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
This Chapter contemplates the creation of a strong President. In the
Organic Law of 1928, the five Presidents of the _Yüan_ were relatively
less strong, and the Chairman of the _Kuo-min Chêng-fu Wei-yüan-hui_
(National Government Council; or, Council of State) was the key figure
in the government. Most of this time, Chiang himself was Chairman. In
the 1931 Provisional Constitution, now in force, the Chairman of the
National Government--termed President by courtesy--is an officer
comparable to the President of the Third French Republic; the President
of the Executive _Yüan_ is a more active officer: Chiang K'ai-shek is
President of the Executive _Yüan_. The new President, under the Draft
Constitution, is one of the world's most powerful officers. Holding
office for six years, eligible for re-election, commander of all armed
forces, declarer of war, negotiator of peace, treaty-maker, chief
appointing and removing officer of the state, holder of an emergency
power greater than that conveyed by Article 48 of the German Weimar
Constitution, and superior to the executive, legislative, judicial,
examinative and control branches of the government--such a President is
fully responsible to the triennial People's Congress, and to that only!
Since the proposed President may be recalled at any time by the People's
Congress, he is in that respect similar to parliamentary chiefs of
state.[9]
[Footnote 9: See Sun Fo [President of the Legislative _Yüan_, and son
of Sun Yat-sen], "The Spirit of the Draft Permanent Constitution," in
_The China Quarterly_, Vol. V, No. 3 (April 1940), Shanghai, p.
377-84.]
The President of the Executive _Yüan_, together with his subordinates,
is to be appointed and removed by the President of the Republic. The
_Yüan_ includes Cabinet Ministers--appointed to their posts from among a
special group of Executive Members of the _Yüan_, thereby providing a
simple, rational equivalent of Cabinet and Privy Council, as in Japan or
(less similarly) in Great Britain.
The Legislative _Yüan_ is an interesting semi-cameral legislative body,
which seeks to embody the better features of legislative research organs
and of representative bodies. The Judicial _Yüan_ rationalizes the
structure and administration of courts and of judicial process.
The Control [or Censor] _Yüan_ is, like the Legislative _Yüan_, a
quasi-cameral body, with indirect election of members by the People's
Congress from territorial electorates. Its functions are audit, inquiry,
and impeachment, with such ancillary powers as practice to date has
already indicated.[10]
[Footnote 10: See Appendix I (F), p. 318-24, below.]
Public-domain text, read in full here on John Shaqi.
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