This article needs additional citations for verification .(May 2014) |
Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion [1] [2] | |
---|---|
Overview | |
Original title | 動員戡亂時期臨時條款 |
Jurisdiction | China
|
Ratified | 18 April 1948 |
Date effective | 10 May 1948 |
System | Unitary parliamentary constitutional republic (de jure) Unitary Tridemist one-party presidential constitutional republic under a military dictatorship (de facto) |
Government structure | |
Branches | Five (Executive, Legislative, Judicial, Examination, Control) |
Head of state | President |
Chambers | Tricameral (National Assembly, Legislative Yuan, Control Yuan) [3] |
Executive | Premier led Executive Yuan |
Judiciary | Judicial Yuan |
Federalism | Unitary |
Electoral college | Yes (National Assembly) |
History | |
First legislature | 1 May 1950 (LY) |
First executive | 1 March 1950 (President) |
Repealed | 1 May 1991 |
Amendments | 4 |
Last amended | 1972 |
Supersedes | Suspension of the Constitution of the Republic of China |
Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion | |||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|
Traditional Chinese | 動員 戡亂 時期 臨時 條款 | ||||||||||
Simplified Chinese | 动员 戡乱 时期 临时 条款 | ||||||||||
|
The Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion [4] provisions of the Constitution of the Republic of China were effective from 1948 to 1991 and amended four times by the Central Government of China. They effectively nullified the constitution and established martial law in Taiwan,where civil and political freedoms were curtailed. The official rationale for the provisions was the ongoing Chinese Civil War. However,with the demise of the Kuomintang single-party system,the provisions were repealed.
The current Constitution of the Republic of China was adopted by the National Assembly in 1947,when the Nationalist Government was based in Nanjing. Since 1945,China has been engulfed in a civil war that pitted the Nationalist Government against the Chinese Communist Party (CCP). In March 1948,the first National Assembly met in Nanjing,and after some deliberation,decided to invoke Article 174 of the Constitution to amend the Constitution". [5] On 10 May 1948,the Assembly adopted the first set of Temporary Provisions that were set to expire after three years. In 1949,the Communists expelled the Nationalist Government from mainland China,and proclaimed the establishment of the People's Republic of China while Chiang's government retreated to Taipei,Taiwan,an island formerly a Japanese colony that was placed under ROC control after the surrender of Japan in 1945. In 1954,the National Assembly indefinitely renewed the Temporary Provisions in view of the Kuomintang's plans to recapture the mainland. The Temporary Provisions from then on were amended in accordance with the needs of the President of the Republic of China,Chiang Kai-shek,or his son Chiang Ching Kuo. In 1966,the Temporary Provisions were revised to allow for supplementary elections to the National Assembly from the Taiwan Area. In 1971,the ROC was expelled from the United Nations and replaced with representatives from the People's Republic of China;the Temporary Provisions were amended again in 1972. However,in 1979,the United States severed diplomatic relations with the ROC and recognized the PRC.
It became clear that retaking the mainland was not a real possibility. On 22 April 1991,the National Assembly resolved to abolish the Temporary Provisions,and later on 30 April,President Lee Teng-hui declared the end of the Mobilization for Suppression of Communist Rebellion as of the following day. [6] The Provisions were replaced by the Additional Articles of the Constitution of the Republic of China,which took effect on 1 May and have served as the state's de-facto constitution ever since. The repeal of the Provisions caused some ambiguity in cross-strait relations and the political status of Taiwan,raising questions such as whether the "Communist rebellion" has "succeeded" and so the PRC government is recognized as legitimate by the ROC,or whether it would be legal now for the CCP to operate in Taiwan. [5]
The Temporary Provisions allowed for the creation of the Taiwan Garrison Command and the National Security Council,both for the purpose of enforcing martial law. [5] The provisions also allowed the President and Vice President of the Republic of China to be exempted from the two-term office limit. [6] Extensive powers given to the president by the Temporary Provisions turned the ROC into a de facto presidential system,where the President also held the post of chairman of the Kuomintang,although the Constitution originally laid out a parliamentary system. [5] Specifically,the provision relating to the president said: [5]
In this Period of Communist Rebellion,for the sake of avoiding the emergent political crisis,and addressing the mammoth economic change,the president is empowered to adopt emergency measures through a resolution of a cabinet meeting of the Executive Yuan. The president's power will not be limited by the regular procedures of Articles 39 and 43 of the constitution.
The Kuomintang (KMT),also referred to as the Guomindang (GMD),the Nationalist Party of China (NPC) or the Chinese Nationalist Party (CNP),is a political party in Taiwan,initially based on the Chinese mainland and then in Taiwan since 1949. The KMT is a centre-right to right-wing party and the largest in the Pan-Blue Coalition,one of the two main political groups in Taiwan. Its primary rival is the Democratic Progressive Party (DPP),the largest party in the Pan-Green Coalition. As of 2024,the KMT is the largest single party in the Legislative Yuan. The current chairman is Eric Chu.
The president of the Republic of China,also known as the president of Taiwan,is the head of state of the Republic of China,commonly known as Taiwan,as well as the commander-in-chief of the Republic of China Armed Forces. Before 1949 the position had the authority of ruling over Mainland China,but after communist victory in the Chinese Civil War,the remaining jurisdictions of the ROC have been limited to Taiwan,Penghu,Kinmen,Matsu,and smaller islands.
The Constitution of the Republic of China is the fifth and current constitution of the Republic of China (ROC),ratified by the Kuomintang during the Constituent National Assembly session on 25 December 1946,in Nanking,and adopted on 25 December 1947. The constitution,along with its Additional Articles,remains effective in ROC-controlled territories.
The history of the Republic of China began in 1912 with the end of the Qing dynasty,when the Xinhai Revolution and the formation of the Republic of China put an end to 2,000 years of imperial rule. The Republic experienced many trials and tribulations after its founding which included being dominated by elements as disparate as warlord generals and foreign powers.
As a result of the surrender and occupation of Japan at the end of World War II,the islands of Taiwan and Penghu were placed under the governance of the Republic of China (ROC),ruled by the Kuomintang (KMT),on 25 October 1945. Following the February 28 massacre in 1947,martial law was declared in 1949 by the Governor of Taiwan,Chen Cheng,and the ROC Ministry of National Defense. Following the end of the Chinese Civil War in 1949,the ROC government retreated from the mainland as the Chinese Communist Party (CCP) proclaimed the establishment of the People's Republic of China. The KMT retreated to Taiwan and declared Taipei the temporary capital of the ROC. For many years,the ROC and PRC each continued to claim in the diplomatic arena to be the sole legitimate government of "China". In 1971,the United Nations expelled the ROC and replaced it with the PRC.
The United Nations General Assembly Resolution 505 is titled Threats to the political independence and territorial integrity of China and to the peace of the Far East,resulting from Soviet violations of the Sino-Soviet Treaty of Friendship and Alliance of August 14,1945 and from Soviet violations of the Charter of the United Nations. The UN General Assembly adopted this resolution on 1 February 1952 during its sixth session after the Republic of China complained to the United Nations against the Soviet Union.
The Taiwan Area,fully the "Taiwan Area of the Republic of China",also the free area of the Republic of China,the "Tai-Min Area",is a term used to refer to the actual-controlled territories of the Republic of China,usually called "Taiwan". It has been in official use since the Additional articles of the Republic of China constitution took effect to end temporary anti-communist provisions on 1 May 1991. The term is also used in the 1992 Cross-Strait Act.
The Nationalist government,officially 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.
The 1st Legislative Yuan election was held in China between 21 and 23 January 1948. This election,and the preceding 1947 National Assembly election are the first elections of under the newly ratified 1947 Constitution of the Republic of China. Under this constitution,the Legislative Yuan is a standing legislature when the National Assembly is not in session. At the time most of Chinese territory was under the control of the government of the Republic of China,using a direct voting system elected 759 Legislative Representatives. Using the Republic's then 461 million population to calculate,on average 600,000 people elected one representative in the Legislative Yuan. The election along with the one held for the National Assembly also made China the largest democracy at the time.
The Government of the Republic of China,is the national authority whose actual-controlled territory consists of main island of Taiwan (Formosa),Penghu,Kinmen,Matsu,and other island groups,collectively known as Taiwan Area or Free Area. A unitary state,the ROC government,under the current constitutional amendments,is run by a de facto semi-presidential system,consists of the presidency and five branches (Yuan):the Executive Yuan,Legislative Yuan,Judicial Yuan,Examination Yuan,and Control Yuan. The president is the head of state,with the premier as the head of government,currently ruled by the Democratic Progressive Party (DPP) since 2016. Since the 2005 amendments of the Additional Articles of the Constitution,the Legislative Yuan has been the de facto unicameral parliamentary body of the country.
Legislative elections were held in Taiwan on 19 December 1992.
Martial law in Taiwan refers to the periods in the history of Taiwan after World War II,during control by the Republic of China Armed Forces of the Kuomintang-led regime. The term is specifically used to refer to the over 38-year-long consecutive martial law period between 20 May 1949 and 14 July 1987,which was qualified as "the longest imposition of martial law by a regime anywhere in the world" at that time.
Dang Guo,also known as Tang Kuo,was the one-party system adopted by the Republic of China (ROC) under the Kuomintang,lasting from 1924 to 1987. It was adopted after Sun Yat-sen acknowledged the efficacy of the nascent Soviet Union's political system,including its system of dictatorship. Chiang Kai-shek later used the Kuomintang to control and operate the Nationalist government and the National Revolutionary Army. All major national policies of the government bureaucracy were formulated by the Kuomintang,giving the party supreme power over the whole nation.
Period of mobilization for the suppression of Communist rebellion is a political term used by the Kuomintang-led government of the Republic of China to indicate the country's entering into a state of emergency with the raising Chinese Civil War. The term aimed to mobilize the people and resources under Kuomintang's control to fight the Chinese Communist Party rebellion.
The 1948 Chinese presidential election was held on April 20,1948,at the National Assembly House in Nanjing. The election was conducted by the National Assembly to elect the president and vice president of China. This was the first election under the newly adopted 1947 Constitution of the Republic of China,and the last prior to the retreat of the government of the Republic of China to Taiwan following their loss in the Civil War the following year.
National Assembly elections were held between 21 and 23 November 1947 in China. They were the first elections under the newly ratified 1947 constitution. Under this constitution,the National Assembly was a constitutional convention and presidential electoral college. A total of 2,961 delegates were elected from across the country.
The Republic of China (ROC) began as a sovereign state in mainland China on 1 January 1912 following the 1911 Revolution,which overthrew the Manchu-led Qing dynasty and ended China's imperial history. From 1927,the Kuomintang (KMT) reunified the country and ruled it as a one-party state and made Nanjing the national capital. In 1949,the KMT-led government was defeated in the Chinese Civil War and lost control of the mainland to the Chinese Communist Party (CCP). The CCP established the People's Republic of China (PRC) while the ROC was forced to retreat to Taiwan and retains control over the "Taiwan Area";the political status of Taiwan remains in dispute to this day.
The Act Governing Relations between the People of the Taiwan Area and the Mainland Area,also called Cross-Strait Act,is the law of the Republic of China governing cross-strait relations.
Indirect elections were held for the presidency and vice-presidency of the government of the Republic of China on Taiwan on March 21,1960. The vote took place at the Chung-Shan Hall in Taipei. Incumbent President Chiang Kai-shek and Vice-President Chen Cheng was re-elected.