The constitution of the Republic of China (3)

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  • / Author: Aaron Lewis

Constitution and constitutional history

The Constitution and the government moved to Taiwan

The 1948 constitution after the first session of the government of the Republic of China people
The parties Area For the evaluation of the constitution of the Republic of China
The Communist Party of China and China Democratic League Chinese continent Presidential dictatorship pseudo constitution, human rights, violated the resolutions of the Political Consultative Conference
U.S. government Overseas "It has been through a democratic constitution", "consistent with the principle of main aspects and the Chinese people's Political Consultative Conference resolution."
The Democratic Progressive Party Taiwan Do not accord with the current situation of Taiwan

In 1947 April, as the caretaker of the restructuring of the national government, in which all parties to participate in, and prepare the constitution. In November 21st, the country held a national representative election. 1948 January held a legislative committee direct election and provincial council indirect election. The constitution of March 29, 1948, the first session of the National Assembly held its first meeting in Nanjing, and the election of the president and vice president. The government of the Republic of China was set up formally.

In 1949, the government of the Republic of China lost the Chinese civil war, fled to Taipei. In February the same year, in the mainland region of China issued "on the abolition of the six laws and determine the Jiefang District judicial principle instruction", in October 1st the government of people's Republic of China was founded, the constitution of failure in most of the Chinese mainland reality. But in Taiwan, it has maintained the ROC legal system, maintain the effect in Hong Kong law enforcement, is the longest Chinese history a constitution.

The temporary provisions effective during the period of Communist Rebellion

Because of the civil war in 1948 to expand, to adapt to the situation, the first session of the National Congress by the procedure of constitutional amendment, passed in April 18, 1948 through the period of Communist Rebellion "Temporary Provisions" as a temporary amendment to the Constitution in May 10th of the same year, published by the national government, then after the four revision. "Temporary Provisions" without changing the original constitution case, freezing some provisions of the constitution to the amendment, supplement the provisions, to amend the Constitution by constitutional means. The main content of the provisions for the president in the period of Communist Rebellion, administrative agencies for emergency action, set the Communist Rebellion, adjust the central government institutions and personnel agencies, promulgate way to enrich the central public institutions, in addition, and the provisions of the president, vice president for re-election without constitutional a term limit.

The first session of the national assembly of second temporary through the procedure of constitutional amendment, repeal "through the period of Communist Rebellion Temporary Provisions" in April 22, 1991, and in May 1st the same year released by the president. In April 30th of the same year, the president declared Li Denghui, since the next day in May 1st, terminate the period of Communist rebellion.

The seven constitutional amendment

 

The constitutional amendment, the cabinet system into a semi presidential system

In 1991, President Li Denghui according to provisions of the terms of the mining, announced the end of period of Communist Rebellion, abolished the temporary provisions effective during the period of Communist rebellion. But because both sides of the Taiwan Straits state has not changed, in order to adapt to the situation, it will freeze some provisions of the constitution, then based on the amendment of the constitution. Amendments to amendments in constitution way rather than changes in the text, and the amendment preface statement "coping of national unity requires", as the limitation of amendment.

Abolish the period of Communist Rebellion provisional clauses, Li Denghui age constitution amendment six, Chen Shuibian era amendment constitution only once.

The first amendment of the Constitution

The first session of the national assembly second times will not amend the constitution, not to change the constitution structure under the principle of temporary, in 1991 April through the "constitution of the Republic of China" the first amendment to Article tenth, the same year in May 1st released by the president, is for the first time constitutional amendments, the main content is:

Display ▼Hidden ▲Eighty years of constitutional amendments
(a) the second session of the central representatives generated sources, places, election, choose the time and the term.
(two) give the President issued an emergency command authority.
(three) the relationship between the rights and obligations of the people on both sides, to the law as the special provisions.

The second revision of the Constitution

The second National Congress in 1991 12 at the end of the election, in 1992 May, the second session of the National Assembly the first provisional Congress through the "Republic of China constitutional amendments" eleventh to eighteenth, the same year in May 28th released by the president, is for the second constitution repair provisions, the main content is:

Eighty-one years of the second constitutional amendments
(a) the National Assembly meeting, to listen to the president situation report. A representative of the national assembly since the third session of the national assembly, elected every four years.
(two) the president, vice president of the election, by the "free area of the Republic of China" and all the people elected term of office for four years.
(three) legal basis for local autonomous clear, and open the provincial mayor elected.
(four) will have a way to monitor, from the original by the provincial and municipal elections, replaced by the presidential nomination; at the same time, the president of the examination yuan, the Judicial Yuan, supervisory personnel nominated by the national assembly, agreed to exercise the right to.
(five) enrich the basic national policy, strengthen the culture, science and technology, environmental protection and economic development, as well as women, indigenous people, people with disabilities, Islands residents and care.
(six) specify the justices composed of the constitutional court, trial party unconstitutional dissolution.

The third revision of the Constitution

In 1994 July, the second session of the national assembly of fourth temporary will take the first and two amendments to the constitution of the total adjustment, correction for 1 to tenth, and the pass through, the same year in August 1st released by the president, is for the third constitutional amendments, the main content is

Display ▼Hidden ▲Eighty-three years of constitutional amendments
(a) the national assembly since the third session set Deputy Speaker, speaker, each one.
(two) the president, vice president, determined by the people's direct election; as for the recall, it shall be proposed by the national assembly, the people's vote through.
(three) the President issued in accordance with the constitution the national assembly or legislature agreed to command the appointment of personnel appointment and removal, without administrative Dean countersignature.

The fourth revision of the Constitution

In 1997, June, July, the third National Congress of the second meeting will be the third amendments to the constitution of the total adjustment, correction for the first to eleventh, in July 18th from the July 21st of the same year, released by the president, is for the fourth constitutional amendments, the main content is:

Eighty-six years of constitutional amendments
(a) Administrative Institute president appointed by the president, not with the consent of the legislative yuan.
(two) ten days after the president in the Legislative Yuan and the president of the executive yuan of the no confidence vote, in consultation with the Legislative Yuan, have dissolved the legislature.
(three) for the president, vice president impeachment changed by the legislature to exercise, and is limited to civil strife, foreign aggression committed crime.
(four) the veto threshold from 2/3 to 1/2.
(five) the members of the Legislative Yuan from fourth up to two hundred and twenty-five.
(six) the judicial institute set up the fifteen person, and in one of them for president, one vice president, since the implementation of the Republic of China ninety-two years; Grand Justices of the Judicial Yuan for a term of eight years, regardless of the time, individual calculation, and shall not be re elected.
(seven) the judicial budget independent clause.
(eight) to freeze the provincial election, the province the provincial government, provincial council, provincial chairman, provincial committee, Provincial Consultative Council members by the president of the Executive Yuan to the president appointed.
(nine) additional small economic undertakings development in terms of.
(ten) to cancel educational budget limit.

The fifth revision of the Constitution

In September 3, 1999, the third session of the national assembly of the Republic of China adopted at the fourth session amendments amendments to the constitution of the first, fourth, ninth and ten articles, the same year in September 15th released by the president, is the constitution fifth amendment, the main content is:

Eighty-eight years of constitutional amendments
(a) National Congress on behalf of the fourth to three hundred people, since the fifth session of one hundred and fifty people, in accordance with the provisions of the proportional representation for the. And in legislative elections, political parties and candidates recommended by the independent election votes in proportion as the quota.
(two) the delegates to the national assembly in term with legislators election and re-election, eligible for re-election. The third delegates to the national assembly to the fourth term Legislative term date, do not apply to the provisions of item of article twenty-eighth of the constitution the first.
(three) fourth legislative term until June 30, 2002. The fifth legislative term since July 1, 2002 for four years, may be re elected, the election should be on the expiration of each term or dissolved within sixty days after the completion of the.
(four) the government should pay more attention to social welfare, social assistance and the national employment relief expenditure should be a priority list.
(five) for additional security veterans clause.
(six) for the protection of Islands residents terms, added in Penghu area.

Note: the first, the amendment of four, nine, ten by the Council of Grand Justices Interpretation No. 499th Wen pointed out that due to violation of due process of constitutional, to understand the text announced the same day (March 24, 2000) has instant failure, back to the fourth amendment content.

The sixth revision of the Constitution

In 2000 April, the third National Congress of the fifth meeting will be the fifth constitutional amendments to the revised correction mode, the correction after a total of eleven, in April 24th from the April 25th of the same year, released by the president, is for the sixth constitutional amendments, the main content is:

Eighty-nine years of constitutional amendments
(a) three hundred member national assembly, the legislature proposed amendments to the constitution, territorial change case, announced by half, or the president, the vice president impeachment, shall within three months of production proportion of Representatives elected. Proportional representation election methods prescribed by laws.
(two) the National Assembly shall for the referendum constitution amendment, the court case by vertical territorial changes; the president, the vice president impeachment court.
(three) a representative of the national assembly in the election results confirm within ten days after the self assemblies, the National Assembly shall be limited to one month rally. During the National Congress and the same term rally. The third session of the National Congress on behalf of the tenure until May 19, 2000.
(four) the vice president becomes vacant, by the Legislative Yuan election.
(five) the president, vice president of the recall, by the legislature, by people's vote through.
(six) the legislature to meet annually, to listen to the presidentNational Report.
(seven) added to the territory of the Republic of China, according to its existing national boundaries, the resolution not by all legislators in accordance with the law, and the national assembly in accordance with the referendum agreement, shall not be altered.
(eight) the Judicial Yuan in addition to judge appointed persons, do not apply to article eighty-first of the Constitution and the relevant provisions of the tenure treatment.
(nine) the president of the Judicial Yuan, the examination yuan, takes the supervision institute and other relevant personnel nominated by the legislature agreed to exercise the right.

The seventh revision of the Constitution

In 2004 August, the Legislative Yuan proposed amendment to the Constitution by the announcement, after half a year, in May 14, 2005 the task type selected representative in the national three hundred, and in June 7th referendum adopted amendments to the constitution, promulgated by President in June 10th of the same year, the main content is:

Ninety-four years of constitutional amendments
(a) the president, vice president impeachment by the justices of the constitutional court trial.
(two) the abolition of the national assembly, the amendment to the Constitution by referendum, territorial change case.
(three) the court of constitution amendment, territorial change case, by notice after half a year, elected by the people free area of the Republic of China vote referendum, effective agreed to vote more than half the total for the electoral.
(four) legislator from the seventh session, the seats from two hundred and twenty-five seats to one hundred and thirteen seats, a term from three years to four years, changing the electoral system for the single member District, two vote system.
(five) the free area municipalities, counties and cities of seventy-three people (at least one from each county). Free area of Aboriginal and Aboriginal three. No partition and overseas choice part (thirty-four) by the party more than five percent party votes on the ratio selected, each party elected list, women shall not be less than 1/2.

The constitution amendment after major changes

The constitutional government system and evolution
Bill The system of government
The five five draft constitution The presidential system
Constitution of the Republic The cabinet system
In terms of Communist Rebellion The presidential system
Amendments Semi presidential system
Matters of constitutional amendment The original Constitution Additional provisions
The national scope The Republic of China (mainland and Taiwan national Chinese) All citizens free area
The National Assembly Tangible country, one from each county Abolish
President The indirect election, term of six years People's direct election, term of four years
The Executive Yuan The President nominated by the president, with the consent of the Legislative Yuan after the appointment of the The president is appointed by the president
The Legislative Yuan Government legislation to exercise the right of administration The highest national parliament has political rights
The control yuan Department of the provincial parliament parliamentary elections Nomination for president, with the consent of the Legislative Yuan of supervisory organs
The system of government The cabinet system Semi presidential system
Local system The province county autonomous Autonomous County, Taiwan province Fujian two chairman appointed by the central government
The Constitution and the Territorial Change Program The National Assembly referendum The electoral referendum free area

Future prospects

Lv Bingkuan think, the constitution of the Republic of China was born in the mainland, long in Taiwan, its many terms because does not adapt to this change and causes many problems. For example, because the constitution delegates to the National Assembly shall be the National People's direct election, but due to the circumstances, not in implementation of the general election, the old country representatives are appointed for life and the emergence of a "million years country generation". Subsequent amendments to the constitution of solving the urgent need to address the problem, but there are still many provisions from reality.

Xie Zhengdao think, the future evolution of the constitution of the Republic of China may have the following possibilities:

The constitutional evolution Cross strait relations risk Notes
To the Constitution Low In the original constitution continued under the framework of constitutional amendment
The second republic constitution Slightly higher Comply with the status quo, suitable for the reality of the second republic constitution of the Republic of China
The constitution of Taiwan High Completely change the status quo, making Taiwan constitution, thus the independence of Taiwan
To restore the original No Realization of democracy in China, ending the amendments, to apply to the mainland