Republic of China
From Wikinfo
The Republic of China (ROC), commonly known as Taiwan since the 1970s, is a state in East Asia that has evolved from a single-party state with full global recognition and jurisdiction over all of China into a multi-party democratic state with limited international recognition and remaining jurisdiction only over Taiwan and minor islands, although it enjoys de facto relations with many other countries. It was a founding member of the United Nations[1][2] and one of the five permanent members of the UN Security Council, until being replaced by the People's Republic of China in 1971.
Established in 1912, the Republic of China encompassed much of mainland China. In 1945, at the end of World War II, the Republic of China added the island groups of Taiwan and Penghu to its jurisdiction. These island groups, together with Kinmen and Matsu, became the full extent of the Republic of China's authority after 1949 when the Kuomintang (KMT) lost the Chinese Civil War to the Chinese Communist Party which then founded the People's Republic of China (PRC) in mainland China. Under ROC law, this area currently under ROC jurisdiction is the "Free Area of the Republic of China". Since the retreat of the Kuomintang to Taiwan post-1949, Taipei has served as the de facto capital.
Although the jurisdiction of the Republic of China only covers Taiwan and outlying islands since 1949, during the early Cold War the ROC was recognized by most Western nations and the United Nations as the sole legitimate government of China. During the 1970s, the ROC began to lose these recognitions in favor of the People's Republic of China. The Republic of China has not relinquished its claim as the legitimate government of all China.[3] Both former Presidents Lee Teng-hui and Chen Shui-bian have held the view that it is a sovereign and independent country separate from mainland China and there is no need for a formal declaration of independence.[4] President Ma Ying-jeou has expressed the view that the ROC is a sovereign and independent country that includes both Taiwan and mainland China, a view that corresponds with the ROC constitution and the 1992 Consensus.[5]
From the 1910s to 1940s, the Republic of China was commonly referred as "China". During the 1950s and 1960s, it was common to refer it as "Nationalist China". Over subsequent decades, the Republic of China has been commonly referred to as "Taiwan". Since the late 1970s, the name "China" has been commonly used to refer only to the People's Republic of China.[6]
The government of the Republic of China was founded on the Constitution of the ROC and its Three Principles of the People, which states that "[the ROC] shall be a democratic republic of the people, to be governed by the people and for the people."[7] The government is divided into five administrative branches (Yuan): the Control Yuan, the Examination Yuan, the Executive Yuan, the Judicial Yuan, and the Legislative Yuan. The Pan-Blue Coalition and Pan-Green Coalition are presently the dominant political blocs in the Republic of China.
The Republic of China (ROC) was formally established in 1912 in Nanjing under the provisional Constitution of the Republic of China but this government was moved to Beijing in the same year and continued as the internationally recognized government of China until 1928. In the history of the Republic of China, there have been several governments. The Nationalist Government led by the Kuomintang (KMT) was originally formed as a rival Military Government under Sun Yat-sen in Guangzhou in 1917. After the completion of the Northern Expedition (1926–1928), this government (now in Nanjing) became the recognized government of China and functioned as a formal one party-state until the promulgation of the Constitution of the Republic of China in 1947. This new Constitutional government was transplanted to Taipei in 1949 due to the Chinese Civil War.
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Structure
President
The head of state is the President, who is elected by popular vote for a four-year term on the same ticket as the Vice-President. The President has authority over the Yuan. The President appoints the members of the Executive Yuan as his cabinet, including a Premier, who is officially the President of the Executive Yuan; members are responsible for policy and administration.[7]
Executive Yuan
The ROC's political system does not fit traditional models. The Premier is selected by the President without the need for approval from the Legislature, but the Legislature can pass laws without regard for the President, as neither he nor the Premier wields veto power.[7] Thus, there is little incentive for the President and the Legislature to negotiate on legislation if they are of opposing parties. After the election of the pan-Green's Chen Shui-bian as President in 2000, legislation repeatedly stalled because of deadlock with the Legislative Yuan, which was controlled by a pan-Blue majority.[8] Historically, the ROC has been dominated by strongman single party politics. This legacy has resulted in executive powers currently being concentrated in the office of the President rather than the Premier, even though the Constitution does not explicitly state the extent of the President's executive power.[9]
Legislature
The main legislative body is the unicameral Legislative Yuan with 113 seats. 73 are elected by popular vote from single-member constituencies; 34 are elected based on the proportion of nationwide votes received by participating political parties in a separate party list ballot; and six are elected from two three-member aboriginal constituencies. Members serve three-year terms. Originally the unicameral National Assembly, as a standing constitutional convention and electoral college, held some parliamentary functions, but the National Assembly was abolished in 2005 with the power of constitutional amendments handed over to the Legislative Yuan and all eligible voters of the Republic via referendums.[7]
Judiciary
The Judicial Yuan is the ROC's highest judiciary. It interprets the constitution and other laws and decrees, judges administrative suits, and disciplines public functionaries. The President and Vice-President of the Judicial Yuan and fifteen Justices form the Council of Grand Justices. They are nominated and appointed by the President of the Republic, with the consent of the Legislative Yuan. The highest court, the Supreme Court, consists of a number of civil and criminal divisions, each of which is formed by a presiding Judge and four Associate Judges, all appointed for life. In 1993, a separate constitutional court was established to resolve constitutional disputes, regulate the activities of political parties and accelerate the democratization process. There is no trial by jury but the right to a fair public trial is protected by law and respected in practice; many cases are presided over by multiple judges.[7]
Audit
The Control Yuan is a watchdog agency that monitors ("controls") the actions of the executive. It can be considered a standing commission for administrative inquiry and can be compared to the Court of Auditors of the European Union or the Government Accountability Office of the United States.[7]
Examination
The Examination Yuan is in charge of validating the qualification of civil servants. It is based on the old Imperial examination system used in premodern China. It can be compared to the European Personnel Selection Office of the European Union or the Office of Personnel Management of the United States of America.[7]
Administrative regions
According to the 1947 constitution, written before the ROC government retreated to Taiwan, the highest level administrative division is the province, which includes special administrative regions, regions, and centrally-administered municipalities. However, in 1998 the only provincial government to remain fully functional under ROC jurisdiction, Taiwan Province, was streamlined, with most responsibility assumed by the central government and the county-level governments (the other existing provincial government, Fuchien, was streamlined much earlier). The ROC currently administers two provinces and two provincial level cities.
Counties
Template:ROC administrative divisions list
The Republic of China also controls the Pratas Islands (Dong-Sha) and Taiping Island, which are part of the disputed South China Sea Islands. They were placed under Kaohsiung City after the retreat to Taiwan.[10]
Taichung is currently under consideration for elevation to central municipality status. Also, Taipei County and Kaohsiung County are considering mergers with their respective cities.
Claimed territories
The ROC claimed to be the sole legitimate government of all China since its relocation to Taiwan in 1949 until the lift of martial law in 1987. Although the administration of pro-independence President Chen Shui-bian (2000-2008) did not actively claim sovereignty over all of China, the national boundaries of the ROC have not been redrawn and its outstanding territorial claims from the late 1940s have not been revised. Thus, the claimed area of the ROC continue to include mainland China, several off-shore islands, Mongolia, and Taiwan. The current President Ma Ying-jeou reasserted the ROC's claim to be the sole legitimate government of China and the claim that mainland China is part of ROC's territory.[3] He does not, however, actively seek reunification, and prefers to maintain an ambiguous status quo in order to improve relationships with the PRC.[11]
In practice, although ROC law still formally recognizes residents of mainland China as citizens of the ROC, it makes a distinction between persons who have household residency in the Free Area of the Republic of China and those that do not, meaning that persons outside the area administered by the ROC must apply for special travel documents and cannot vote in ROC elections. De-emphasizing the ROC claims of sovereignty over Mongolia, the DPP government under Chen Shui-bian has established a representative office in Mongolia's capital, Ulan Bator. Offices established to support the ROC's claims over Outer Mongolia, such as the Mongolian and Tibetan Affairs Commission,[12] lie dormant.[13]

