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128-689: The Military Affairs Commission ( MAC ) of the National Government , chaired by Generalissimo Chiang Kai-shek during the Second Sino-Japanese War and World War II , directed the command of the National Revolutionary Army of the Republic of China . It was reorganized beginning on January 17, 1938, in the following way: Nationalist government The Nationalist government , officially

256-695: A coalition government. The two parties agreed to open multiparty talks on post-World War II political reforms via a Political Consultative Conference . This was included in the Double Tenth Agreement . This agreement was implemented by the Nationalist Government, who organized the first Political Consultative Assembly from 10 to 31 January 1946. Representatives of the Kuomintang, CCP, Chinese Youth Party , and China Democratic League , as well as independent delegates, attended

384-412: A county council and magistrate with each member and magistrate shall be elected by the people within the county. In Article 127 a magistrate are heads of the local county self-government and shall administer matters delegated to the county by the central or provincial government. However, despite the major loss of its territory, even after democratization, the provinces began to be streamlined in 1998 with

512-562: A dual-party state apparatus under the ideology of Dang Guo , effectively making it a one-party state ; however, existing parties continued to operate and new ones formed. After the end of the Second World War, and particularly after the passage of the constitution in 1946, the National Government was reconstituted to include multiple parties, in preparation for a full democratic government to come. In February 1928,

640-600: A lasting legacy on Taiwan's constitutionalism: they inspired constitutional indigenization with their disparate frameworks, serving as a foundation for Taiwan's eventual constitutional identity. Even today, remnants of Japanese colonialism exist within Taiwan's political systems. Up until 2005, Taiwan retained its single non-transferable voting (SNTV) system , a testament to the Meiji Constitution. Originating in Japan,

768-804: A major factor in the government's failure. The communist land redistribution movement was an important factor in the Nationalists' defeat, particularly because it linked the interests of peasants in the north and northeast to the Communists' success. In 1949, the People's Liberation captured Beijing and later Nanjing as well. The People's Republic of China was proclaimed in Beijing on 1 October 1949. The Republic of China central government relocated to Taipei on 7 December 1949, to Taiwan where Japan had laid an educational groundwork . Almost all of

896-558: A massive decline in Chinese agricultural prices (which were cheaper) and thus the income of rural farmers. In 1932, agricultural prices were 41 percent of 1921 levels. Rural incomes had fallen to 57 percent of 1931 levels by 1934 in some areas. Under this peculiar context for rural China, the Chinese Rural Reconstruction Movement was implemented by some social activists who graduated as professors of

1024-409: A month. The war was estimated to have killed between 20 and 25 million Chinese and destroyed all that Chiang had built up in the preceding decade. Development of industries was severely hampered after the war by devastating conflict as well as the inflow of cheap American goods. By 1946, Chinese industries operated at 20 percent capacity and had 25 percent of the output of pre-war China. One effect of

1152-653: A policy of transitioning towards constitutionalism. However, the first constitutional document was only published in 1908, and the first constitutional document with legal force (the "Nineteen Covenants") was not implemented until 1911, after the eruption of the 1911 Revolution , which led to the end of the Qing dynasty the next year. As a result of the First Sino-Japanese War , the Treaty of Shimonoseki granted Japan full sovereignty of Taiwan. Chinese cession of

1280-750: A provincial council and governor with its members of the provincial council directly elected by the people of the province. Article 118 describes the self-government of municipalities under the direct jurisdiction of the Executive Yuan. Articles 119 and 120 preserved the autonomy of Inner Mongolia (includes Leagues and Banners ) and Kashag -led Tibet. Counties (also spelled as hsien) consists of second-level divisions under provinces with 2,035 counties, 56 province-controlled cities, 34 bureaus and 7 management bureaus with special municipalities and leagues consisting of districts and 127 banners. Articles 124 and 126 describes each county-level governments require

1408-480: A provisional constitution that established the one-party rule of the KMT and promised eventual democratization. In practice, this meant that Chiang Kai-Shek was able to continue authoritarian rule. Even had it been the KMT's intention, historians such as Edmund Fung argue that they may not have been able to establish a democracy under the circumstances of the time.( Fung 2000 , p. 30) Despite nominal reunification,

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1536-586: A statement that was widely seen as being directed at Chen's constitutional proposals. In response, the Pan-Blue Coalition attempted to argue that a new constitution and constitutional referendums were unnecessary and that the inefficiencies in the ROC Constitution could be approved through the normal legislative process. In his May 20, 2004, inaugural address, Chen called for a "Constitutional Reform Committee" to be formed by "members of

1664-724: A written constitution , became influential towards the end of the 19th century, inspired immediately in large parts by the precedent of the Meiji Constitution in Japan . The first attempt towards constitutionalism in China was during the Hundred Days' Reform that took place in 1898 by the young Guangxu Emperor and his reform-minded supporters, but a coup by conservative monarchists loyal to Empress Dowager Cixi ended this effort. The same faction, however, eventually adopted

1792-719: Is disputed and is another aspect of the disputed political status of Taiwan . After World War II, the civil war between the ruling Kuomintang and the Chinese Communist Party (CCP) resumed, despite attempts at mediation by the United States. The Nationalist Government began drafting the Constitution of the Republic of China under a National Assembly, but was boycotted by the CCP. With the promulgation of

1920-534: Is now known as the February 28 Incident . Mainstream estimates of casualties range from 18,000 to 30,000, mainly Taiwanese elites. The 28 February Incident has had far-reaching effects on subsequent Taiwanese history . From 1945 to 1947, under United States mediation, especially through the Marshall Mission , the Nationalists and Communists agreed to start a series of peace talks aiming at establishing

2048-758: Is the executive branch of the ROC government and is the "highest administrative organ of the State." The President of the Executive Yuan is the Premier , who is appointed by the President of the Republic of China, and no longer requires consent from the Legislative Yuan . The Premier may be removed by a vote of no-confidence by a majority of the Legislative Yuan, after which the President may either remove

2176-661: The Academia Sinica and the Central Bank of China . In 1932, China for the first time sent teams to the Olympic Games . The Nationalists faced a new challenge with the Japanese invasion of Manchuria in 1931, with hostilities continuing through the Second Sino-Japanese War , part of World War II , from 1937 to 1945. The government of the Republic of China retreated from Nanjing to Chongqing . In 1945, after

2304-754: The Chinese Civil War (1927–49), with central authority strongest during the Nanjing Decade (1927–37), when most of China came under the control of the Kuomintang (KMT) under an authoritarian one-party state . At the end of World War II in 1945, the Empire of Japan surrendered control of Taiwan and its island groups to the Allies , and Taiwan was placed under the Republic of China's administrative control. The legitimacy of this transfer

2432-639: The Chinese Civil War between the Nationalist Party and the CCP. Chiang Kai-shek pushed the CCP into the interior as he sought to destroy them, and moved the Nationalist Government to Nanjing in 1927. Leftists within the KMT still allied to the CCP, led by Wang Jingwei , had established a rival Nationalist Government in Wuhan two months earlier, but soon joined Chiang in Nanjing in August 1927. By

2560-673: The Chinese Nationalist Party during the Xinhai Revolution was to create unity between the five traditional ethnic groups in China ( Han , Manchus , Mongols , Hui (Muslims), and Tibetans ) in order to stand up to European and Japanese imperialism as one, strong nation. The constitution has articles to protect the equality of different races and the political rights of racial groups in frontier regions. However, since some provinces similar to China proper have been created on Manchuria and Xinjiang . Only

2688-629: The Democratic Progressive Party (DPP) joined the Kuomintang (KMT) in amending the constitution, the document was considered illegitimate by pro-independence advocates because it was not drafted in Taiwan; moreover, they deemed Taiwan to be sovereign Japanese territory until ceded in the San Francisco Peace Treaty effective 28 April 1952. Pro-independence advocates have argued that the Constitution

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2816-807: The Executive Yuan (行政院), the Legislative Yuan (立法院), the Judicial Yuan (司法院), the Examination Yuan (考試院), and the Control Yuan (監察院). The separation of five powers is predicated on revolutionary Sun Yat-sen's political theory. In 1906, Sun Yat-sen proposed the five-power system for China, adding the Examination Yuan and the Control Yuan to improve governmental efficiency and preclude corruption. Under this system,

2944-539: The Governor-General of Taiwan , an appointed military leader. The 1920s saw the rise of indigenous political movements as Taiwanese activists sought local autonomy and greater political freedoms. From 1921 to 1934, political activists attempted to petition the Imperial Japanese government to establish Taiwanese parliamentary assembly, which was met with little success. Conversely, the formation of

3072-445: The Kuomintang to rule unchallenged in Taiwan until the 1990s. In the 1970s, supplemental elections began to be held for the Legislative Yuan . Although these were for a limited number of seats, they did allow for the transition to a more open political system. In 1991, these members were ordered to resign by a subsequent Judicial Yuan ruling. In the late 1980s, the Constitution faced the growing democratisation on Taiwan combined with

3200-503: The National Government of the Republic of China , refers to the government of the Republic of China from 1 July 1925 to 20 May 1948, led by the nationalist Kuomintang (KMT) party. Following the outbreak of the Xinhai Revolution , revolutionary leader Sun Yat-sen was elected to be China's provisional president and founded the Provisional Government of the Republic of China . To preserve national unity, Sun ceded

3328-403: The National Revolutionary Army . Chiang Kai-shek was appointed as the first Chairman of the National Government , a position he would retain until 1931. The Organic Law also stipulated that the Kuomintang, through its National Congress and Central Executive Committee, would exercise sovereign power during the period of political tutelage, and the KMT's Political Council would guide and superintend

3456-473: The Northern Expedition governed the country as a one-party state under the Kuomintang, and was subsequently given international recognition as the legitimate representative of China. The Nationalist government would then experience many challenges such as the Second Sino-Japanese War , and the Chinese Civil War . The government was in place until it was replaced by the current Government of

3584-651: The Political Tutelage of the Kuomintang. However, periodic famines continued: in Northern China from 1928 to 1930, in Sichuan from 1936 to 1937, and in Henan from 1942 to 1943. In total, these famines cost at least 11.7 million lives. GDP growth averaged 3.9 per cent a year from 1929 to 1941 and per capita GDP about 1.8 per cent. Among other institutions, the Nationalist Government founded

3712-600: The Republic of China was established in Guangzhou . The following year, as Generalissimo of the National Revolutionary Army, Chiang Kai-shek became the de facto leader of the Kuomintang (KMT), or Chinese Nationalist Party. He especially headed the right-wing of the Nationalist Party, while the Communists formed part of the Party's left-wing. Chiang led the Northern Expedition through China with

3840-602: The Second Sino-Japanese War against the Imperial Japanese Army , and in the Chinese Civil War against the People's Liberation Army . During the Second Sino-Japanese War, the armed forces of the CCP were nominally incorporated into the National Revolutionary Army (while retaining separate commands), but broke away to form the People's Liberation Army shortly after the end of the war. With

3968-571: The presidential system with a parliamentary system . Furthermore, the current Constitution explicitly states before the amendments implemented on Taiwan, "To meet the requisites of the nation prior to national unification...", in direct opposition to the pan-green position that Taiwan must remain separated from China. In response, the pan-blue coalition dropped its opposition to non-constitutional referendums and offered to consider through going constitutional reforms. The proposal to implement an entirely new constitution met with strong opposition from

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4096-408: The " retrocession " of Taiwan to the Republic of China and established a provincial government on the island. The military administration of the ROC extended over Taiwan, which led to widespread unrest and increasing tensions between local Taiwanese and mainlanders. The shooting of a civilian on 28 February 1947 triggered an island-wide unrest, which was brutally suppressed with military force in what

4224-406: The 1990s and early 2000s, the Constitution's origins in mainland China led to supporters of Taiwan independence to push for a new Taiwanese constitution. However, attempts by the Democratic Progressive Party administration to create a new Constitution during the second term of DPP President Chen Shui-bian failed, because the then opposition Kuomintang controlled the Legislative Yuan . It

4352-531: The Article 4 of 1952 Treaty of Taipei nullifies the Treaty of Shimonoseki and the original transfer of sovereignty of Taiwan from China to Japan. Since control of Taiwan occurred in 1945 before the promulgation of the 1947 constitution, the ROC government is of the view that a resolution by the National Assembly was unnecessary. While both symbolic and legal arguments have been used to discredit

4480-558: The Chiang's Nationalist Government relied heavily on the support of warlords such as Ma Hushan , Yan Xishan , and Chang Hsueh-liang to exert control on the provinces. The loyalty of these figures was often highly suspect, and they frequently engaged in acts of open defiance, as in the Xi'an Incident of 1936, or even rebellion . In alliance with local landlords and other power-brokers, they blocked moderate land reforms that might have benefits

4608-524: The Examination Yuan administers the selection of bureaucratic candidates whereas the Control Yuan monitors governmental integrity. Chapters 5-9 of the Constitution stipulates the authorities of the five Yuan. Should constitutional disputes arise between the Yuan, Article 44 authorizes the President to intervene with mediation sessions. This power, however, can be checked by the Yuan, who retain the ability to reject presidential calls for mediation. The ideology of

4736-512: The Executive Yuan to alter such a policy." Then, the Executive Yuan must respond to this resolution and can request alterations to the bill. The Executive Yuan may also request the Legislative Yuan reconsider its resolution after gaining approval from the President of the Republic. If two-thirds of the Legislative Yuan uphold the original resolution after reconsideration, the Premier shall abide

4864-907: The Fourth Plenary Session of the 2nd Kuomintang National Congress held in Nanjing passed the Reorganization of the National Government Act. This act stipulated the national government was to be directed and regulated under the Central Executive Committee of the Kuomintang, with the Committee of the National Government being elected by KMT Central Committee. Under the national government was seven ministries – Interior, Foreign Affairs, Finance, Transport, Justice, Agriculture and Mines, and Commerce. There were also additional institutions such as

4992-609: The Independence of Outer Mongolia , and the second example would be the reclamation of Taiwan . Both would be examples of territory changes". No such formal annexation of Taiwan islands by the ROC National Assembly conforming with the ROC constitution ever occurred since 1946, even though Article 9 of the Additional Articles of the Constitution of the Republic of China says, "The modifications of

5120-703: The KMT and the CCP jointly held a convention at which both parties presented views. Amidst heated debate, many of the demands from the Communist Party were met, including the popular election of the Legislative Yuan. Together, these drafts are called the Constitutional Draft of the Political Convention ( 政協憲草 ). Professor John Ching Hsiung Wu , Vice-chairman of the Constitution Drafting Commission,

5248-519: The KMT itself was disunified, with the pro-Chiang factions of the CC Clique , Political Study Clique, and fascist-inspired Blue Shirts Society opposed by a left-wing faction under Wang Jingwei and a right-wing faction influenced by Hu Hanmin . To control the opposing KMT factions, Chiang relied increasingly on the National Revolutionary Army . Economic growth and social improvements were mixed. The Kuomintang supported women's rights and education,

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5376-454: The KMT was already fully embroiled in a civil war with the Chinese Communist Party by the time of its promulgation. On 10 January 1947, Governor Chen Yi announced that the new ROC Constitution would not apply to Taiwan after it went into effect in mainland China on 25 December 1947, as Taiwan was still under military occupation and also that Taiwanese were politically naive and were not capable of self-governing. Later that year, Chen Yi

5504-401: The KMT. Chiang decided to strike first and purged the Communists , killing thousands of them. At the same time, other violent conflicts took place in the south of China where peasant associations supported by the CCP were attacking landlords and local gentry, who formed a base of political support for the KMT right-wing and recruitment for Nationalist soldiers. These events eventually led to

5632-418: The Kuomintang reunified the country in 1928, China entered a period of relative prosperity despite civil war and Japanese aggression. In 1937, the Japanese invaded and laid China to waste in eight years of war. The era also saw additional boycott of Japanese products . Chinese industries continued to develop in the 1930s with the advent of the Nanjing decade in the 1930s when Chiang Kai-shek unified most of

5760-423: The Legislative Yuan then presides over Yuan sittings, periodic meetings of the Yuan. According to Chapter IV, the Executive Yuan is accountable to the Legislative Yuan. Article 63 empowers the Legislative Yuan to approve statutory or budgetary bills or bills sent by the Executive Yuan. Under Article 57, should the Legislative Yuan not concur with major policies of the Executive Yuan, "it may, by resolution, request

5888-473: The Legislative Yuan, the National Assembly abolished itself in 2005. The President of the Republic of China ( Chinese : 總統; pinyin : Zǒngtǒng ) is the head of state and the Commander-in-Chief of the Republic of China Armed Forces . Until 1996, the President and Vice President were elected by the National Assembly. After several rounds of constitutional revisions in the 1990s , the President became elected through universal free elections in 1996 . Both

6016-403: The Legislative Yuan. The Cabinet conducts decision-making through a single majority vote, which may be vetoed by the Premier. Additionally, the Cabinet presides over "matters that are of common concern to the various Ministries and Commissions." The Legislative Yuan ( Chinese : 立法院; pinyin : Lìfǎyuàn ) is the unicameral legislature of the ROC government and is the "highest legislative organ of

6144-405: The Meiji Constitution. These legal debates culminated in granting Taiwan special legal status—Taiwan nominally became governed by constitutional rule. However, constitutional rights were continuously violated by the Japanese military and state police. Representative institutions were not constitutionally installed. Likewise, Emperor Meiji granted the majority of executive and legislative powers to

6272-402: The National Assembly ratified the Temporary Provisions against the Communist Rebellion , which superseded the Constitution by granting the President enhanced administrative and executive capabilities. Under the Temporary Provisions, the President was no longer obligated to gain the Legislative Yuan's approval when declaring martial law as stipulated in Article 39. Additionally, the President and

6400-402: The National Government in the execution of important national affairs and that the council has the power to interpret or amend the organic law. Authority within the Nationalist government ultimately lay with Chiang Kai-shek. All major policy changes on military, diplomatic, or economic issues required his approval. According to historian Odd Arne Westad , "no other leader within the GMD had

6528-407: The People ), which is only appropriate for Communist states ; in addition, they argue that a more "efficient" government is needed to cope with changing realities. Some proponents support replacing the five-branch structure outlined by the Three Principles of the People with a three-branch government. Others cite the current deadlock between the executive and legislative branches and support replacing

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6656-457: The People's Republic of China and great unease from the United States , both of which feared the proposal to rewrite the constitution to be a veiled effort to achieve Taiwan independence, as it would sever a historic link to mainland China , and to circumvent Chen's original Four Noes and One Without pledge. In December 2003, the United States announced its opposition to any referendum that would tend to move Taiwan toward formal "independence",

6784-433: The Premier or dissolve the Legislative Yuan and initiate a new election for legislators. Given the semi-presidential mode of constitutional governance , the Premier is the head of government while the President of the Republic is the head of state. Although the Premier is held accountable to the Legislative Yuan—a common feature of parliamentary systems—the presidential expansion of power has altered checks and balances between

6912-501: The President and Vice President serve terms of four years and may be re-elected for an additional term. Originally, the ROC constitution drafted the president as a ceremonial figurehead presiding over a parliamentary republic : the President could grant amnesty and pardons (Article 40), confer honors and decorations (Article 42), issue emergency decrees (Article 43), and issue arbitration during disputes between multiple Yuan (Article 44). Other articles enumerated pertinent powers, permitting

7040-424: The President and the Vice President. Along with the Legislative Yuan and Control Yuan, the National Assembly featured parliamentary functions, sparking confusion around which institution served as the nation's parliament. The Legislative Yuan, National Assembly, and Control Yuan were all citizen-elected bodies; similarly, the National Assembly and Control Yuan exercised constitutional powers similar to powers granted to

7168-410: The President in times of imminent attack. In 2003, President Chen Shui-bian proposed holding a referendum in 2006 for implementing an entirely new constitution on 20 May 2008, to coincide with the inauguration of the 12th-term president of the ROC. Proponents of such a move, namely the Pan-Green Coalition , argue that the current Constitution endorses a specific ideology (i.e., the Three Principles of

7296-424: The President to declare war and make peace (Article 38), declare martial law with the approval of the Legislative Yuan (Article 39), and appoint or remove military officials (Article 41). However, a combination of the Chinese civil war and President Chiang Kai-shek's strong authoritarian impulses led to a dramatic expansion of presidential powers, shifting the ROC to a semi-presidential constitutional regime . In 1948,

7424-418: The President upon the recommendation of the Premier. The Cabinet serves as the primary policy-making body of the executive branch, convening over administrative matters in weekly Cabinet meetings. Article 58 authorizes the Cabinet to assess statutory or budgetary bills concerning martial law or amnesty, declaration of war, conclusion of peace or treaties, and other affairs; the Cabinet subsequently submit bills to

7552-442: The Republic of China Intended for the entire territory of the Republic of China as it was then constituted, it was never extensively nor effectively implemented due to the outbreak of the Chinese Civil War in mainland China at the time of the constitution's promulgation. The newly elected National Assembly soon ratified the Temporary Provisions against the Communist Rebellion on May 10, 1948. The Temporary Provisions symbolises

7680-550: The Republic of China in the newly promulgated Constitution of the Republic of China of 1948. The oldest surviving republic in East Asia , the Republic of China was formally established on 1   January 1912 in mainland China following the Xinhai Revolution , which itself began with the Wuchang Uprising on 10   October 1911, replacing the Qing dynasty and ending nearly three thousand years of imperial rule in China. Central authority waxed and waned in response to warlordism (1915–28), Japanese invasion (1937–45), and

7808-407: The SNTV system grants voters one vote in multi-member districts. Unlike single transferable voting (STV), votes are non-transferable. Thus, surplus votes from one candidate cannot be transferred to other candidates. This electoral system lasted in Japan until 1994, yet persists in a limited form in Taiwan. The Provisional Constitution of the Republic of China was drawn up in March 1912 and formed

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7936-411: The State." The Legislative Yuan is composed of 113 legislators, who are directly elected by voters through a parallel voting system for 4-year terms. Like parliaments in other countries, the Legislative Yuan passes legislation, which is later sent to the President for signing. The Legislative Yuan is led by a President and Vice President , who are elected by all members of the Yuan. The President of

8064-423: The Supreme Court, Control Yuan, and the General Academy. With the promulgation of the Organic Law of the National Government in October 1928, the government was reorganized into five different branches or Yuan, namely the Executive Yuan , Legislative Yuan , Judicial Yuan , Examination Yuan as well as the Control Yuan . The Chairman of the National Government was to be the head-of-state and commander-in-chief of

8192-406: The Taiwan Local Autonomy Alliance ( 臺灣地方自治聯盟 ) in 1930 eventually contributed the limited city and township council elections in 1935. Caving to these political movements, the Japanese colonial government established councils to integrate public opinion with the state. Half of the council members were to be directly elected by voters while the remaining half of council members were to be appointed by

8320-406: The Taiwan area and instead used the geographically neutral term " Free Area of the Republic of China " to refer to all areas under ROC control. All post-1991 amendments have been maintained as a separate part of the Constitution, consolidated into a single text of twelve articles. A number of criticisms have been leveled at the constitution by supporters of Taiwan independence . Until the 1990s when

8448-513: The Taiwanese Prefecture would facilitate the island's introduction to constitutional regimes: Japan had promulgated the Meiji Constitution six years prior. Thereafter, Japanese colonization stoked fierce debates surrounding the applicability of the Meiji Constitution towards colonial governments. Although the Meiji oligarchy declared that their constitution would not be applied to colonial possessions, Taiwanese people asserted that their naturalization as Japanese citizens guaranteed rights enumerated in

8576-403: The United States with tangible but limited progress in modernizing the tax, infrastructural, economical, cultural, and educational equipment and mechanisms of rural regions. The social activists actively coordinated with the local governments in towns and villages since the early 1930s. However, this policy was subsequently neglected and canceled by the Nationalist government due to rampant wars and

8704-470: The Vice President could disregard the two-term limit for re-election as described in Article 47. As a result, Chiang Kai-shek served five six-year terms (twenty-seven years) as president before his death in 1975. The Temporary Provisions would persist in Taiwan for forty-three years until it was repealed in 1991. Nonetheless, the role of the President remains constitutionally ambiguous even today. The Executive Yuan ( Chinese : 行政院; pinyin : Xíngzhèngyuàn )

8832-449: The abolition of polygamy, and foot binding. The government of the Republic of China under Chiang's leadership also enacted a women's quota in the parliament with reserved seats for women. During the Nanjing Decade , the spread of education increased the literacy rate across China and promoted the ideals of Sun Yat-sen's Three Principles of the People of democracy, republicanism, science, constitutionalism, and Chinese Nationalism based on

8960-423: The administration itself. As Chiang Kai-Shek told the state council: "Our organization becomes worse and worse ... many staff members just sit at their desks and gaze into space, others read newspapers and still others sleep." Corruption was endemic at all levels of government. The tension between Chiang's centralizing tendencies and the warlords who supported him led to friction and inconsistent direction. Even

9088-408: The application of the Constitution in Taiwan, the document gained more legitimacy among independence supporters throughout the late 1980s and early 1990s due to democratization and it is now accepted as the basic law of the ROC by all major parties, and considered the Constitution representing the sovereignty of Taiwan. However, there are proposals, particularly by supporters of Taiwan independence and

9216-554: The authority to force through even the simplest decisions. The practical power of high-ranking officials like ministers or the head of the Executive Yuan was more closely tied to their relationship with Chiang than with the formal authority of their position. Chiang created multiple layers of power in his administration which he sometimes played off each other to prevent individuals or cliques from gathering power that could oppose his authority. The Nationalist government exercised relatively little control in China's border regions, where

9344-407: The basic government document of the Republic of China until 1928. It provided a Western-style parliamentary system headed by a weak president. However, the system was quickly usurped when Song Jiaoren was assassinated by the orders of President Yuan Shikai . Song was the leader of the KMT who was to become prime minister following the party's victory in the 1912 elections . Yuan regularly flouted

9472-407: The branches of government; functionally, the Premier has become subordinate to the President. The Executive Yuan Council , referred to as "The Cabinet" ( Chinese : 內閣; pinyin : Nèigé), is composed of a Premier, a Vice Premier, a certain number of Ministers and Chairmen of Commissions, and a certain number of Ministers without Portfolio (MWPs). Under Article 56, these cabinet members are appointed by

9600-472: The conference in Chongqing. However, shortly afterward, the two parties failed to reach an agreement and the civil war resumed. In the context of political and military animosity, the National Assembly was summoned by the Nationalists without the participation of the CCP and promulgated the Constitution of the Republic of China . The constitution was criticized by the CCP, and led to the final break between

9728-466: The constitution provided for regular democratic elections, these were not held in Taiwan until the 1990s. In 1954, the Judicial Yuan ruled that the delegates elected to the National Assembly and Legislative Yuan in 1947 would remain in office until new elections could be held in Mainland China which had come under the control of the Chinese Communist Party in 1949. This judicial ruling allowed

9856-523: The constitution, the Nationalist Government abolished itself and was replaced by the Government of the Republic of China . Following their loss of the Civil War, the Nationalist Government retreated and moved their capital to Taipei while claiming that they were the legitimate government of the mainland. After Sun's death on 12 March 1925, four months later on 1 July 1925, the National Government of

9984-660: The convention, and participated in drafting the constitution, boycotted the National Assembly and declared after the ratification that not only would they not recognize the ROC constitution, but all bills passed by the Nationalist administration would be disregarded as well. However, due to their showing in the election (approx. 800 out of 3045 seats,) their boycott did not prevent the Assembly from reaching quorum and thus electing Chiang Kai-shek and Li Zongren as president and vice president respectively. Zhou Enlai challenged

10112-478: The counties and provincial cities governed directly under the Executive Yuan and the Tsai Ing-wen administration de facto suspended all provincial governments by 2018. Implementation of this constitution made China, then with a population of 450 million, the most populous "paper democracy ". Though the Constitution was intended for the whole China , it was neither extensively nor effectively implemented as

10240-532: The country and brought political stability. China's industries developed and grew from 1927 to 1931. Though badly hit by the Great Depression from 1931 to 1935 and Japan's occupation of Manchuria in 1931, industrial output recovered by 1936. By 1936, industrial output had recovered and surpassed its previous peak in 1931 prior to the Great Depression's effects on China. This is best shown by

10368-528: The country's entering into the state of emergency and granted the Kuomintang -led government of the Republic of China extra-constitutional powers. Following the ROC government's retreat to Taiwan on 7 December 1949, the Temporary Provisions together with martial law made the country an authoritarian one-party state despite the constitution. Democratization began in the 1980s. Martial law

10496-626: The direct election of the President of the Republic of China , Governor of Taiwan Province , and municipal mayors. Ten new amendments to replace the eighteen amendments of the First and Second Revisions were passed on 28 July 1994. The amendments that passed in July 1997 streamlined the Taiwan Provincial Government and granted the Legislative Yuan powers of impeachment. The constitution was subsequently revised in 1999 and 2000, with

10624-678: The elected assembly and assumed dictatorial powers. Upon his death in 1916, China disintegrated into warlordism and the Beiyang Government operating under the Constitution remained in the hands of various military leaders. The Kuomintang under Chiang Kai-shek established control over much of China by 1928. The Nationalist Government promulgated the Provisional Constitution of the Political Tutelage Period on 5 May 1931. Under this document,

10752-404: The end of the Second Sino-Japanese War . The impending outbreak of the Chinese Civil War pressured Chiang Kai-shek into enacting a democratic Constitution that would end KMT one-party rule. The Communists sought a coalition of one-third Nationalists, one-third Communists, and one-third other parties, to form a government that would draft the new Constitution. However, while rejecting this idea,

10880-580: The following year, Chiang's army had captured Beijing after overthrowing the Beiyang government and unified the entire nation , at least nominally, marking the beginning the Nanjing decade . According to Sun Yat-sen's "Three Stages of Revolution" theory, the KMT was to rebuild China in three phases: the first stage was military unification, which was carried out with the Northern Expedition;

11008-491: The former revision being declared void the same year by the Council of Grand Justices . A further revision of the constitution happened in 2005 which disbanded the National Assembly, reformed the Legislative Yuan, and provided for future constitutional change to be ratified by referendum. Passing an amendment to the ROC constitution now requires an unusually broad political consensus, which includes approval from three-fourths of

11136-588: The former sites of the nationalist government are headquartered in the city of Nanjing, the capital at the time, with only one exception. When the city of Nanjing was not captured by the Nationalist Government, they chose the following buildings as their headquarters. [REDACTED] Communist Party / [REDACTED] Soviet Republic ( [REDACTED] Red Army ) → Liberated Area ( [REDACTED] 8th Route Army , New Fourth Army , etc. → [REDACTED] People's Liberation Army ) → [REDACTED]   People's Republic of China Constitution of

11264-606: The functions, operations, and organization of the Taiwan Provincial Government may be specified by law." The Republic of China argues that sovereignty of the Republic of China over Taiwan was established by the Instrument of Surrender of Japan which implemented the Potsdam Declaration and the Cairo Declaration . The Allies have not agreed or disagreed to this rationale. In addition, the ROC argues that

11392-552: The government operated under a one-party system with supreme power held by the National Congress of the Kuomintang and effective power held by the Central Executive Committee of the Kuomintang . In Leninist fashion, it permitted a system of dual party-state committees to form the basis of government. The KMT intended this Constitution to remain in effect until the country had been pacified and

11520-487: The government. November 22, 1935, marked the landmark day where Taiwan's autonomous regional bodies held elections. Only adult males of higher socio-economic status were eligible to participate. The Meiji Constitution would not be Taiwan's last constitutional imposition: Taiwan would face another constitutional crisis when China's KMT government fled to Taiwan during the Chinese Civil War . According to Taiwanese legal scholar Yeh Jiunn-rong , these constitutions would impart

11648-579: The intention of defeating the warlords and unifying the country. The National Revolutionary Army received significant aid from the Soviet Union ; Chiang himself was surrounded by Soviet military advisors. Much of the Nationalist Party, however, became convinced, not without reason, that the Communists, under recent orders from the Comintern, wanted to break from the United Front and get rid of

11776-627: The lack of resources following the Second Sino-Japanese War and the Second Chinese Civil War . In 1937, Japan invaded China and the resulting warfare laid waste to China. Most of the prosperous east China coast was occupied by the Japanese, who carried out various atrocities such as the Rape of Nanjing in 1937 and random massacres of whole villages. In one anti-guerrilla sweep in 1942, the Japanese killed up to 200,000 civilians in

11904-511: The legislative branch of Western constitutional governments. In 1957, the Constitutional Court ruled that the National Assembly, Legislative Yuan, and Control Yuan were all "equivalent to the parliaments of democratic nations", creating a tripartite parliamentary system. Constitutional reforms of the 1990s later sought to condense the powers and functions of the three parliaments into one body. After gradually transferring powers to

12032-494: The legitimacy of the National Assembly in 1947 by asserting that the KMT hand-picked its members 10 years earlier, and thus the Assembly could not be the legal representatives of the Chinese people. In Article 1, the Republic of China is founded upon the Three Principles of the People ( Chinese : 三民主義; pinyin : Sān Mín Zhǔyì ), Minzu (民族), Minquan (民權), and Minsheng (民生), roughly defined as nationalism, democracy, and

12160-404: The livelihood of the people. It establishes China as a "democratic republic of the People, by the people, and for the people." Article 2 affirms that national sovereignty is derived from the citizenry. According to Article 3, people of ROC nationality are citizens of the Republic of China. Finally, Article 5 guarantees equality among the nations ethnic groups. The basic civil rights and duties of

12288-414: The mortality of the delegates that were elected in 1947. Faced with these pressures, on 22 April 1991, the first National Assembly voted itself out of office, abolished the Temporary Provisions passed in 1948, and adopted major amendments (known as the "First Revision") permitting free elections. On 27 May 1992, several other amendments were passed (known as the "Second Revision"), most notably that allowing

12416-549: The people (Article 25). Thus, the National Assembly served to check national institutions with governing powers: the Presidency and the Five Yuan. Members of the National Assembly were directly elected by the people for six-year terms in open elections (Article 28). Under Article 27, the National Assembly had the right to amend the Constitution, exercise initiatives and referendums on the behalf of citizens, and elect or recall

12544-481: The people are specified in Chapter 2 of the Constitution. Chapter 12 specifies four political rights of the people: election of public officials, recall of public officials, legislative initiative, and referendum. Unlike the typical division of governmental branches, the ROC constitution establishes a five-power, semi-parliamentary mode of constitutional governance. The five branches of government or Yuan (院) include:

12672-426: The people sufficiently "educated" to participate in democratic government. Nationalism (Mínzú) Democracy (Mínquán) Socialism (Mínshēng) The constitution was first drafted by the Kuomintang (KMT) as part of its third stage of national development (i.e., representative democracy ), it established a centralized republic with five branches of government (五權分立). The constitution traces its origins to

12800-480: The political fragmentation along ethnic lines that began after the fall of the Qing dynasty continued. The National Revolutionary Army ( NRA ) ( traditional Chinese : 國民革命軍 ; simplified Chinese : 国民革命军 ; pinyin : Guómín Gémìng Jūn ; Wade–Giles : Kuo-min Ke-ming Chün ), pre-1928 sometimes shortened to 革命軍 or Revolutionary Army and between 1928 and 1947 as 國軍 or National Army

12928-440: The practices had been blocked by the pan-blue coalition largely out of suspicions that proponents of a referendum law would be used to overturn the ROC Constitution and provide a means to declare Taiwan independence . A referendum law was passed on 27 November 2003 and signed by President Chen Shui-bian on 31 December 2003, but the law sets high standards for referendums such as the requirement that they can only be called by

13056-407: The presidency to military strongman Yuan Shikai , who established the Beiyang government . After a failed attempt to install himself as Emperor of China , Yuan died in 1916, leaving a power vacuum which resulted in China being divided into several warlord fiefs and rival governments. They were nominally reunified in 1928 under the Nanjing -based government led by Chiang Kai-shek , which after

13184-425: The promulgation of the Constitution of the Republic of China in 1947 and the formal end of the KMT party-state, the National Revolutionary Army was renamed the Republic of China Armed Forces , with the bulk of its forces forming the Republic of China Army , which retreated to Taiwan in 1949 . Forced conscription campaigns were conducted by the military; they are described by Rudolph Rummel as such: Then there

13312-530: The protection of local autonomy in Inner Mongolian Area , and Tibet Area were regulated explicitly. Based on Sun Yat-sen's political theory, the ROC Constitution distinguishes political powers from governing powers, creating another dimension for checks and balances. The Constitution introduced a powerful authoritative legislative body— the National Assembly ( Chinese : 國民大會; pinyin : Guómín Dàhuì ), which exercised political powers derived from

13440-481: The quorum of members of the Legislative Yuan. This quorum requires at least three-fourths of all members of the Legislature. After passing the Legislature, the amendments need ratification by at least fifty percent of all eligible voters of the ROC irrespective of voter turnout. Because the ROC constitution is, at least nominally, the constitution of all China , the amendments avoided any specific reference to

13568-436: The ratification that not only would it not recognize the ROC constitution, but all bills passed by the Nationalist administration would be disregarded as well. Zhou Enlai challenged the legitimacy of the National Assembly in 1947 by accusing the KMT of hand-picking the members of the National Assembly 10 years earlier; claiming they thus could not legitimately represent the Chinese people. The National Government governed under

13696-479: The resolution or resign from office. In Chapter XI of the Constitution, the country consists of two types of levels of local government: Provinces (first level, Section I) and Counties (second-level, Section II). A province is the first-level divisions of the country. It consists of 35 provinces, 1 special administrative region, 2 regions, 18 special municipalities, 14 leagues, and 4 special banners. According to Article 113, each provincial-level governments shall have

13824-449: The ruling party and the opposition parties, as well as legal experts, academic scholars and representatives from all fields and spanning all social classes" to decide on the proper reforms. He promised that the new Constitution would not change the issue of sovereignty and territory. This proposal went nowhere due to lack of cooperation from the opposition Pan-Blue. The Kuomintang government in power from 2008 to 2016 halted efforts to write

13952-599: The rural economy was hit hard by the Great Depression of the 1930s, in which an overproduction of agricultural goods lead to massive falling prices for China as well as an increase in foreign imports (as agricultural goods produced in western countries were "dumped" in China). In 1931, imports of rice in China amounted to 21 million bushels compared with 12 million in 1928. Other goods saw even more staggering increases. In 1932, 15 million bushels of grain were imported compared with 900,000 in 1928. This increased competition leads to

14080-426: The rural poor. Instead, the poor peasants remained a consistent source of recruits for the Communist Party. While weakened by frequent massacres and purges—historian Rudolph Rummel estimated that 1,654,000 people were killed by the KMT in anti-Communist purges during this period—the Communists were able to survive and posed a major latent threat to the regime. However, perhaps the biggest challenges came from within

14208-426: The second was " political tutelage  [ zh ] " which was a provisional government led by the KMT to educate people about their political and civil rights, and the third stage would be constitutional government.( Fung 2000 , p. 30) By 1928, the Nationalists claimed that they had succeeded in reunifying China and were beginning the second stage, the period of so-called "tutelage". In 1931, they promulgated

14336-476: The supporters of Taiwan localization movement , to replace the current Constitution with a document drafted by the Taiwanese constituencies in Taiwan. One recent controversy involving the constitution is the right to referendum which is mentioned in the Constitution. The constitution states that "The exercise of the rights of initiative and referendum shall be prescribed by law", but legislation prescribing

14464-599: The trends in Chinese GDP . In 1932, China's GDP peaked at US$ 28.8 billion, before falling to $ 21.3 billion by 1934 and recovering to $ 23.7 billion by 1935. By 1930, foreign investment in China totaled $ 3.5 billion, with Japan leading ($ 1.4 billion) and the United Kingdom at 1 billion. By 1948, however, the capital stock had halted with investment dropping to only $ 3 billion, with the US and Britain leading. However,

14592-470: The two sides. The full-scale civil war resumed from early 1947. After the National Assembly election , the drafted Constitution was adopted by the National Assembly on 25 December 1946, promulgated by the National Government on 1 January 1947, and went into effect on 25 December 1947. The Constitution was seen as the third and final stage of Kuomintang reconstruction of China. Chiang Kai-shek

14720-476: The two term limit for the president and the vice president. Since December 7, 1949, the ROC only controls the " free area of the Republic of China ", which is essentially Taiwan , Penghu , Kinmen , Matsu , Pratas and Taiping Island , the only territories not lost to the Chinese Communists in the Chinese Civil War . From March 1947 until 1987, Taiwan was in a state of martial law . Although

14848-464: The war of eight years, Japan surrendered and the Republic of China, under the name "China", became one of the founding members of the United Nations . The government returned to Nanjing in 1946. Following the defeat of Japan at the end of World War II , Taiwan was surrendered to the Allies , with ROC troops accepting the surrender of the Japanese garrison. The government of the ROC proclaimed

14976-405: The war was a massive increase in government control of industries. In 1936, government-owned industries were only 15% of GDP. However, the ROC government took control of many industries in order to fight the war. In 1938, the ROC established a commission for industries and mines to control and supervise firms, as well as instilling price controls. By 1942, 70 percent of the capital of Chinese industry

15104-813: The way, sometimes less than 50 percent reaching camp alive. Then recruit camp was no better, with hospitals resembling Nazi concentration camps like Buchenwald. Probably 3,081,000 died during the Sino-Japanese War; likely another 1,131,000 during the Civil War – 4,212,000 dead in total. Just during conscription. Because of the Nationalist government's increasing inability to fund the military, especially after Japan's success in Operation Ichigo , Nationalist authorities overlooked military corruption and smuggling. The Nationalist army increasingly turned to raiding villages to press-gang peasants into service and force marching them to assigned units. After

15232-484: Was also elected as the 1st President of the Republic of China under the constitution by the National Assembly in 1948, with Li Zongren being elected as vice-president. The Nationalist Government was abolished on 20 May 1948, after the Government of the Republic of China was established with the presidential inauguration of Chiang. The CCP, though invited to the convention that drafted it, boycotted and declared after

15360-568: Was dismissed and the Taiwan Provincial Government was established. On 18 April 1948, the National Assembly added to the Constitution the " Temporary Provisions against the Communist Rebellion ". The Temporary Provisions came into force on 10 May 1948, ten days before the inauguration of the first President of the Republic of China . These articles greatly enhanced the power of the president and abolished

15488-446: Was lifted in 1987, and in 1991 the Temporary Provisions were repealed. The Additional Articles of the Constitution was passed to reflect the government's actual jurisdiction and realization of cross-Strait relations . The Additional Articles also significantly changed the structure of the government to a semi-presidential system with a unicameral parliament , which formed the basis of a multi-party democracy in Taiwan. During

15616-423: Was never legally applied to Taiwan because Taiwan was not formally incorporated into the ROC's territory through the National Assembly as per the specifications of Article 4. Though the constitution promulgated in 1946 did not define the territory of the Republic of China, while the draft of the constitution of 1925 individually listed the provinces of the Republic of China and Taiwan was not among them, since Taiwan

15744-460: Was only agreed to reform the Constitution of the Republic of China, not to create a new one. It was last amended in 2005, with the consent of both the KMT and the DPP. The most recent revision to the constitution took place in 2004. Dynastic China adopted a constitutional system oscillating between a feudal distribution of power and a centralistic autocracy. The idea of a constitutional monarchy , and

15872-425: Was owned by the government. Following the war with Japan, Chiang acquired Taiwan from Japan and renewed his struggle with the Communists. However, the corruption of the KMT, as well as hyperinflation as a result of trying to fight the civil war, resulted in mass unrest throughout the Republic and sympathy for the communists. Nearly all studies of the collapse of the Nationalist government identify hyperinflation as

16000-490: Was part of Japan as the result of the Treaty of Shimonoseki of 1895. The constitution also stipulated in the Article I.4, that "the territory of the ROC is the original territory governed by it, unless authorized by the National Assembly, can not be altered." In 1946, Sun Fo , the minister of the Executive Yuan of ROC reported to the National Assembly that "there are two types of territory changes: 1. renouncing territory and 2. annexing new territory. The first example would be

16128-555: Was the Military Arm of the Kuomintang (KMT) from 1925 until 1947, as well as the national army of the Republic of China during the KMT's period of party rule beginning in 1928. Originally organized with Soviet aid as a means for the KMT to unify China against warlordism , the National Revolutionary Army fought major engagements in the Northern Expedition against the Chinese Beiyang Army warlords , in

16256-563: Was the principal author of the text. The Constitution, with minor revisions from the latest draft, was adopted by the National Constituent Assembly session on 25 December 1946, in Nanjing , promulgated by the National Government on 1 January 1947, and the fifth and current Chinese constitution officially went into effect on 25 December 1947. The Constitution was seen as the third and final stage of Kuomintang reconstruction of China. The Communists, though they attended

16384-482: Was the process of conscription. This was a deadly affair in which men were kidnapped for the army, rounded up indiscriminately by press-gangs or army units among those on the roads or in the towns and villages, or otherwise gathered together. Many men, some the very young and old, were killed resisting or trying to escape. Once collected, they would be roped or chained together and marched, with little food or water, long distances to camp. They often died or were killed along

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