Constitution of the Republic of China

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The Constitution of the Republic of China (Taiwan) ( Chinese : 中華民國 憲法; Pinyin : Zhōnghuá Mínguó Xiànfǎ) contains the central legal documents and constitutional principles of the Republic of China. The first, provisional constitution was passed by the pre-parliament on March 11, 1912. The constitution, which is still in force today, was developed in 1946 and entered into force in 1947.

Before 1949, the Republic of China referred to the whole of China - including what is now the People's Republic of China , since 1949 it has been limited to the island of Taiwan and a few smaller islands.

history

Due to internal unrest and rule by regional warlords , the Chinese Empire collapsed and on January 1, 1912, the Republic of China was proclaimed. In March 1912, a “Provisional Constitution of the Republic of China” came into force. After the Chinese reunification in 1928, the national government developed the organization law, which, however, did not yet correspond to a constitution.

Under pressure from the population, the “pre-constitution” was passed in 1931, which was valid until 1947, although it did not meet the rule of law or democratic requirements. Rather, it represented a retention of power by the Kuomintang (KMT, Chinese: 中國 Pin, Pinyin: Zhōngguó Guómíndǎng), the National People's Party of China. In 1936 a newly revised draft constitution was presented, but the people rejected it.

In 1946 a constituent national assembly took place, which was boycotted by the Chinese Communist Party (Chinese: 中國 共產黨, Pinyin: Zhōngguó Gòngchǎndǎng). Nevertheless, a constitution was developed and in 1947 it was the first "Constitution of the Republic of China" to be adopted. It consists of a total of 56 chapters and 7 additional articles. This is still valid in Taiwan today.

The election of the first President Chiang Kai-shek (Chinese: 蔣介石, Pinyin: Jiǎng Jièshí), who had been chairman of the KMT since 1938 , took place in 1948. In the same year the "Provisional Articles during the Period of Mobilization to Suppress the Rebellion" (in short: Prov. Art.) Came into force. Formally, they did not represent a change to the constitution, but partially suppressed it and gave the president more power. After the People's Republic of China was proclaimed in 1949 , the Republic of China only referred to Taiwan and a few smaller islands. The Constitution and the "Provisional Articles" continued to refer to the Republic of China as the whole of China. The Taiwanese government did not change this for several reasons: on the one hand, it represented a high political symbolic value and, on the other hand, there was and is a threat from the People's Republic of China, which is interested in presenting itself as a united China. Thus, Taiwan upholds the constitutional unity of China to this day. However, problems also arose because the constitution is not directly related to Taiwan and is therefore in part too general. Attempts have been made to resolve these through amendments to the constitution of 1991, 1992, 1994, 1997, 1999, 2000 and 2005.

Constitutional content

The plan to achieve a constitution for the whole of China was proposed before the partition of China by Dr. Sun Yatsen elaborated. The main goals are the restoration of the unity of China and the political education of the population.

The plan can be divided into 3 phases:

  1. "Phase of military rule" (Chinese: 军政, Pinyin: jūnzhèng) = Unite China with armed force → 1928
  2. “Phase of rule through instruction” (Chinese: 驯 政, Pinyin: xùnzhèng) = instructing the Chinese people politically through national government → 1928–1946
  3. “Rule by virtue of the constitution” (Chinese: 宪政, Pinyin: xiànzhèng) = drawing up a constitution → from 1946

The constitution should bind the government to the "three principles of the people":

  • Principle of the national community (Chinese: 民族 主義, Pinyin: mínzú zhǔyì) ≙ Nationalism
  • Principle of people's rights (Chinese: 民權 主義, Pinyin: mínquán zhǔyì) ≙ Democracy
  • Principle of the People's Welfare (Chinese: 民生 Pin, Pinyin: mínshēng zhǔyì) igung Satisfying life's needs

The concept of the 1947 constitution is based on Sun's "Doctrine of the Discrimination between People's Power and Government". The constitution distinguishes between the powers of the rulers and the powers of the ruled (the people).

The 4 powers of the people are:

  • Election of a government
  • Voting a government
  • Legislative initiative
  • referendum

The latter is exercised by the National Assembly, which elects the President and is responsible for constitutional amendments.

The five branches of government (branch = yuan = 院) are composed as follows:

  • Legislation - Legislative Yuan (Chinese: 立法院, Pinyin: Lìfǎ Yuàn ) according to Art. 62 ≙ Parliament
  • Administration - Executive Yuan (Chinese: 行政院, Pinyin: Xíngzhèng Yuàn) according to Art. 53 ≙ Government
  • Jurisprudence - Judicial Yuan (Chinese: 司法院, Pinyin: Sīfǎyuàn) according to Art. 77 ≙ Judiciary
  • Examination - Examination Yuan (Chinese: 考試 院, Pinyin: Kǎoshì Yuàn ) according to Art. 83 ≙ Examination, management of the public service
  • Control - Control Yuan (Chinese: 監察院, Pinyin: Jiānchá Yùan) according to Art. 90 ≙ Standing parliamentary committee of inquiry, controls the government

The system of 5 powers represents a mixture of presidential and parliamentary elements, a kind of synthesis between the old Chinese official state and the modern people's state . Due to the numerous reforms and additions, however, legal inconsistencies have arisen, which make the constitution seem prone to crisis.

Sections of the Constitution

preamble

I. General provisions (Art. 1 - 6)

II. Rights and duties of the people (Art. 7 - 24)

III. The National Assembly (Articles 25-34)

IV. The Presidency (Articles 35-52)

V. Administration (Art. 53 - 61)

VI. Legislature (Art. 62 - 76)

VII. Judiciary (Art. 77-82)

VIII. Examination (Art. 83 - 89)

IX. Control (Art. 90-106)

X. Powers of Central and Local Government (Articles 107-111)

XI. Local government system (Articles 112 - 128)

XII. Election, retrieval, initiative and referendum (Art. 129 - 136)

XIII. Basic national policy (Articles 137 - 169)

XIV. Enforcement and amendment of the Constitution (Articles 170-175)

A theoretically possible new constitution is very unlikely, since a three-quarters majority in the legislative yuan would have to come about for it to come into existence.

literature

  • Neukirchen, Mathias: "The Constitution of the Republic of China (Taiwan)". In: Bryde, Brun-Otto / Kunig, Philip / Hernekamp, ​​Karl-Andreas (eds.): Constitution and Law in Übersee. Law and Politics in Africa, Asia and Latin America. Hamburg: Hamburg Society for International Law and Foreign Policy eV, 2005. ISSN 0506-7286, pp. 418–452.
  • Wang, Yinhong: Constitutional Control in China. A historical and political account. 1. Berlin: LIT Verlag, 2016. ISBN 3643507534 , pp. 52-63.

Web links

Individual evidence

  1. ^ Provisional Constitution of the Republic of China . February 4, 2006.
  2. ↑ Bernd Martin: German-Chinese Relations 1928-1937: 'Equal' partners under 'unequal' conditions - a collection of sources . Akademie Verlag, Berlin 2003, ISBN 9783050029856 , p. 139.
  3. ^ A b Mathias Neukirchen: Constitution and Law in Overseas: Law and Politics in Africa, Asia and Latin America - The history of the 1947 constitution . Hamburg Society for International Law and Foreign Policy eV, Hamburg 2005, pp. 425 - 427.
  4. ↑ Johannes Chang: Yearbook of the Institute for Christian Social Sciences of the Westphalian Wilhelms University of Münster: Sun Yat-sen - His teaching and its meaning . Wilhelms-Universität Münster, Münster 1960, pp. 179-184.
  5. ^ Office of the President: Republic of China (Taiwan): Constitutional Chapters . January 27, 2017.