The 'National Assembly of the
Republic of China' () refers to several
parliamentary bodies that existed in the
history of the Republic of China. The
National Assembly was originally founded in 1913 as the first
legislature in
Chinese history, but was disbanded less than a year later as
President Yuan Shikai assumed dictatorial power. During the
warlord era, the National Assembly was resurrected and disbanded more than once as different warlords vied for power and legitimacy. The last continuous National Assembly was established under the framework of the 1947
Constitution of the Republic of China as a
constitutional convention and
electoral college and called into place in 1948. It was transplanted to
Taiwan in 1949 after the
Kuomintang lost
mainland China in the
Chinese Civil War. In the 1980s and 1990s, its parliamentary powers were gradually transferred to the
Legislative Yuan before constitutional amendments made it a dormant body in 2000 and fully defunct in 2005.
Early Republican period
Calls for a National Assembly were part of the platform of the
revolutionaries who overthrew the
Qing Dynasty. In response, the
Qing Dynasty formed the first assembly in
1910 but it was virtually powerless and intended only as an advisory body. After the
Xinhai Revolution, elections yielded the
bicameral 1913 National Assembly but significantly less than one percent voted due to gender, property, tax, residential, and literacy requirements. The poll was indirect as voters chose
electors who picked the delegates which caused instances of bribery. The president had to pick the 64 members representing
Tibet,
Outer Mongolia, and
Overseas Chinese due to practical reasons. However, these elections had the participation of over 300 civic groups and were the most competitive nationwide elections in Chinese history. The election results gave a clear majority for the Nationalists but there was confusion as many candidates were members in several parties concurrently. The Republican, Unity, and Democratic (formerly Constitutionalist) parties later merged into the
Progressive Party under
Liang Qichao.
Kuomintang leader
Song Jiaoren was expected to become
premier but he was assassinated on
March 20. An investigation linked the crime to Premier
Zhao Bingjun and possibly the provisional president, Yuan Shikai. The assembly convened for the first time on
April 8 amid heated debate over the assassination. The Kuomintang was divided over solutions on how to deal with Yuan.
Sun Yat-sen led a faction to rebel against Yuan on
July 12 but was completely defeated within two months. The National Assembly members were compromised by threats and bribes from Yuan. He confined them and forced them to elect him formal president. Next, he outlawed the Kuomintang and expelled them from the assembly. Without a
quorum, it could not convene so Yuan disbanded it on
10 January 1914.
After Yuan died, the National Assembly reconvened on
1 August 1916 under the pretext that its three year term was suspended not expired, but President
Li Yuanhong was forced to disband it due to military pressure on
13 June,
1917. Many members (mostly Kuomintang) moved to
Guangzhou where they held an "extraordinary session" on
25 August under a rival government led by Sun Yat-sen. Lacking a quorum, they selected new members in
1919.
In
Beijing, Premier
Duan Qirui formed a new assembly dominated by his
Anhui clique's political wing, the Anfu Club, on
12 August 1918 to elect
Xu Shichang to the presidency. This assembly met until
30 August 1920 when the Anhui clique was defeated by the
Zhili clique. Xu held national elections in
1921 but only eleven provinces responded so that assembly never convened.
In
1922, Li Yuanhong was brought back to the Beijing presidency and he recalled the 1913 one again minus the 1919 "extraordinary" additions under the same pretext that its three years are not finished. Because Sun's Guangzhou regime was in disarray due to
Chen Jiongming's rebellion, most members returned to Beijing for its
August 1 session. The assembly was thoroughly discredited when it elected
Cao Kun president after being bribed in
1923. To cover its shame, the assembly hastily finished the constitution it was working on for a decade. It was finally dissolved after
Feng Yuxiang's coup on
24 November 1924. This assembly's three year term was spread out over eleven years and was marked by corruption, factionalism, absences, and endless debate.
1947 Constitution
In
1947, the
Kuomintang promulgated a new constitution and its first National Assembly met in
1948 in
Nanjing, then the Chinese capital. Shortly afterwards in
1949, the
Mainland fell to the
Communists in the
Chinese Civil War, and the National Assembly (along with the entire ROC government) was transplanted to
Taipei.
The first National Assembly was to have been elected for a period of only seven years. However, according to the
Kuomintang (KMT) leadership, the fall of the Mainland made it impossible to hold new elections, as all Mainland provinces were undergoing "Communist rebellion". As a result, the
Judicial Yuan decided that the original members of the National Assembly would continue to hold office until the
Communists could be defeated on the Mainland and legitimate ROC rule of all of China restored.
Reforms in the 1990s
As a result of this decision, the same National Assembly, elected in
1947, remained until
1991, when as part of a constitutional ruling a Second National Assembly was elected.
Originally, the National Assembly elected the
President and Vice President of the Republic of China. A subsequent constitutional amendment abolished this role and established direct popular elections for the two offices. Most of its other former 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 the
Examination and
Control Yuans, are now the functions of the
Legislative Yuan.
After the
1991 passage of constitutional reforms, there was strong objection to the new form of the Assembly, which had essentially become a permanent constitutional convention. Because of this, in
2000 the National Assembly was suspended. From 2000 to
2005, the 300 assembly members were selected ''
ad hoc'' on the basis of
proportional representation by a special election within six months of proposal by the Legislative Yuan to amend the Constitution, impeach the president or vice president, or change national borders.
Abolition
On
August 23,
2004, the Legislative Yuan passed a series of amendments that included abolishing the National Assembly. Based on these proposals, amendments are to be approved from three-fourths of the quorum of members of the Legislative Yuan. This quorum requires at least three-fourths of all members of the Legislature. After a mandatory 180-day promulgation period, the amendments are then to be ratified by at least fifty percent of ''all'' eligible voters of the ROC ''irrespective'' of voter turnout. A
Democratic Progressive Party (DPP) 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 a
referendum on
Taiwan independence which would trigger a crisis with the
People'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 the
pan-green coalition and
pan-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 the March 2004 ROC Presidential elections.
Under the Constitution, the National Assembly must then be activated to ratify these amendments. Such ratification of the constitutional amendments was originally considered to be a formality, a number of unexpected complications occurred in 2005. The first was the poor showing of the
People's First Party (PFP) in the
2004 Legislative Yuan election. The PFP was widely expected to merge with the KMT, but PFP Chairman
James Soong became disenchanted by the idea. The second was the reluctance of the
Taiwan 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.
One final unexpected outcome occurred which gave the National Assembly elections on
May 14,
2005 more significance that was originally intended. The
National Assembly election was lined up immediately after trips to
mainland China by KMT Chairman
Lien 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.
On
June 7,
2005 the 300 delegates voted (by a majority of 249 to 48) the constitutional amendments into effect, and so effectively abolished the National Assembly.
External link
★
Official National Assembly website