December 25 marks the 21st anniversary of constitutional government in the Republic of China.
China's road to constitutionalism was long and tortuous. For thousands of years the country was ruled by kings or emperors. Not until 1911 did the followers of Dr. Sun Yat-sen overthrow the Manchu dynasty, which had ruled for 268 years, and establish Asia's first republic.
The first years of the Republic were marred by internecine strife among warlords. China was reunified in 1928 with the success of the Northward Expedition led by Chiang Kai-shek, later to be the first constitutional president.
Chinese constitutional history begins with the government's proclamation of a draft constitution on May 5, 1936. A constituent National Assembly was scheduled to convene on November 12 of that year to write a constitution based on the May 5 draft. The increasing threat of Japanese aggression necessitated postponement of the constitutional convention. Further progress had to be delayed until after the eight-year Sino-Japanese war (1937-45).
The government called a Political Consultative Conference in January, 1946. All political parties and other interested groups were represented. Agreement was reached on revising the 1936 draft constitution. Convening of the constituent National Assembly was set for May 5, 1946. The convention had to be delayed several times because of the Communist rebellion. The constituent National Assembly finally met at Nanking on November 15, 1946, and adopted the Constitution on December 25. This day was proclaimed Constitution Day and became a national holiday in 1963. The Constitution became effective December 25, 1947. The first National Assembly under the Constitution was elected on that day.
The Constitution is based on the five-power system of Dr. Sun Yat-sen, founder of the Republic. It combines the cabinet and presidential systems of government.
This five-power concept is evident in: the National Assembly and its functions of election and impeachment; the position of the President over and above the five Yuan (councils); the independent exercise of the powers of examination and control; and the division of power between national and local governments of provincial and county levels.
The National Government of the Republic of China was established in 1948 in accordance with provisions of the Constitution.
The Chinese Communists were continuing their rebellion even as China was achieving a constitutional system. Aided by international Communism, the Chinese Reds usurped mainland power in 1949. They were not chosen by the people. The only legal government of the Republic of China, deriving its just powers from the people through popular election, has continued the struggle against Communism from the island province of Taiwan.
Many provisions of the 1946 Constitution are characteristic of the cabinet form of government. For example, the president of the Executive Yuan - or prime minister - is nominated and, with the consent of the Legislative Yuan, appointed by the President. This means that the prime minister must be the leader of the majority party in the legislature or receive its support. The vice president of the Executive Yuan and ministers, with or without portfolio, are appointed by the President upon recommendation of the prime minister. Presidential decrees promulgating laws and issuing administrative ordinances require the countersignature of the prime minister and, at times, that of cabinet minister or chairman. The Executive Yuan is responsible to the Legislative Yuan. The prime minister 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 prime minister to resign with a vote of nonconfidence. At the same time, the Executive Yuan is not vested with power to dissolve the Legislative Yuan.
The Chinese Constitution has 175 articles in 14 chapters covering general provisions; rights and duties of people; the National Assembly; the President; administration; legislation; judiciary; examination; control; powers of central and local governments; system of local government; election; recall, initiative and referendum; fundamental national policies; and enforcement and amendment of the Constitution. Temporary Provisions Effective During the Period of Communist Rebellion - an attachment to the Constitution - was adopted by the National Assembly on April 18, 1948, and promulgated by the National Government on May 10, 1948. It has been amended three times; the last occasion was March 19, 1966.
The 1966 amendment added two important clauses. One permits the President to "establish, in accordance with the constitutional system, an organ for making major policy decisions concerned with national mobilization for suppression of the Communist rebellion and for assuming administrative control in war zones". The other gives the President power to "make adjustments in the administrative and personnel organs of the Central Government" and "promulgate regulations providing elections to fill the 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 increase, in areas that are free andlor newly recovered".
The 1966 amendment substantially increases presidential power but within constitutional limits. The amendment stipulates that the President alone has the power to establish the new organ and readjust administrative and personnel composition of the Central Government. But the expenditures involved will be included in the General Budget Bill. So the national legislature still will exercise control through its power of the purse.
It isn't who you recommend that matters but whether he is competent for the job
大公無私 Ta-kung wu-ssu (A selfless person to whom what is good for the country always comes first).
Western equivalent - The true patriot puts country always above himself.
When Duke Ping ruled Tsin, one of the seven warring states in the period from 403 to 221 B.C., he once asked his counselor Chi Huang-yang "There is a magistracy vacant in Nan Yang Hsien. Who do you think could fill the post competently?"
"Hsieh Hu, Your Majesty," Chi Huang-yang replied without hesitation.
Duke Ping was surprised. "But Hsieh Hu is your enemy!" he said. "You hate each other. Why do you recommend him?"
"Your Majesty asked me who could fill the post as Nan Yang Hsien's magistrate. You didn't ask me whether Hsieh Hu was my enemy. I recommend him because I am confident he will be a competent magistrate."
Duke Ping nodded approval. Hsieh Hu took the job and did very well.
Several months later Duke Ping again summoned Chi Huang-yang and asked: "There is a justice's post vacant in the capital. Who do you think I should appoint?"
"Chi Wu, Your Majesty," said Chi Huang-yang.
Duke Ping was as surprised as before. "Wait a minute, Counselor. Chi Wu is your son. Aren't you afraid others might criticize you for recommending him?"
Chi Huang-yang replied: "Your Majesty asked who could fill the post of justice and my answer was Chi Wu. I am not recommending him because he is my son just as I did not fail to recommend Hsieh Hu because he was my enemy."
Chi Wu turned out to be an excellent justice and Duke Ping was happy that he accepted Chi Huang-yang's recommendation.
When Confucius heard the story he said: "Chi Huang-yang did well. When he was recommending anyone, his concern was for the man's ability. Neither enmity nor familial relationship affected his judgment. He deserves to be called a selfless person."