up the vacancies ... In the present situation, which is unlike the past, the doctrine of rebus sic stantibus shall apply. Due respect is to be paid to original intentions of the Constitution in setting up the National Assembly. The total membership shall be construed as consisting of the delegates duly elected according to law and able to go at summons to the meeting at the seat of Central Government, including those who are free to, but do not actually attend."
This interpretation served as the basis of amendments of the Temporary Provisions by the extraordinary session of the National Assembly on February 7, 1966, and by the National Assembly on March 19, 1966. Item 5 of the amended Temporary Provisions reads:
"To meet the requirements of national mobilization and suppression of the Communist rebellion, the President may make adjustments in the administrative and personnel organs of the Central Government, and also may initiate and promulgate for enforcement regulations providing for elections to fill, according to law, those elective offices at the Central Government level which have become vacant for legitimate reasons, or for which additional representation is called for because of population increases, in areas that are free and/or newly recovered."
Based on this Item, Regulations Governing the By-Election and Election of Additional Members to Elective Offices on the Central Government Level in the Free Districts During the Period of Mobilization Against Communist Rebellion was promulgated by the President on March 27, 1969. It provided for by-election and election of additional members to the National Assembly, the Legislative Yuan and the Control Yuan. A partial parliamentary election was held on December 20, 1969, and 15 members were elected to the National Assembly and 11 to the Legislative Yuan. The election was limited to the Taiwan area. About 3 million voters went to the polls, a turnout of 59.77 per cent for the province.
Of the newly elected Assemblymen, 9 were from constituencies of Taiwan Province as a result of population increase. The other 6 were elected from constituencies of the Special Municipality of Taipei, formerly under the jurisdiction of the Taiwan Provincial Government but elevated in July, 1967, to the same status as a province and under the direct jurisdiction of the Executive Yuan. The 15 new members raised the Assembly's membership to 1,461.
The ninth plenary meeting of the fifth session of the National Assembly passed March 17, 1972, upon completion of three readings an amendment to the Temporary Provisions dividing Item 5 into Items 5 and 6 and raising the number of items from 10 to 11. Items 5 and 6 now read as follow:
"5. To meet the requirements of national mobilization and the suppression of the Communist rebellion, the President may make adjustments in the administrative and personnel organs of the Central Government, as well as their organizations.
"6. During the period of national mobilization and the suppression of Communist rebellion, the President may, in accordance with the following stipulations, initiate and promulgate for enforcement regulations providing for elections to strengthen elective offices at the Central Government level without being subject to the restrictions prescribed in Article 26, Article 64 or Article 91 of the Constitution.
"(1) In free areas, additional numbers of representatives may be elected to all elective offices at the Central Government level by elections to be held at established times. The President may initiate regulations for the selection of members of the Legislative Yuan and the Control Yuan who were to have been elected from among Chinese nationals residing overseas but whose, election could not be carried out because of the actual situation.
"(2) Representatives to the first elective offices at the Central Government level were elected by popular vote throughout the nation. These representatives, as well as those representatives who were elected later to fill vacancies or to provide additional representation, therefore shall continue to carry out their functions in accordance with law.
"As soon as the Chinese mainland is recovered, elections shall be held one by one as areas are recovered.
"(3) Representatives additionally elected to the elective offices at the Central Government level shall carry out the same functions as those elected previously. The new delegates to the National Assembly elected for additional representation shall stand for re-election every six years; those of the Legislative Yuan, every three years; and those of the Control Yuan, every six years."
"In accordance with the grant of authority given the President by Item 6, Regulations Governing the Election of Additional Members to Elective Offices on the Central Government Level in the Free Districts During the period of Mobilization Against Communist Rebellion were promulgated by the President June 29, 1972. These Regulations provided the principles which have been followed in deciding the number of additional representatives on the Central Government level, the electoral units of these additional representatives and their distribution.
Free China's constitutional system is based on the thinking of Dr. Sun Yat-sen, who taught that there are two forces in political power—people and government. There are four people's or popular powers: suffrage, recall, initiative and referendum. Through these, the people can control the government. There are five governmental powers: executive, legislative, judicial, examination and control. Democratic rule is accomplished by placing ultimate political power in the hands of the people, who are sovereign, and administrative power in the hands of a responsible government to carry out the business of the nation.
The National Assembly exercises the political rights of election, recall, initiative and referendum on behalf of the people. Specific functions include the election and recall of the President and the Vice President, amendment of the Constitution and approval of constitutional amendments submitted by the Legislative Yuan by way of referendum. The National Assembly is the only organ with power to alter the national boundaries. The Council of Grand Justices held in 1957 that the Parliament of the Republic of China consists of the National Assembly together with the Legislative Yuan and Control Yuan.
The Legislative Yuan was established in December, 1928, as one of the five yuan of the Central Government during the period of political tutelage. At that time, legislators were appointed and functions and powers were limited. The first Legislative Yuan under the Constitution assembled at Nanking May 18, 1948. Meetings are held twice a year: February to May and September to December. Meetings may be extended. Proceedings nominally are open to the public but may be closed. Presidents of the other four Yuan and heads of ministries and commissions may attend to present their views.
Unless otherwise stipulated in the Constitution, bills are passed by majority vote. In case of a tie, the chairman casts the deciding vote. After a bill has been passed, it is referred to the President of the Republic and the Executive Yuan. The President must promulgate the bill within 10 days or the Executive Yuan may, with the President's approval, request reconsideration. If a reconsidered bill passes with a two-thirds majority, it must be promulgated or the president of the Executive Yuan (the premier) must resign.
The Legislative Yuan has 12 committees: foreign affairs, home affairs, national defense, economic affairs, finance, budget, education, communications, frontier affairs, overseas Chinese affairs, judicial affairs and organic law. Each is limited to 90 members and a member may serve on only one committee.
The third leg of free China's parliament is the least known, even though the Control Yuan is the highest supervisory organ of the nation. China's system of supervision and control of public functionaries was established as early as the Chin (221-206 B.C.) and Han (206 B.C.-220 A.D.) dynasties. In those days a group of officials known as Yu Shih were charged with this function in addition to their other duties.
The office of Yu Shih became independent after the Wei (202-265 A.D.) and Tsin (265-420) dynasties. Then it was separated from the executive functions of the government and given increased powers of supervision and control. In 998, during the reign of Emperor Chun Chung of the Sung dynasty, the power of control was exercised by two classes of officials: the Yu Shih Tai concerned with the supervision of the state and the Chien Yi Ta Fu concerned with the emperor. In the provinces, there were 10 An Cha Shih appointed for the inspection of local governments.
The system of supervision and control was further developed during the Ming dynasty (1368-1644), especially at local levels. There were then 13 Yu Shih conducting investigations and reporting cases of impeachment to the government, either overtly or confidentially. During the Ch'ing dynasty (1644-1912), the Ming practice was followed but with an increase to 15 and then to 20 local investigators.
In the past, the Yu Shih could investigate not only matters of law but also of morals; not only the unlawful performance of officials but also their private lives; not only officials on active duty but also those who had retired. Yu Shih could impeach persons on suspicion and even before the commission of an offense. Actions of the emperor came under their purview.
Powers of the Yu Shih included the following: recommendations in political affairs, impeachment, investigation of executive actions and officials, participation in trials for serious and state crimes, defense and exoneration of the innocent, inspection of accounts, dissent from the edicts of the emperor or the state, destruction of documents and supervision of ceremonies.
When the Republic came into existence, the power of impeachment was first given to the legislature, as is the practice in Europe and the United States. Impeachment could be directed only against the President of the Republic for high treason and against cabinet ministers for breach of law or dereliction of duty. The offenses of other officials could only be referred to the government for appropriate action.
The Control Yuan was officially inaugurated in February of 1931. There were 19 to 29 members in addition to the president and vice president of the Yuan. Numbers were increased from 29 to 49 and in 1943 to from 54 to 74 members. A first election was held in January of 1948. By April of 1949, 180 of the permitted 223 members had been chosen. The first constitutional Control Yuan met at Nanking June 3, 1948.
The relationship between the Control Yuan and Executive Yuan is close. The Control Yuan may exercise powers of impeachment and censure against functionaries of the national and local governments and propose corrective measures for the Executive Yuan and its ministries and commissions, which must submit original orders and all other relevant documents to the Control Yuan upon request.
The Control Yuan exercises power of consent in the appointment of the president, vice president and grand justices of the Judicial Yuan and the president, vice president and members of the Examination Yuan. Impeachment of the President or Vice President of the Republic may be instituted only by initiative of not less than one-fourth of the members and by vote of a majority after due consideration. The impeachment then is laid before the National Assembly. The Control Yuan may exercise power of impeachment and censure against the personnel of the Judicial Yuan and Examination Yuan and their subordinate organs and may propose measures for correction and improvement.
The close relationship of the Control Yuan to the Judicial Yuan and Examination Yuan is illustrated in the power of the Judicial Yuan to take disciplinary action against public functionaries, thereby reviewing the Control Yuan's impeachment. The public examinations conducted by the Examination Yuan are subject to the supervision of the Control Yuan.
All members of the Control Yuan form the Control Yuan Council, which elects the president and vice president from its own ranks. The president is responsible for calling monthly meetings of the Control Yuan. Extraordinary meetings may be called. A quorum is one-fifth of the membership. The year's work is reviewed at an annual meeting in December. Proposals must be submitted in writing. Meetings are nominally open but may be closed. There are 10 committees: foreign affairs, home affairs, national defense, finance, economic affairs, education, judiciary, communications, frontier affairs and overseas Chinese affairs.
Control Yuan impeachments require investigation and confirmation by at least nine members in addition to the members filing the charge. The case is referred to the Committee on the Discipline of Public Functionaries. Censure requires investigation and confirmation by at least three members. The case is then referred to the offender's superior officer. If the offense is a violation of criminal or military law, it must be referred to a civil or military tribunal.
Corrective measures are based on Control Yuan investigations of the executive branch of government. These recommendations are transmitted to the Executive Yuan or its ministries and commissions, which are required to act and report to the Control Yuan within two months. Field investigations of government at all levels are conducted on a circuit basis. Control Yuan members and officials may examine the files of government offices, military establishments and civic organizations and receive complaints from the people. Findings may be used as the basis for impeachment, censure or corrective measures. There are 10 circuit investigating teams for the Central Government and 10 others for local governments.
This is the going concern of democratic, responsible, constitutional government which the parliamentary elections will strengthen.