Eleanor Finch
The Constitution of the Republic of China was first drafted by the Kuomintang (KMT) in 1913 as part of its third stage of national development. It established a centralized republic with five branches of government. The Provisional Constitution of the Republic of China was then formed in 1912 and was the basic government document until 1928. The current Constitution of the People's Republic of China was adopted in 1982 and has been revised multiple times since. It is the fundamental law of the state and has supreme legal authority. The Constitution establishes China as a democratic republic of the People, by the people, and for the people.
| Characteristics | Values |
|---|---|
| Current Constitution | Adopted in 1982, with five subsequent revisions |
| Number of Chapters and Articles | 4 chapters and 143 articles |
| Type of Government | Socialist state under the people's democratic dictatorship |
| Basis of the System | Socialist public ownership of the means of production |
| Rights and Duties of Citizens | Equality before the law, freedom of speech, assembly, religion, etc. |
| Legislative Power | Vested in the National People's Congress and its Standing Committee |
| Executive Power | Executed by the State Council and its Standing Committee |
| Origins | Traces back to the end of the Second Sino-Japanese War |
| Drafting | First drafted by the Kuomintang (KMT) |
| Ratification | Ratified by the Kuomintang on December 25, 1946 |
| Implementation | Implemented on December 25, 1947 |
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What You'll Learn
The Kuomintang (KMT) drafted the constitution
The Kuomintang (KMT) is a major political party in the Republic of China (Taiwan). It was the ruling party of the country from 1927 to 1949 when it ruled over mainland China, before relocating to Taiwan. The KMT is a centre-right to right-wing party and is the largest in the Pan-Blue Coalition, one of the two dominant political groups in Taiwan.
The KMT was founded by Sun Yat-sen in 1894 in Honolulu, Hawaii, as the Revive China Society. In 1919, Sun reformed the party in Shanghai, giving it its current name. The KMT's constitution designated Sun as the party president. After his death, the party decided to keep this designation, honouring him as the "Permanent Prime Minister".
The KMT played a significant role in drafting the Constitution of the Republic of China. The Provisional Constitution of the Republic of China, which was in effect from 1912 to 1928, provided for a Western-style parliamentary system with a weak president. However, this system was usurped by President Yuan Shikai, who regularly flouted the elected assembly and assumed dictatorial powers.
In 1928, the KMT, under Chiang Kai-shek, established control over much of China. The KMT promulgated the Provisional Constitution of the Political Tutelage Period on May 5, 1931. The KMT also drafted the original Constitution of the Republic of China, which was completed in 1913. This constitution established a centralised republic with "five branches of government". The KMT intended for this constitution to pave the way for representative democracy in China.
The final version of the constitution was ratified by the KMT during the Constituent National Assembly session on December 25, 1946, in Nanjing. The constitution was promulgated by the National Government on January 1, 1947, and officially went into effect on December 25, 1947. This constitution was seen as the culmination of the KMT's three stages of national development and reconstruction of China.
The KMT has a strong tradition of defending the established institutions of the Republic of China, including its constitution. The party strongly adheres to the idea that the ROC is the sole legitimate representative of all of China. The KMT also defends Sun Yat-sen's political philosophy of the Three Principles of the People, which are enshrined in the constitution.
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Chiang Kai-shek received the ratified constitution
The Constitution of the Republic of China was ratified by the Kuomintang (KMT) during the Constituent National Assembly session on 25 December 1946, in Nanking. It was adopted on 25 December 1947 and went into effect on the same day the following year.
The constitution was received by Chiang Kai-shek, the chairman of the Nationalist Government, from Wu Zhihui, chairman of the National Constituent Assembly. Chiang was also elected as the first president of the Republic of China under the constitution by the National Assembly in 1948.
Chiang Kai-shek was a Chinese politician, revolutionary, and general who led the Republic of China from 1928 until his death in 1975. His government was based in mainland China until it was defeated in the Chinese Civil War by the Chinese Communist Party (CCP) in 1949. After this, Chiang continued to lead the Republic of China on the island of Taiwan.
Chiang became the de facto leader of the KMT or the Chinese Nationalist Party in 1925. He was a founding member of the KMT and head of the Whampoa Military Academy from 1924. He also served as the commander-in-chief of the National Revolutionary Army (NRA) from 1926 until his death.
Under Chiang's leadership, the Republic of China government enacted a women's quota in parliament, with reserved seats for women. The KMT supported women's suffrage and education and the abolition of polygamy and foot binding. Chiang's government also promoted the ideals of Tridemism, including democracy, republicanism, science, constitutionalism, and Chinese nationalism.
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The constitution was ratified in 1946
The Constitution of the Republic of China was ratified on 25 December 1946, in Nanking, by the Kuomintang during the Constituent National Assembly session. It was adopted on 25 December 1947, promulgated by the National Government on 1 January 1947, and officially went into effect on 25 December 1947.
The Constitution was the fifth and current constitution of the Republic of China (ROC) and was intended for the entire territory of the ROC. However, it was never extensively or effectively implemented due to the outbreak of the Chinese Civil War in mainland China. The Constitution was based on the Three Principles of the People: nationalism, democracy, and the livelihood of the people. It established a centralised republic with five branches of government.
The Constitution was drafted by the Kuomintang (KMT) as part of its third stage of national development, moving towards representative democracy. The impending outbreak of the Chinese Civil War pressured Chiang Kai-shek into enacting a democratic Constitution that would end KMT one-party rule. The Communists sought a coalition of one-third Nationalists, one-third Communists, and one-third other parties to form a government that would draft the new constitution.
The Constitution was seen as the third and final stage of Kuomintang reconstruction of China. The Communists boycotted the National Assembly and declared that they would not recognise the ROC Constitution or any bills passed by the Nationalist administration. However, their boycott did not prevent the Assembly from electing Chiang Kai-shek and Li Zongren as president and vice president, respectively.
The Constitution of the Republic of China has been amended several times, with the most recent revision taking place in 2004.
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The constitution was adopted in 1947
The Constitution of the Republic of China was ratified by the Kuomintang during the Constituent National Assembly session on 25 December 1946 in Nanking and adopted on 25 December 1947. It is the fifth and current constitution of the Republic of China (ROC) and remains effective in ROC-controlled territories. The constitution was first drafted by the Kuomintang (KMT) as part of its third stage of national development, establishing a centralised republic with "five branches of government". The impending outbreak of the Chinese Civil War pressured Chiang Kai-shek into enacting a democratic constitution that would end KMT one-party rule.
The constitution was intended for the entire territory of the Republic of China, but due to the civil war, it was never extensively or effectively implemented. The newly elected National Assembly soon ratified the Temporary Provisions against the Communist Rebellion on 10 May 1948, which granted the Kuomintang-led government of the ROC extra-constitutional powers.
The Constitution of the Republic of China outlines the basic national policies and establishes the leadership of the Chinese Communist Party (CCP). It affirms that the Republic of China is founded upon the Three Principles of the People: Minzu (nationalism), Minquan (democracy), and Minsheng (the livelihood of the people). It establishes China as a "democratic republic of the People, by the people, and for the people".
The Constitution also specifies the basic civil rights and duties of the people, including four political rights: the election of public officials, recall of public officials, legislative initiative, and referendum. It is worth noting that attempts to create a new constitution during the DPP President Chen Shui-bian's second term failed due to Kuomintang control of the Legislative Yuan. It was agreed to reform the Constitution of the Republic of China rather than create a new one.
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The constitution was revised in 2004
The Constitution of the Republic of China was first drafted by the Kuomintang (KMT) in 1913. It established a centralized republic with five branches of government. The constitution was ratified by the Kuomintang during the Constituent National Assembly session on December 25, 1946, in Nanking, and adopted on December 25, 1947.
The constitution has undergone several revisions since its adoption. The most recent revision took place in 2004, with amendments made to include guarantees regarding private property and human rights. The 2004 revision affirmed that "legally obtained private property of the citizens shall not be violated" and that "the State respects and protects human rights". This revision was seen as progress for Chinese democracy and a recognition of the growing middle class in the booming Chinese economy, who sought protections for their private property.
Prior to the 2004 revision, the Constitution faced pressure from the growing democratization on Taiwan in the late 1980s and the mortality of the delegates elected in 1947. In 1991, the first National Assembly voted itself out of office and adopted major amendments, permitting free elections. In 1992, further amendments were passed, notably allowing the direct election of the President of the Republic of China.
The 2004 revision also built upon a series of amendments passed in the 1990s. After several rounds of constitutional revisions, the President became elected through universal free elections in 1996. The 1997 amendments streamlined the Taiwan Provincial Government and granted the Legislative Yuan powers of impeachment.
The 2004 revision was not without controversy. In the 1990s and early 2000s, supporters of Taiwan independence pushed for a new Taiwanese constitution due to the Constitution's origins in mainland China. However, attempts to create a new constitution failed, and it was only agreed to reform the existing Constitution. In December 2003, the United States announced its opposition to any referendum that would move Taiwan toward formal "independence", which was seen as a response to Chen Shui-bian's constitutional proposals.
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Frequently asked questions
The Kuomintang (KMT) drafted the constitution as part of its third stage of national development.
The Provisional Constitution of the Republic of China was drawn up in March 1912 and formed the basic government document until 1928. The current constitution was adopted in 1982.
The impending outbreak of the Chinese Civil War pressured Chiang Kai-shek into enacting a democratic constitution that would end KMT one-party rule.
