The China of Chiang K'ai-Shek: A Political StudyLinebarger, Paul Myron Anthony
History
The China of Chiang K'ai-Shek: A Political Study
Linebarger, Paul Myron Anthony
Chiang, Kai-shek, 1887-1975; China -- Politics and government -- 1912-1949
According to Article 46, Chapter VIII of the Organic Law of the National
Government, the Control _Yüan_ is "the highest supervisory organ of the
government, obliged to exercise the power of impeachment and auditing in
accordance with law." Since the beginning of our resistance against the
Japanese invasion, the powers of control have been gradually
strengthened so as to meet the demands of this critical time. A static
control has developed into a dynamic one; that is, more emphasis is laid
upon prevention than upon correction. Therefore the duties of the office
become heavier and more complicated, as its work becomes more
intensified. But the influence which the _Yüan_ has exercised over
Chinese politics as a whole becomes also wider and wider. In this
report, we are going to describe the activities of the _Yüan_ under the
two headings of the Control _Yüan_ and the Ministry of Audit.
THE CONTROL YÜAN:
The function of auditing is performed by the Ministry of Audit,
subsidiary to the _Yüan_. What is directly performed by the _Yüan_ is
impeachment. On the authority of the Impeachment Act, any motion of
impeachment, after being proposed by some control Committee or control
Commissioner, is to be reviewed by three other control Committees. If
the bill is passed by the three, the accused must be punished. Whenever
a bill is rejected and its proponent does not agree to the rejection,
the bill shall be reviewed once more by five other committees whose
determination shall be final. Furthermore, emergency relief measures may
be requested, according to the urgency of the occasion; and in order to
facilitate the performance of its functions, the _Yüan_ is permitted to
investigate the documents of other offices as well as to demand
explanations from them. The initiation of a motion of impeachment must
be based upon one of the three following conditions:
_a._ Article 2, Impeachment Act: "If any illegal action or negligence of
duty of an official be discovered, the Control _Yüan_ itself is
permitted to bring an impeachment against him."
_b._ Article 4, Regulations for the Execution of Government Rights; and
Article 11, Act for the Punishment of Officials: "Specified officials
may be impeached on demand of the superior who has submitted the case of
his guilty subordinate to the Control _Yüan_."
_c._ "If an official be accused by the people, the case must be
investigated. If the accusation prove to be true, the accused shall be
impeached."
Although it is very prudent that the legislators have obliged the
impeaching officers to take such steps as investigation, motion, and
review, yet in this critical time these complicated measures must be
considered too slow to keep pace with the development of affairs.
Public-domain text, read in full here on John Shaqi.
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