ROC Taiwan 2002

ROC Yearbook 2002

Government

The Presidency

The president of the Republic of China is the head of state and is granted specific constitutional powers to conduct national affairs. Scores of agencies and advisors, including senior advisors, national policy advisors, military advisors, and organizations and institutions such as the Academia Sinica 中央研究院, Academia Historica 國史館, National Security Council 國家安全會議, and National Unification Council 國家統一委員會 provide information on state affairs to the president.

The May 20, 2000, inauguration of President Chen Shui-bian (for more information, see Biographies) as the tenth-term president of the ROC, demonstrated that Taiwan's democratic system had further matured. The Nationalist Party (KMT) lost its 50-year hold on the presidency in Taiwan and was peacefully replaced by the Democratic Progressive Party (DPP), despite the threat of possible military action by the Chinese mainland.

Functions

As head of state, the president represents the country in foreign relations and at state functions. All acts of state are conducted in the president's name: commanding the land, sea, and air forces; promulgating laws and decrees; declaring martial law with the approval of the Legislature; concluding treaties; declaring war and making peace; convening the National Assembly; granting amnesty and commutations; appointing and removing civil service officials and military officers; and conferring honors and decorations. All these powers must be exercised in accordance with the provisions of the Constitution and the law.

Special Powers

Nominating Officials

Special Powers The president appoints the president of the Executive Yuan (premier), and with the consent of the Legislature, appoints the president 院長, vice president 副院長, and the grand justices 大法官 of the Judicial Yuan; the president, vice president, and members of the Examination Yuan; and the president, vice president, auditor-general 審計長, and members of the Control Yuan.

Resolving Inter-Branch Disputes

In the event of a dispute among the various branches, such as a controversy between the Executive Yuan and the Legislative Yuan, the president may intervene to seek a solution. Article 44 of the Constitution states: "In case of disputes between two or more branches other than those for which there are relevant provisions in the Constitution, the president may call a meeting of the presidents of the branches concerned for consultation with a view to reaching a solution."

Exercising Emergency Powers

According to Article 2 of the Additional Articles of the Constitution of the Republic of China, the president may, by resolution of the Executive Yuan Council, issue emergency orders and take all necessary measures to avert an imminent threat to the security of the state or the people, or to cope with any serious financial or economic crisis, without being subject to the restrictions prescribed in Article 43 of the Constitution. However, such orders must be presented to the Legislature for confirmation within ten days. Should the Legislature withhold confirmation, such emergency orders shall immediately cease to be valid.

Dissolving the Legislative Yuan

The president may, within ten days following passage by the Legislative Yuan of a no-confidence vote against the premier, declare the dissolution of the Legislative Yuan after consulting with its president. However, the president may not dissolve the Legislative Yuan while martial law or an emergency order is in effect. Following the dissolution of the Legislative Yuan, an election for legislators will be held within 60 days. The new Legislative Yuan will convene of its own accord within ten days after the results of the election have been confirmed, and the term of the new Legislative Yuan will begin on that date.

Following the dissolution of the Legislative Yuan by the president and prior to the inauguration of its newly elected members, the Legislative Yuan is in recess.

The Office of the President

Administration

On January 5, 1996, the 50-year-old Organic Law of the Presidential Office 總統府組織法 was revised to meet current needs, and the new law took effect on February 24, 1996. The secretary-general to the president administers the affairs of the Office of the President, directs and supervises staff members, and is assisted by two deputy secretaries-general.

The bureaus and offices under the Office of the President perform the following functions: The First Bureau 第一局 is in charge of promulgating laws and decrees, translating documents into foreign languages, and other general political affairs. The Second Bureau 第二局 is in charge of conferring honors, safekeeping seals, and distributing official documents. The Third Bureau 第三局 is in charge of holding the inauguration ceremony of the president and vice president and arranging and receiving foreign guests of the president and vice president. The Code Office 機要室 is in charge of telegraphic correspondence and national archives. The Department of Security Affairs 侍衛室 is in charge of security. The Department of Public Affairs 公共事務室, established in January 1996, is in charge of public relations.

Subordinate Offices

There are four institutions under the direct administrative supervision of the Office of the President: Academia Sinica, Academia Historica, the National Unification Council, and the National Security Council.

Academia Sinica, the leading research institution in the ROC, was established in Nanjing on June 9, 1928, to conduct scientific research and to direct, coordinate, and promote scientific research throughout the ROC. Although it is a unit of the government, Academia Sinica enjoys virtually independent status. The most important body within Academia Sinica is the Assembly of Members 院士會議. The members, commonly known as academicians 院士, are elected for life from among distinguished Chinese scholars. On July 6, 2000, 22 new members--12 from outside the ROC and ten based in Taiwan--were elected. The 22 new members brought the total number of academicians to 213. Their duties include formulating national research policy and pursuing specific research at the request of the government. As of mid-2001, the Academia Sinica had 25 institutes, six of which are in the preparatory stage, including the two newly established Institute of Bioagriculture and Institute of Linguistics. The Academia Sinica is staffed by 1,150 full-time research fellows.

Academia Historica was founded in 1914 and was reestablished in Taiwan 43 years later. It is responsible for preserving documents and conducting research in modern Chinese history, particularly the republican period. The academy has a collection of 7.5 million publications and national records, mainly from the Office of the President, the Executive Yuan, provincial and local governments, plus some personal and other archives. Most of the records are open to the staff of Academia Historica and researchers.

Founded in 1990, the National Unification Council recommends national unification policies to the president, helps the government to devise a national unification framework, and builds a consensus in society and among political parties concerning the issue of national unification.

The National Security Council, established in 1967 and chaired by the president, is an advisory body to the president. The main functions of the National Security Council and its subsidiary organ, the National Security Bureau 國家安全局, are to set national security policies and to assist in planning security strategy.


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