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
The appearance of an actual three-power administration--army,
government, Party--has led to the sharp relative decrease in importance
of the four further _Yüan_. The Judicial _Yüan_ (_Ssŭ-fa Yüan_) was
even in peace time the least important of the five divisions of the
government, failing to display--as an American might expect--a tendency
toward effective judicial independence to counterweight the executive
and legislative. The Legislative _Yüan_ (_Li-fa Yüan_), while
exceedingly active in the years between the Mukden and Loukouchiao
incidents, has been reduced in importance by the coming of hostilities.
Its work has been confined largely to drafting the Permanent
Constitution, and continued codification of administrative
law--particularly for coordination of central government and war area
(occupied China) affairs.[25] The Examination _Yüan_ (_K'ao-shih Yüan_)
has attempted to continue in the field of civil service reform, and the
Control _Yüan_ (_Chien-ch'a Yüan_) has maintained war-time efforts.
[Footnote 25: Statement to the author by Sun K'ê (Sun Fo), President
of the Legislative _Yüan_, Chungking, July 17, 1940. A summary of the
work of the _Yüan_ will be found in various issues of _The Chinese
Year Book_; in Escarra, Jean, _Le Droit Chinois_, cited above,
containing bibliographies; and in Tyau, M. T. Z., "The Work and
Organization of the Legislative _Yüan_," _The China Quarterly_, Vol.
2, No. 1 (Christmas Number, 1936), p. 73-88.]
The Legislative _Yüan_, under the _Yüeh Fa_ of 1931, consists of a
_Yüan-chang_, a _Fu-yüan-chang_, and forty-nine to ninety-nine members
(_Li-fa Wei-yüan_), appointed by the Supreme National Defense Council
for a two-year term upon nomination by the _Yüan_ President. The term's
shortness increases the dependence of members upon the President, and
transforms the _Yüan_ to a legislative study institute. Furthermore, the
newly-developed People's Political Council has assumed the function of
representation. The President of the _Yüan_ retains sole and arbitrary
power over the agenda, the final decision, and the allocation of
personnel, although the incumbent, Dr. Sun K'ê, is one of China's
leading moderates and an exponent of constitutional process, not likely
to exercise arbitrary power.
Apart from its significant constitutional powers, which remain
unimpaired, the _Yüan_ finds much of its work performed at present
through ordinances of the Supreme National Defense Council,
administrative action of the Executive _Yüan_, or commands by the
Military Affairs Commission. The jurisdiction retained includes:
(1) general legislation;
(2) the budget;
(3) general amnesty;
(4) declaration of war (never exercised);
(5) declaration of peace;
(6) "other important matters" (which, in practice, has
referred to the more open and solemn aspects of
treaty-making, and whatever topic may be assigned the _Yüan_
by the highest Party agency).[26]
Public-domain text, read in full here on John Shaqi.
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