Government

The Office of the President, originally the governor-general's office during the Japanese occupation, continues to serve as the center of political power in Taiwan. (Courtesy of the Office of the President)

The Republic of China was founded by Dr. Sun Yat-sen in 1912 and is a sovereign state, which is described in the Constitution as “a democratic republic of the people, by the people, and for the people.”

The Constitution

The ROC Constitution is based on Dr. Sun Yat-sen’s Three Principles of the People 三民主義: Nationalism, Democracy, and People’s Livelihood. The Principle of Nationalism 民族主義 includes not only equal treatment and sovereign international status for the country, but also equality amongst all ethnic groups within the nation. The Principle of Democracy 民權主義 assures every individual the right to political and civil liberties. The Principle of People’s Livelihood 民生主義 states that the powers granted to the government must ultimately serve the welfare of the people by building a strong and prosperous economy and a fair and just society.

The ROC Constitution delineates the rights, duties, and freedoms of the people; the overall direction for political, economic, and social policies; and the organization and structure of the government. Modeled after US constitutional concepts, it guarantees various rights such as equality, work, livelihood, and property, as well as the political powers of election, recall, initiative, and referendum. In return, the people are obligated to pay taxes and perform military service as prescribed by law. Receiving an education is considered to be both a right and a duty of the people.

The ROC Constitution specifically guarantees the freedoms of speech, residence, travel, assembly, confidential communication, religion, and association. Other rights and freedoms, even if not specified in the Constitution, are still protected, so long as they do not violate social order or public interest. All actions taken by the state against a citizen-such as arrest, trial, and punishment─must be conducted strictly according to legal procedures. If the government violates a person’s human rights while processing a case, the victim is entitled to compensation by the state.

Governmental Structure

There are three distinct levels of government in the ROC. The central level consists of the presidency, the five Yuan (Executive, Legislative, Judicial, Examination, and Control), and the National Assembly 國民大會. The provincial/special municipality level consists of the Taiwan and Fuchien provincial governments and the governments and councils of the two special municipalities 直轄市 of Taipei and Kaohsiung. The local level consists of five provincial municipalities 省轄市 and 16 county governments, along with the governments of their subordinate cities. The constitutional amendment of July 23, 1997, downsized the provincial government, placing the Taiwan and Fuchien administrations under the central government with councils nominated by the premier and appointed by the president.

Central Government

The structure of the ROC government has a horizontal system of checks and balances in which the five highest branches of the central government administer the country. These five branches are the Executive Yuan 行政院, Legislative Yuan 立法院, Judicial Yuan 司法院, Examination Yuan 考試院, and Control Yuan 監察院.

The president of the Republic of China is the highest representative of the nation. In the past, the National Assembly elected the president; however, since March 1996, the people of Taiwan have directly elected both the president and vice president. President Chen Shui-bian 陳水扁 and Vice President Lu Hsiu-lien 呂秀蓮 are the current heads of state for the Republic of China.

The president of the Republic of China can hold his office for a maximum of two consecutive four-year terms. As the head of state, the president represents the country in all foreign relations and state functions; furthermore, all acts of state are conducted in his name. The president’s duties include commanding the land, sea, and air forces; promulgating laws and decrees; declaring martial law, subject to confirmation by the Legislative Yuan; concluding treaties; declaring war and making peace; convening the National Assembly; granting amnesty and commutations; appointing and removing civil officials and military officers; and conferring honors and decorations. All powers exercised by the president must be carried out in accordance with the provisions of the Constitution and other relevant laws.

Following six constitutional amendments made between April 1991 and 2000, the National Assembly is now a non-standing body whose functions have mostly been transferred to the Legislative Yuan. In accordance with the laws passed by the Legislative Yuan, the 300 delegates of the National Assembly are now selected by political parties on the basis of proportional representation. The few powers retained by the body include voting on constitutional amendments, presidential impeachment, or alteration of the national boundaries, as proposed by the Legislative Yuan. Its former powers, such as hearing a report on the state of nation by the president each year and approving the president’s nominations for grand justices and heads of the Examination and Control Yuan, have all been transferred to the Legislative Yuan.

The ROC Cabinet is headed by the premier and consists of various ministers and commission chairmen under the Executive Yuan. Subordinate organizations under the Executive Yuan include the Executive Yuan Council; the eight ministries (interior, foreign affairs, national defense, finance, education, justice, economic affairs, and transportation and communications); the Mongolian and Tibetan Affairs Commission, Overseas Chinese Affairs Commission, Directorate General of Budget, Accounting and Statistics, and the Government Information Office; and other subordinate organizations, such as departments, commissions, councils, administrations, and ad hoc committees.

The Legislative Yuan is the highest legislative body of the state, consisting of popularly elected representatives who serve for three years and are eligible for reelection. The 255 members of the Fifth Legislative Yuan were elected in December 2001. The powers of the Legislative Yuan, which are only exercised on behalf of the people, include confirming emergency orders made by the ROC president; hearing reports on administration, revisions of government policy, and a report on the state of nation by the president each year; examining budgetary bills and audit reports; practicing the right of consent over the appointment of the presidents of the Control, Examination, and Judicial Yuans; proposing amendments to the ROC Constitution; settling disputes concerning self-governance; initiating impeachment proceedings against the ROC president and vice president; and overseeing the operation of the Executive Yuan.

The Judicial Yuan is the highest judicial body of the state, with the Council of Grand Justices as its main body. The Seventh Council of Grand Justices consists of 15 grand justices, including the president and vice president of the Judicial Yuan. The grand justices are appointed by the ROC president and confirmed by the Legislative Yuan. Subordinate units of the Judicial Yuan include the Supreme Court, high courts, district courts, the Supreme Administrative Court, the High Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries. In addition to exercising administrative supervision of Taiwan's court system, the Judicial Yuan also enforces judicial independence from the other branches of government in accordance with the Constitution.

The Examination Yuan is responsible for the examination, employment, and management of all civil service personnel in the Republic of China. It consists of a president and 19 members, all of who are appointed to six-year terms by the ROC president and confirmed by the Legislative Yuan. In addition to overseeing exams, the Examination Yuan manages qualification screening, security of tenure, pecuniary aid in case of death, retirement of civil servants; and all legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation, and award of civil servants. The examination system used in Taiwan applies to all appointed and elected civil servants, as well as to specialized professionals and technicians hired by the government both locally and from abroad.

The Control Yuan is responsible for correcting government officials at all levels and monitoring the government through the powers of impeachment, censure, and audit. The Control Yuan’s 24 members, including its president and vice president, are appointed to six-year terms by the ROC president and confirmed by the Legislative Yuan. They are not allowed to hold any other public office, engage in other professions, or have any political party affiliation. The Control Yuan exercises its power of audit through its Ministry of Audit 審計部, which is responsible for auditing all government expenditures at the central, provincial, municipality, county, and city levels.

Provincial and Special Municipality Governments

A provincial government is the highest local administrative organization prescribed by the ROC Constitution, though at the present time, Taiwan is the only complete province under the ROC’s effective control. In accordance with Article 9 of the Additional Articles of the ROC Constitution, the Taiwan Provincial Assembly was abolished on December 20, 1998. The Taiwan Provincial Government now consists of an eight-member council─including a governor who is nominated by the premier and appointed by the ROC president─that is responsible for the various provincial administrative functions. With the abolishment of the Taiwan Provincial Assembly, many former positions within the provincial government were eliminated or gradually merged with other levels of government. The Fuchien Provincial Government is responsible for administering Kinmen and Lienchiang Counties.

Taiwan’s special municipalities are considered equivalent in status to a province, and thus receive partial funding from the central government. Special municipalities have popularly elected mayors and city councils. Taiwan currently has two special municipalities: Taipei City and Kaohsiung City.

County and Provincial Municipality Governments

Provincial municipalities are under direct provincial jurisdiction, whereas county municipalities 縣轄市 are under direct county jurisdiction. There are five provincial municipalities, namely Keelung, Hsinchu, Taichung, Chiayi, and Tainan, and 32 county municipalities in Taiwan.

Every city and county in Taiwan has its own respective city/county government and city/county council. Mayors head city governments, while magistrates manage county governments. All councilors, mayors, and magistrates are elected to office by popular vote.

Government Reform

The ROC has placed government reform at the top of its administrative agenda, with the aim of establishing a highly efficient, responsible, and adaptable entity that is capable of coping with different changes. Government reform is a comprehensive plan engineered as the basis for enhancing national competitiveness, which is a prerequisite for advancing national development. The goal is to transform the entire government into a streamlined, flexible, innovative, and resilient organization that functions like a well-managed private company. To achieve this end, government agencies are being streamlined to roughly two-thirds their present size, the functions and organization of the central government are being customized to adapt to current needs, a more flexible hierarchy and personnel structure is being planned and promoted for bureaucratic organizations, and the budgetary system is being modified.