The present government of the Republic of China was established in 1948 in accordance with the Constitution adopted in the winter of 1946. Delegates to the National Assembly and members of the Legislative Yuan and the Control Yuan are elected by popular vote. The President and the Vice President of the Republic are elected by the National Assembly. It is the first constitutional government in Chinese history.
This constitutional government is unique in several other ways. It has the major features of both the cabinet and the presidential forms of government. It is based on the division of political and administrative power, the separation of five administrative powers, and the division of authority between the central and local governments.
Following its removal to Taiwan in 1949, the government successfully carried out a provincial self-government program. This earned the Republic of China the title of Asia's "show window of democracy" and is to be used as a blueprint for other provinces when the mainland is recovered.
Yet China's road to constitutionalism was tortuous. No other country in the world had so many obstacles to remove before a constitutional government was instituted.
For several thousand years, China was a monarchy. Not until 1911 did the followers of Dr. Sun Yat-sen succeed in the Wuchang uprising, thus terminating the more than 260 years of the Manchu dynasty, eradicating the last vestige of one of the world's oldest monarchical systems, and founding Asia's first republic.
At first the Republic existed in name only. The first years saw a series of internecine wars among warlords. China was reunified in 1928 as a result of the successful Northward Expedition. Shortly afterward, Japan made a determined atfemptef6 subjugate China, culminating in the Sino-Japanese war of 1937-45. China's efforts to introduce a constitutional government were repeatedly frustrated by such conflicts.
Fourteen months after V-J Day in 1945; a National Assembly was finally convoked in Nanking and a Constitution was adopted in December, 1946.
General elections for delegates to the First National Assembly, members of the Legislative Yuan, and the Control Yuan were held in 1948 in accordance with the Constitution. The President and the Vice President were elected. The constitutional government was finally a fact.
Even before implementation of constitutional government, the Chinese Communists began their open rebellion. With the aid of the international Communists they succeeded in seizing the mainland in 1949. Consequently, the only legally instituted government of the Republic of China, deriving its just powers from the governed through popular election, had to move to Taiwan to continue the struggle against Communism.
Cabinet Provisions
Since removal to Taiwan, the government of the Republic of China has continued to function in accordance with the Constitution. A number of remarkable achievements have been made in several fields of endeavor. Today this government represents free China's determination to continue to fight for freedom and serves as a beacon of hope for the enslaved people on the mainland.
Many provisions in the 1946 Constitution are characteristic of the cabinet form of government. For example, the president of the Executive Yuan—or premier—is nominated and, with the consent of the Legislative Yuan, appointed by the President. This means that the premier must be the leader of the majority party in the legislature, or one who, though non-partisan, receives the support of the majority party. The vice president of the Executive Yuan and ministers, with or without portfolio, are appointed by the President upon the recommendation of the premier. Presidential decrees promulgating laws and issuing administrative ordinances require the countersignature of the premier, and at times that of a cabinet minister or chairman. The Executive Yuan is responsible to the Legislative Yuan. The premier must either resign or abide by a resolution of the Legislative Yuan when he has been overruled by a two-thirds majority.
Certain features of the presidential system are also discernible. The Executive Yuan, with the approval of the President, may send a bill back to the Legislative Yuan for reconsideration. No member of the Legislative Yuan may hold concurrent posts in other branches of the government. The Legislative Yuan cannot force the premier to resign with a vote of non-confidence. At the same time, the Executive Yuan is not vested with the power to dissolve the Legislative Yuan.
The Chinese government system has several unique features. One is the division of political and administrative powers.
According to Dr. Sun, there are two forces in politics, the political power of the people and the administrative power of the government. The former is the power to control the government and may also be called popular power. The latter is the power of the government itself. There are four political powers—suffrage, recall, initiative, and referendum—and five government powers—executive, legislative, judicial, examination, and control. Only when the political powers are in the hands of the people, who have the sovereignty to directly control the affairs of the state, and the administrative powers are placed in government organs with the power to manage the nation's business, can a truly democratic government be established.
U.S. Similarities
The 1946 Constitution vests political power in the National Assembly. Composed of delegates elected on geographical and occupational bases, it exercises the four major political powers on behalf of the people. Its chief functions are: election and recall of the President and the Vice President, amendment of the Constitution, and approval of proposed constitutional amendments submitted by the Legislative Yuan or by referendum.
While the National Assembly is in some ways similar to the American electoral college, in other ways it duplicates the powers of a parliament, particularly in voting on constitutional amendments and altering national boundaries. An interpretation made by the Council of Grand Justices in 1957 states that the National Assembly, together with the Legislative and Control Yuan, is equivalent to the parliament or congress of Western democracies.
Delegates to the National Assembly are elected once every six years and their tenure terminates on the day the newly elected assembly convenes.
Regular sessions are held 90 days prior to the expiration of each presidential term, extraordinary sessions may be called when necessary.
The National Assembly meets with a quorum of not less than one-third of the delegates.
The First National Assembly had 2,961 delegates. The first session met in Nanking on November 15, 1947, and the second and the third sessions were held in Taipei on February 19, 1954, and February 20, 1960. There are at present 1,521 delegates in Taiwan and overseas.
Chief of State
The election of the President and the Vice President constitutes one of the National Assembly's primary functions. The President and the Vice President are chosen in separate ballots for a term of six years and may be reelected for a second term. According to a constitutional amendment effective during the period of Communist rebellion, the President and the Vice President may be re-elected without regard to the two-term restriction.
As head of the state, the President represents the country in foreign relations and at all state functions. All acts of state are conducted in his name, including: commanding the land, sea, and air forces; promulgating laws; issuing mandates with the countersignature of the president of the Executive Yuan and/or of the ministers or commission chairmen concerned; concluding treaties, declaring war and making peace; declaring martial law with the approval of, and subject to, confirmation by the Legislative Yuan; granting amnesties; appointing and removing civil service officials and military officers; and conferring honors and decorations.
In addition to the aforementioned powers, which are similar to those exercised by the heads of state in countries where the cabinet system of government prevails, the President under the Chinese Constitution also has the following powers: convening of the National Assembly, resolving disputes among various Yuan, nominating ranking officials with the consent of other branches of the government, and issuing emergency orders.
Five-Power System
The position of the Vice President is somewhat similar to the corresponding post under the American Constitution. The Vice President is elected under the same rule and has the same term of office as the President. He succeeds to the presidency in the event of the President's office becoming vacant, serves until the expiration of the original presidential term, and exercises the functions of the presidency in case the President should, owing to any cause, become incapacitated.
Another unique feature of the Chinese government system is the separation of five government powers. According to the 1946 Constitution, the five government powers are given to five separate government branches, namely the Executive, the Legislative, the Judicial, the Examination, and the Control Yuan. This five-power theory was a creation of Dr. Sun. He combined the three powers—legislative, executive and judicial—exercised in Western democracies and the three powers—powers of the emperor (in old China, the three government powers of legislative, executive, and judicial were vested in the emperor), of examination and of censorship—into five powers in order to establish a more effective government.
The Executive Yuan is the highest administrative organ of the nation. It consists of a president, a vice president, a number of ministers and chairmen of commissions, and a number of ministers without portfolio.
The president of the Executive Yuan, or the premier, is nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic. The vice president of the Executive Yuan, or the vice premier, ministers and chairmen of commissions, and ministers without portfolio are appointed by the President upon the recommendation of the premier.
The Executive Yuan is responsible to the Legislative Yuan in that it must keep the latter informed of its policies and administration. The latter has the rights of interpellation, of refusal to concur, or of altering by resolution any important policy. The Executive Yuan may, however, with the approval of the President of the Republic, request the Legislative Yuan to reconsider a resolution deemed ill-advised. If a resolution on a statutory, budgetary or treaty bill passed by the Legislative Yuan is deemed difficult to execute, the Executive Yuan may, with the approval of the President, request the Legislative Yuan to reconsider. In the last two cases, the premier must either resign or abide by a resolution of the Legislative Yuan if the decision has been reaffirmed over his objection by a two-thirds majority.
Eight Ministries
The premier takes responsibility for the administration of the Executive Yuan. He has charge of the affairs of the entire Yuan and supervises all its subordinate organs. In addition, he has the following duties: (1) to perform the duties of the President of the Republic in case both the presidency and the vice presidency fall vacant; this caretaker duty is limited to a period of three months; (2) to countersign the laws and decrees proclaimed by the President; (3) to attend meetings called by the President to solve disputes of two or more Yuan; and (4) to organize a committee with the presidents of the Legislative, the Judicial, the Examination and the Control Yuan in a joint effort to solve problems relative to provincial self-administration.
The Executive Yuan Council is a policy-making organ of the Executive Yuan. It is composed of the premier, the vice premier, heads of ministries and commissions, and ministers without portfolio, with the premier as chairman. The council meets once a week. An extraordinary meeting may be convened when necessary. If the premier, or the heads of ministries and commissions concerned disagree on a resolution, the premier will make the final decision.
The Executive Yuan has eight ministries (interior, foreign affairs, national defense, finance, education, justice, economic affairs, and communications); two commissions (Mongolian and Tibetan Affairs and Overseas Chinese Affairs); one accounting organization (the Directorate General of Budgets, Accounts and Statistics); one information organization (the Government Information Office) ; and several other subordinate organs, including the Council for International Economic Cooperation and Development, the Vocational Assistance Commission for Retired Servicemen, and the Foreign Exchange and Trade Commission.
Legislative Powers
The Legislative Yuan is the highest legislative organ of the state. It exercises the legislative power on behalf of the people.
Members of the Legislative Yuan are elected on geographic and occupational bases. A member serves three years and is eligible for re-election. No member of the Legislative Yuan may concurrently hold another government post. If a member fails to attend meetings throughout the duration of a session without valid reason, he is regarded as having resigned. A member may be recalled after he has been in office six months or more by vote of a majority of his electors.
The Legislative Yuan has the power (1) to decide upon budgetary bills; (2) to approve all bills concerning the declaration of war, conclusion of peace and treaties; (3) to pass all bills concerning the enforcement of martial law or general amnesty; (4) to ask the Executive Yuan to alter any major policy; (5) to exercise the power of consent; (6) to exercise the right to question; and (7) to initiate constitutional amendments.
The Legislative Yuan has a president or speaker and a vice president or deputy speaker, both being elected from among the members.
The Yuan meets twice a year. The first session lasts from February to May and the second from September to December. The meetings may be extended, if necessary.
A quorum is not less than one-fifth of the entire membership. An amendment to the Constitution, however, can be drawn up and submitted to the National Assembly only upon proposal by not less than one-fourth of the members of the Yuan, and approved by a resolution of not less than three-fourths of the members present at a meeting having a quorum of three-fourths of the members.
An extraordinary meeting may be held upon request of the President of the Republic, or upon proposal of not less than one-fourth of the members.
Unless otherwise stipulated in the Constitution, bills are passed by a majority vote. In case of a tie, the chairman casts the deciding vote.
Women Members
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 after receiving it, but the Executive Yuan may, during this period, with the approval of the President, request the Legislative Yuan to reconsider.
The Legislative Yuan has 12 committees: home affairs, foreign affairs, national defense, economic affairs, finance, budget, education, communications, border affairs, overseas Chinese affairs, organic laws, and judicial affairs.
The first election of the members of the Legislative Yuan was held in 1948. A total of 760 legislators was elected, about one-tenth of them women. As a result of the impracticability of holding a new election because of the present state of affairs on the mainland, the Council of Grand Justices has ruled that the present members of both the Legislative and the Control Yuan shall continue to function until new members are properly elected. The first session of the Legislative Yuan met in Nanking on May 18, 1948. Since then a total of 32 sessions has been held. The total number of legislators at present is 493.
The Judicial Yuan is the highest organ of justice. It has a president, a vice president and a number of grand justices, all nominated and appointed by the President of the Republic with the consent of the Control Yuan. The Judicial Yuan has four major organs: (1) the Supreme Court for the adjudication of civil and criminal cases, (2) the Administrative Court for the adjudication of administrative suits, (3) the Committee on the Discipline of Public Functionaries for disciplinary actions, and (4) the Council of Grand Justices for the interpretation of the Constitution and the unified interpretation of laws and ordinances.
Conflict Clause
As the highest judicial organ of the state, it is concerned only with final judicial decisions. The administration of the lower courts and procuracies is in the hands of the Executive Yuan. The Ministry of Justice exercises this specific administrative power.
The power to interpret the Constitution is exercised by the Council of Grand Justices. In interpreting the Constitution, a quorum of the council shall be not less than three-fourths of the total number of grand justices and decisions must be approved by not less than three-fourths of the grand justices present.
All organic laws of the provincial self-government system must be submitted to the Judicial Yuan for examination to determine their constitutionality. If any provision of the provincial self-government laws is found to be in conflict with the Constitution, the Judicial Yuan shall declare such provision null and void.
The Yuan also has the authority to handle suits arising from elections.
The Chinese system of examination is one of great antiquity. It first was formally adopted as a means for selecting officials during the reign of Emperor Shun of the Han dynasty in the second century. The system was perfected through the ages. Dr. Sun believed it to be the oldest and best of its kind in the world and suggested that an Examination Yuan be set up in the Chinese government.
The Examination Yuan puts special emphasis on competitive examinations as the sole method of recruitment of government personnel. It may also be called the personnel branch of the government.
Examination Plan
The Council of the Examination Yuan, the highest policymaking organ of examination, is composed of the president, the vice president of the Yuan, and a number of commissioners. They are appointed by the President of the Republic, with the consent of the Control Yuan, for a term of six years.
An Ad Hoc Examination Board, established before a national examination, is composed of a chairman and a number of members. It makes arrangements for such matters as time, schedule, topics, grading, and public notification of results. Its duties end when an examination is completed.
Under the Yuan, there are the Ministry of Examination and the Ministry of Personnel. The former attends to matters pertaining to the recruitment of public functionaries, professional practitioners, and technical personnel by competitive examinations. The latter is in charge of the registration of public functionaries, checking their service records, determining their qualifications, and handling all matters relative to placement, transfer, demotion, discharge, service security, awards, commendation, pensions, and retirement.
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 early days, a group of officials with the title of Yu Shih were in charge of this function in addition to their other duties. The system was handed down and developed through the years. In the Ming (1368-1644) and Ching (1644-1911) dynasties, the power of Yu Shih included: recommendations on political affairs, impeachment, investigation of executive action, investigation of officials, participation at trials of serious or state crimes, defense and acquittal of the innocent, inspection of accounts, sealing and filing dissenting opinions on the edicts of the emperor or of the state, destruction of documents and supervision of ceremonies. In advocating the five-power Constitution, Dr. Sun urged the establishment of the Control Yuan as a separate branch of government.
The Control Yuan is the highest control organ of the state. It exercises the power of control on behalf of the people.
Members of the Control Yuan are elected on a geographical basis. A member serves six years and is eligible for re-election. No member of the Control Yuan may concurrently hold another government post.
Duties of Control
The Control Yuan may exercise powers of impeachment and censure against public functionaries of the central and local governments, and propose corrective measures for executive action. It exercises the power of consent regarding the appointments of the president, the vice president, and grand justices of the Judicial Yuan, and the president, the vice president, and members of the Examination Yuan.
Impeachment of the President or the Vice President of the Republic may be instituted only upon the proposal of not less than one-fourth of the members and the endorsement, after due consideration, of a majority of the members of the Control Yuan before the case is presented to the National Assembly.
The Control Yuan exercises the power of audit through the Ministry of Audit, composed of the auditor general appointed by the President of the Republic with the consent of the Legislative Yuan, and a number of auditors.
The Yuan has a president and a vice president elected from among the members. The president is responsible for calling the regular monthly meetings. When he deems it necessary or at the proposal of the members, an extraordinary meeting may be called.
Twelve Committees
A quorum is formed by not less than one-fifth of the members present. Unless otherwise stipulated in the Constitution, resolutions are adopted by majority vote.
The Yuan has 12 committees: home affairs, foreign affairs, national defense, economic affairs, finance, budget, education, judiciary, communications, border affairs, law and regulations, and overseas Chinese affairs.
The first election of members of the Control Yuan took place in 1948. A total of 180 members was elected. The first session met in Nanking on June 5, 1947. The total number of members at present is 84.
A third unique feature of the Chinese government system is the division of authority between the central and local governments.
This principle, first advocated by Dr. Sun, is prescribed in the 1946 Constitution. China is not a federal state, yet the authority of local government is clearly separated from that of central government. According to the Constitution, government in China falls into three levels: central, provincial, and county. Each has well defined powers.
The line of demarcation is drawn according to the nature of business. The Constitution stipulates that any matter shall fall within the jurisdiction of the central government if it is national in nature; of the province, if it is provincial in nature; and of the county, if it pertains to the county.
This point is clearly set forth by Dr. Sun in his article "Foundation for Rebuilding the Chinese Republic": "Power, however, should not be distributed with the central or the local government as its objective. It should be distributed according to its nature. Power that should belong to the central government should be vested in the central government, as in the case of military affairs and foreign affairs, which must be dealt with under one consistent, unified policy. On the other hand, power that should belong to a region should be vested in the local government, as in the case of education and public health, as they may vary under different local conditions and circumstances.
"The matter needs further analysis, of course. Though national defense and garrison are under the same category of military affairs, the former should be directed by the central government, while garrison troops which are not the direct concern of the central authorities should be controlled by the local government.
"In other cases, however, the central government should exercise its authority and impose regulations. For instance, the school system and free education should be regulated on a national scale. In this way, the central government must also be concerned in educational problems.
"So one single undertaking may be dealt with in one way by the central government and in another way by local governments."
In case of dispute over the demarcation of authority, the Legislative Yuan has the decisive voice.
Based on this principle, the government of the Republic of China has successfully carried out a local self-government program in Taiwan. Mayors of the five cities and magistrates of the 16 counties and members of the city and county councils and of the provincial assembly are all elected by popular vote.
Such is the Chinese system of government. It has brought political stability, economic prosperity, and cultural progress to the free Chinese on Taiwan. When the time comes, it will provide the driving force for return to the mainland and creation there of a new China of the people, by the people and for the people.