Temporary Provisions against the Communist Rebellion

The Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion[3] were provisions of the Constitution of the Republic of China effective from 1948 to 1991 and amended four times. It effectively nullified the constitution and established martial law in Taiwan, where civil and political freedoms were curtailed. The official rationale for the provisions was the ongoing Chinese Civil War, but with the demise of the Kuomintang single-party system, the provisions were repealed.

Temporary Provisions against the Communist Rebellion
National Assembly of the Republic of China
Citation[1][2]
Territorial extentMainland China until 7 December 1949
Taiwan (Free area of the Republic of China) since
Enacted byNational Assembly of the Republic of China
Enacted18 April 1948
Commenced10 May 1948
Repealed1 May 1991
Amended by
Legislative history (in Chinese)
Related legislation
Additional Articles of the Constitution of the Republic of China
Status: Repealed
Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion
Traditional Chinese動員戡亂時期臨時條款
Simplified Chinese动员戡乱时期临时条款

History

The current Constitution of the Republic of China was adopted by the National Assembly in 1947, when the Nationalist Government was based in Nanjing. Since 1945, China was engulfed in a civil war that pitted the Nationalist Government against the Communist Party of China (CPC). In March 1948, the first National Assembly met in Nanjing, and after some deliberation, decided to invoke Article 174 of the Constitution to amend the Constitution".[4] On 10 May 1948, the Assembly adopted the first set of Temporary Provisions that was set to expire after three years. In 1949, the Communists expelled the Nationalist Government from mainland China, and proclaimed the establishment of the People's Republic of China while Chiang's government retreated to Taipei, Taiwan. In 1954, the National Assembly indefinitely renewed the Temporary Provisions in view of the Kuomintang's plans to recapture the mainland. The Temporary Provisions from then on were amended in accordance with the needs of the President of the Republic of China, Chiang Kai-shek, or his son Chiang Ching Kuo. In 1966, the Temporary Provisions were revised to allow for supplementary elections to the National Assembly from the Taiwan Area. In 1971, the ROC was expelled from the United Nations and replaced with representatives from the People's Republic of China; the Temporary Provisions were amended again in 1972. However, in 1979, the United States severed diplomatic relations with the ROC and recognized the PRC.

Abolition

It became clear that retaking the mainland was not a real possibility. On 22 April 1991, the National Assembly resolved to abolish the Temporary Provisions, and on April 30 of the same year, President Lee Teng-hui declared the end of the Mobilization for Suppression of Communist Rebellion as of May 1.[5] The repeal of the provisions caused some ambiguity in cross-strait relations and the political status of Taiwan, raising questions such as whether the "Communist rebellion" has "succeeded" and so the PRC government is recognized as legitimate by the ROC, or whether it would be legal now for the CPC to operate in Taiwan.[4]

Provisions

The Temporary Provisions allowed for the creation of the Taiwan Garrison Command and the National Security Council, both for the purpose of enforcing martial law.[4] The provisions also allowed the President and Vice President of the Republic of China to be exempted from the two-term office limit.[5] Extensive powers given to the president by the Temporary Provisions turned the ROC into a de facto presidential system, where the President also held the post of chairman of the Kuomintang, although the Constitution originally laid out a parliamentary system.[4] Specifically, the provision relating to the president said:[4]

In this Period of Communist Rebellion, for the sake of avoiding the emergent political crisis, and addressing the mammoth economic change, the president is empowered to adopt emergency measures through a resolution of a cabinet meeting of the Executive Yuan. The president's power will not be limited by the regular procedures of Articles 39 and 43 of the constitution.

See also

References
  1. 查詢結果-全國法規資料庫入口網站. law.moj.gov.tw (in Chinese). Retrieved 19 March 2017.
  2. 立法院法律系統. lis.ly.gov.tw (in Chinese). Retrieved 19 March 2017.
  3. "Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion - 動員戡亂時期臨時條款". terms.naer.edu.tw (in Chinese). Retrieved 19 March 2017.
  4. Feldman, Harvey, ed. (1991). Constitutional Reform and the Future of the Republic of China. Taiwan in the Modern World. M.E. Sharpe. pp. 1, 3–7, 39. ISBN 9780873328807.
  5. "A Pivotal President-- Lee Teng-hui's 12 Years". Taiwan Panorama (Sino). 2000-06-05. Archived from the original on 2011-07-20.
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