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National Assembly (Republic of China)

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(Redirected fromNational Assembly of the Republic of China)
1947–2005 electoral college and constitutional convention in the East Asian country
This article is about National Assembly under the 1947 Constitution. For the parliament of theBeiyang government, seeNational Assembly (Beiyang government).
This articlerelies largely or entirely on asingle source. Relevant discussion may be found on thetalk page. Please helpimprove this article byintroducing citations to additional sources.
Find sources: "National Assembly" Republic of China – news ·newspapers ·books ·scholar ·JSTOR
(April 2020)
National Assembly

國民大會

Guómín Dàhuì (Mandarin Pinyin)
Kuo²-min² Ta⁴-hui⁴ (Wade-Giles)
Kok-bîn Tāi-hōe (Taiwanese)
Koet-mìn Thai-fi (Hakka)
Type
Type
History
Founded29 March 1948; 77 years ago (1948-03-29)
DisbandedInmainland China:
1 October 1949; 76 years ago (1949-10-01) (Proclamation of the PRC,de facto)
InTaiwan:
7 June 2005; 20 years ago (2005-06-07) (Constitution amended, subject to aSunset clause)
Preceded byNational Assembly (Beiyang government)
Succeeded byInmainland China:
Chinese People's Political Consultative Conference and laterNational People's Congress
InTaiwan:
Directpresidential elections,constitutional referendums,Legislative Yuan, and Constitutional Court ofJudicial Yuan
Seats
  • 3,045(1947)
  • 300(2005)
Elections
First general election
21 November 1947; 78 years ago (1947-11-21)
Last general election
14 May 2005; 20 years ago (2005-05-14)
Meeting place
National Great Hall,Nanjing(1948)
Zhongshan Hall,Taipei(1954–1966)
Chung-Shan Building,Taipei(1972–2005)
Constitution
Additional Articles and the original
Constitution of the Republic of China
National Assembly
Traditional Chinese國民大會
Simplified Chinese国民大会
Literal meaningAssembly of the Nationals
Transcriptions
Standard Mandarin
Hanyu PinyinGuómín Dàhuì
Bopomofoㄍㄨㄛˊ ㄇㄧㄣˊ ㄉㄚˋ ㄏㄨㄟˋ
Wade–GilesKuo²-min² Ta⁴-hui⁴
Hakka
Pha̍k-fa-sṳKoet-mìn Thai-fi
Southern Min
HokkienPOJKok-bîn Tāi-hōe
Tâi-lôKok-bîn Tāi-huē
This article is part ofa series on
flagTaiwan portal

TheNational Assembly was the authoritative legislative body of theRepublic of China, from 1947 to 2005. Along with theControl Yuan (upper house) and theLegislative Yuan (lower house), the National Assembly formed thetricameral parliament of the Republic of China.

Similar to otherelectoral colleges, the National Assembly had elected thePresident andVice President under the 1947Constitution of the Republic of China with the role of theconstituent assembly that aimed to amend the country's constitution.

The first National Assembly was elected in November 1947 and met inNanjing in March 1948. However, in the next year, theKuomintang-ledgovernment of the Republic of China lostmainland China in theCivil War andretreated to Taiwan. The National Assembly resumed its meeting inTaipei in 1954. In the 1990s, its parliamentary powers were gradually transferred to theLegislative Yuan anddirect democracy exercised by thede factoresidents before constitutional amendments made it a dormant body in 2000 and dissolved it (subject to asunset clause) in 2005.

History

[edit]

Early Republican period

[edit]
Main articles:Beiyang government andNational Assembly (Beiyang government)

Calls for a National Assembly were part of the platform of therevolutionaries who ultimately overthrew theQing dynasty. In response, the Qing dynasty formed thefirst assembly in 1910, but it was virtually powerless and intended only as an advisory body. In the early Republican Era, thebicameral National Assembly was established by theBeiyang government. The design referred to the structure of theUnited States Congress as Senate (參議院) and House of Representatives (眾議院). However, theWarlord Era with the interference of military power toward the constitution suppressed the authority and the reputation of the National Assembly.

The Chinese social and political science review quoted the institution's English name asNational People's Congress during the drafting of constitution.[1]

1947 Constitution

[edit]
Main article:Constitution of the Republic of China

In 1946, theConstituent Assembly promulgated a new constitution and thefirst National Assembly met in 1948 inNanjing, the Chinese capital. Apart from the KMT, the only legal parties were theDemocratic Socialist Party and theYouth Party.

Under the constitution, the main duty of the National Assembly was to elect the President and Vice President for terms of six years. It also had the right to recall or impeach the President and Vice President if they failed to fulfill their political responsibilities. According to "National Assembly Duties Act", the National Assembly could amend the constitution with a two-thirds majority, with at least three-quarters membership present, as well as to ratify constitutional amendments proposed by deputies of theLegislative Yuan. It could also change territorial boundaries. The responsibilities of the deputies of the Assembly, as well as of the Assembly as a whole, were derived from the directions of Sun Yat-sen. At that time the NA served as a counterpart to theSupreme Soviet of the Soviet Union, with a Presidium of the National Assembly governing over its activities.

  • The National Assembly in Nanjing in 1946
    The National Assembly in Nanjing in 1946
  • National Assembly Building in Nanjing, the meeting place of the first session of the first National Assembly in 1948
    National Assembly Building inNanjing, the meeting place of the first session of the first National Assembly in 1948
  • Paifang outside the National Assembly Building in Nanjing during the 1948 National Assembly session
    Paifang outside the National Assembly Building inNanjing during the 1948 National Assembly session

In 1949, theChinese Communist Party won theChinese Civil War andmainland China became the People's Republic of China. The National Assembly (along with the entireROC government) wasrelocated toTaipei. The Assembly's right to legislate wasput into moratorium until at least half of all counties in the nation were again able to elect representatives via their County Assemblies.[citation needed]

The first National Assembly was to serve for a period of only six years. However, according to theKuomintang (KMT) leadership, the fall of the Mainland made it impossible to hold new elections there, as all Mainland provinces were underCommunist rebellion. As a result, the Judicial Yuan decided that the original members of the National Assembly representing Communist-controlled constituencies mustcontinue to hold office until new elections could be held. National Assembly elections were still held interritories under ROC control.[citation needed]

In accordance with the 76th interpretation of the 1947 Constitution by theJudicial Yuan in 1957, the NA formed part of a three-chambertricameral parliament together with the Legislative andControl Yuans[2] and was the senior most chamber of parliament, with the latter two performing regular legislative work in the absence of the Assembly. During the years when it elected or recalled the president and vice president, it acted as an electoral college with all its county representatives serving as electors.

Constitutional reforms in the 1990s

[edit]
Main article:Additional Articles of the Constitution of the Republic of China
The Secretariat of National Assembly inTaipei.

As a result of this decision, the same National Assembly, elected in 1947, remained for 44 years until 1991, when as part of a constitutional ruling aSecond National Assembly was elected. There was strong objection to the Assembly, which was derisively called the "Ten-thousand-year Congress" by critics.

Shortly after passing constitutional reforms in 1991, the National Assembly held direct elections in December. Following a 1994 constitutional amendment, the Assembly essentially became a permanentconstituent assembly, as the Assembly's other major role, to elect the President and Vice President of the Republic of China, was abolished. Direct elections for the president, vice president, and Assembly were held simultaneously in March 1996. However, these reforms granted it new functions, such as hearing the president's State of the Nation Address and approving the president's nominations of the grand justices and the heads of theExamination and Control Yuans. Following the assembly's abolition, these functions are now in the hands of the Legislative Yuan.

In 1999, the Assembly passed constitutional amendments which would link its election and term with the Legislative Yuan. Part of these amendments' effect was to extend the term of both bodies, which was strongly criticized by the public. ThePeople First Party was founded shortly after the2000 presidential election. The two larger parties, the Kuomintang andDemocratic Progressive Party, wished to bar thePeople First Party (PFP) from the National Assembly. As a result, the 2000 National Assembly elections were canceled, and delegates were to be selectedad hoc on the basis ofproportional representation via special election within six months of the Legislative Yuan proposing constitutional amendments, calling for the impeachment of the president or vice president, or declaring a vote on changes to national borders. However, no such situation arose from 2000 to 2004, and the National Assembly never met during this period.

Dissolution

[edit]

On 23 August 2004, the Legislative Yuan proposed a series of amendments that included dissolution of the National Assembly. The purpose of this proposal is to transfer power to ratify constitutional amendments and territorial amendments from the National Assembly to the people. Under the amendments, subsequent proposed amendments are to be approved by three-fourths of the present members in the Legislative Yuan, with at least three-fourths of all members present. It would then be promulgated for a period of 180 days and then submitted to a referendum, in which a simple majority of all eligible voters shall be sufficient to ratify the amendments. ADemocratic Progressive Party proposal authorizing citizens' initiative rights to propose constitutional amendments was withdrawn after it became clear that such a proposal would not pass the Legislative Yuan. Opponents of such constitutional reforms argued that by eliminating the 3/4 legislative vote requirement, a relatively small number of voters could force areferendum onTaiwan independence which would trigger a crisis with thePeople's Republic of China. By contrast, keeping the 3/4 legislative vote requirement would mean that any constitutional amendment would require a consensus among both thepan-green coalition andpan-blue coalition to be considered. The requirement that a majority of all voters approve the amendment allows for a party to block an amendment by boycotting the vote as was done with the referendums voted on alongside the March 2004 presidential elections.

Under the Constitution at the time, the National Assembly must then be elected to consider these amendments. Such consideration and eventual ratification of the constitutional amendments was originally considered to be a formality, but a number of unexpected complications occurred in 2005. The first was the poor showing of the People First Party (PFP) in the2004 Legislative Yuan election. The PFP was widely expected to merge with the KMT, but PFP ChairmanJames Soong became disenchanted by the idea. The second was the reluctance of theTaiwan Solidarity Union to pass the amendments. These amendments were seen by some Taiwan independence supporters as a prelude to a later declaration of independence, but the results of the 2004 election made this very unlikely. Faced with this outcome, the TSU became very reluctant to support a reform that would make elections by small parties such as itself harder.

Another unexpected event occurred which gave the National Assembly elections on 14 May 2005 more significance than had been intended: theelection was lined up immediately after trips to mainland China by KMT ChairmanLien Chan and PFP Chairman James Soong. This had the effect of turning the May 14 elections into an opinion poll on relations with mainland China which was undesired by the Democratic Progressive Party, though the DPP subsequently gained a plurality in the elections.

2005 Taiwanese National Assembly election result
Government249Opposition51
Democratic Progressive Party127Taiwan Solidarity Union21
Kuomintang117People First Party18
Chinese People's Party3Democratic Action Alliance [zh]5
Peasant Party1New Party3
Civil Party1Non-Partisan Solidarity Union2
Taiwan Independence Party1
Independent1
Endorse the constitutional amendmentOppose the constitutional amendment

On 7 June 2005, the 300 delegates voted (by a majority of 249 to 48) the constitutional amendments into effect, and so dissolved the National Assembly until the "unification of the country" as stated in the preamble.[3]

Functions

[edit]

The National Assembly held the most important constitutional powers within the national organs under the 1947constitution. All of its powers were transferred to the Legislative Yuan anddirect democracy exercised by thecitizens of thefree area after a series ofconstitutional amendments asAdditional Articles of the Constitution in the 1990s and early 2000s.

Functions of the National Assembly under 1947 ConstitutionCurrent implementation
Article 4Ratify alteration of the national territoryProposed byLegislative Yuan and
ratified by thecitizens of thefree area through anational referendum
Article 27Elect thePresident and theVice PresidentDirectpresidential elections by thecitizens of thefree area
Recall thePresident and theVice PresidentProposed byLegislative Yuan and
passed byTaiwanese people through arecall election
Article 27 and
Article 174
Amend theConstitutionProposed byLegislative Yuan and
ratified by thecitizens of thefree area through anational referendum
Ratify proposed Constitutional amendments fromLegislative Yuan
Article 30 and
Article 100
Vote on impeachment of thePresident or theVice President
received fromControl Yuan
Proposed byLegislative Yuan and
judged by theJustices of theJudicial Yuan in Constitutional Court

The series ofconstitutional amendments coined theAdditional Articles of the Constitution as the current fundamental law ofTaiwan. During the evolution of the Additional Articles, the National Assembly also held the power to confirm some important governmental officers to maintain theseparation of powers during the government reorganization.

OfficeOriginal Constitution (1947–1992)Additional Articles (1992–2000)Current implementation
Judicial YuanLeaders and members are nominated by thePresident
and confirmed by theControl Yuan (Article 79)
Leaders and members are
nominated by thePresident
and confirmed by the
National Assembly
Leaders and members are
nominated by thePresident
and confirmed by the
Legislative Yuan
Examination YuanLeaders and members are nominated by thePresident
and confirmed by theControl Yuan (Article 84)
Control YuanMembers are elected by provincial legislators (Article 91)
Leaders are elected by and from the members (Article 92)

Elections and terms

[edit]
Main article:Legislative elections in Taiwan
See also:Eternal Parliament

The Kuomintang-ledgovernment of the Republic of Chinaretreated to Taiwan in 1949, two years after thefirst election was held inChina. AsKuomintang insists to claim the sovereignty over the wholeChina, the term of the members were extended until "re-election is possible in their originalelectoral district." In response to the increasing democracy movement in Taiwan, limited supplementary elections were held inTaiwan starting from 1969 and parts ofFujian from 1972. Members elected in these supplementary elections served together with the members who were elected in 1948. This situation remained until a Constitutional Court (Judicial Yuan) ruling on June 21, 1991, that ordered the retirement of allmembers with extended terms by the end of year 1991.[4]

TermLengthActual servedElectionSeatsNote
1stInitially 6 years,
then limit removed by
Temporary Provisions
Mar 27, 1948—Dec 31, 1991
(SeeNote column for
detailed terms)
1947 election2961The only election held inmainland China. 19 delegates were elected inTaiwan.
1578 delegatesretreated to Taiwan with thegovernment, 565 delegates served until the end of 1991.
1969 supp15Elected in theFree Area, terms equal to the 1947-elected members
1972 1st supp53Elected in theFree Area with 6-year term; then extended to 8 years.
1980 2nd supp76Elected in theFree Area with 6-year term.
1986 3rd supp84Elected in theFree Area with 6-year term, served until the end of 1992, overlapping with the 2nd assembly.
2ndJan 1, 1992 to end of
8th President term
Jan 1, 1992—May 19, 19961991 election325Total re-election in theFree Area
3rd4 yearsMay 20, 1996—May 19, 20001996 election334
ad hoc1 monthMay 20, 2005—Jun 7, 20052005 election300Last election

Timeline of National Assembly elections and terms

National Assembly sessions

[edit]
TermSessionDateImportant decisionsDelegatesMeeting Place
1st1stMar 29, 1948—May 1, 19481947National
Great Hall
Nanjing
2ndFeb 19, 1954—Mar 25, 1954Zhongshan
Hall
Taipei
3rdFeb 20, 1960—Mar 25, 1960
interimFeb 1, 1966—Feb 8, 1966
4thFeb 19, 1966—Mar 25, 1966
5thFeb 20, 1972—Mar 25, 19721947,1969Chung-Shan
Building
6thFeb 19, 1978—Mar 25, 19781947,1969,1972
7thFeb 20, 1984—Mar 25, 19841947,1969,1980
8thFeb 19, 1990—Mar 30, 19901947,1969,1986
2nd interimApr 8, 1991—Apr 24, 1991
2ndinterimMar 20, 1992—May 30, 19921986,1991
2nd interimDec 25, 1992—Jan 30, 1993
3rd interimApr 9, 1993—Apr 30, 19931991
4th interimMay 2, 1994—Sep 2, 1994
5thJul 11, 1995—Aug 17, 1995
3rd1stJul 7, 1996—Aug 30, 19961996
2ndMay 5, 1997—Jul 23, 1997
3rdJul 21, 1998—Aug 10, 1998
Dec 7, 1998—Jan 25, 1999
4thJun 8, 1999—Sep 3, 1999
5thApr 8, 2000—May 19, 2000
ad hoc1stMay 30, 2005—Jun 7, 20052005

Leaders of the National Assembly

[edit]

Secretary-general

[edit]

When the Assembly is not in session, the secretary-general (Chinese:秘書長;pinyin:Mìshūzhǎng;Pe̍h-ōe-jī:Pì-su-tiúⁿ) is thede facto highest-ranking official, in charge of the overall affairs of the Assembly and supervising its staff. Note that the secretary-general is entitledacting secretary-general when the National Assembly is not in session.

No.NameConstituencyTerm of OfficePolitical PartyTermPresident
1Hung Lan-yu洪蘭友Not a member22 November 194728 September 1958Kuomintang1stChiang Kai-shek
2Ku Cheng-kang谷正綱Anshun,Guizhou15 December 195916 June 1966Kuomintang
3Kuo Cheng郭澄Yangqu,Shanxi16 June 196610 June 1972Kuomintang
Chen Chien-chung陳建中Fuping,Shaanxi10 June 197220 September 1976KuomintangChiang Kai-shek
Yen Chia-kan
4Kuo Cheng郭澄Yangqu,Shanxi20 September 197629 September 1980KuomintangYen Chia-kan
Chiang Ching-kuo
5Ho Yi-wu何宜武Shouning,FujianOctober 1980September 1990KuomintangChiang Ching-kuo
Lee Teng-hui
6Chu Shih-lieh朱士烈Zhushan,HubeiSeptember 1990January 1992KuomintangLee Teng-hui
7Chen Chin-jang陳金讓Party list31 January 1992September 1996Kuomintang2ndLee Teng-hui
8Chen Chuan陳川Party listSeptember 199619 May 2003Kuomintang3rdLee Teng-hui
Chen Shui-bian
Chien Lin Hui-chun錢林慧君Party list26 May 200531 May 2005Taiwan Solidarity Unionad hocChen Shui-bian
9Yeh Jiunn-rong葉俊榮Party list31 May 20057 June 2005Democratic Progressive Party

Presidium and Speaker

[edit]
Main articles:1991 Taiwanese National Assembly election,1996 Taiwanese National Assembly election, and2005 Taiwanese National Assembly election
  • The 1st and 2nd National Assemblies elected apresidium (Chinese:主席團;pinyin:Zhǔxítuán;Pe̍h-ōe-jī:Chú-se̍k-thoân) as the leader of the body.
  • The 3rd National Assembly elected aspeaker (Chinese:議長;pinyin:Yìzhǎng;Pe̍h-ōe-jī:Gī-tiúⁿ) and a deputy speaker (Chinese:副議長;pinyin:Fùyìzhǎng;Pe̍h-ōe-jī:Hù-gī-tiúⁿ) to lead the assembly.
  • The 2005ad hoc National Assembly reverted to electing apresidium (Chinese:主席團;pinyin:Zhǔxítuán;Pe̍h-ōe-jī:Chú-se̍k-thoân) as the leader of the body.
Speakers and Deputy Speakers of the 3rd National Assembly
No.SessionSpeakerDeputy SpeakerPresident
Starts onEnds onPortraitName
(Birth–Death)
Political PartyPortraitName
(Birth–Death)
Political Party
18 July 199613 January 1999Fredrick Chien
錢復
(1935–)
MNA for Nationwide KMT at-large №1
KuomintangHsieh Lung-sheng
謝隆盛
(1941–2006)
MNA for Nationwide KMT at-large №3
Kuomintang
Lee Teng-hui
(KMT)
213 January 19998 September 1999Su Nan-cheng
蘇南成[note 1]
(1936–2014)
MNA for Nationwide KMT at-large №8
KuomintangChen Chin-jang
陳金讓
(1935–)
MNA for Nationwide KMT at-large №2
Kuomintang
8 September 199919 May 2000Deputy Speaker served as the acting Speaker

The 2005ad hoc National Assembly elected a presidium with 11 members as follows:

Presidium of the 2005ad hoc National Assembly[5]
OrderNamePolitical PartyOrderNamePolitical Party
1Yeh Chu-lan葉菊蘭Democratic Progressive Party7Lee Yuan-chen李元貞Democratic Progressive Party
2Chen Chin-jang陳金讓Kuomintang8Nancy Chao趙麗雲Kuomintang
3Annie Lee李安妮Taiwan Solidarity Union9Hsu Chih-hsiung許志雄Democratic Progressive Party
4Yeh Yao-peng葉耀鵬People First10Ger Yeong-kuang葛永光Kuomintang
5Chou Ching-yu周清玉Democratic Progressive Party11Wellington Koo顧立雄Democratic Progressive Party
6Tsai Cheng-wen蔡政文Kuomintang

See also

[edit]

Notes

[edit]
  1. ^Resigned for forwarding a term-extension amendment, which was ruled unconstitutional by theJudicial Yuan.

References

[edit]
  1. ^Chen, C.M.Draft Of The Constitution Of The Republic Of China(PDF). The Chinese social and political science review [1916-1941]. pp. 539–571. Archived fromthe original(PDF) on 2022-10-24. Retrieved2022-10-24.
  2. ^司法院釋字第76號解釋,Judicial Yuan interpretation number 76 (English translation)
  3. ^BBC News "Taiwan assembly passes changes"
  4. ^中央選舉委員會歷次選舉摘要-國民大會代表選舉
  5. ^Presidium of the National Assembly

External links

[edit]
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