CHINA’S FUTURE REGIME

Dominion, Volume 37, Issue 198, 19 May 1944, Page 4

CHINA’S FUTURE REGIME

Prospective Constitution CONGRESS SOON AFTER WAR

“What would the prospective democratic regime in China be like? On this point one may refer first, to Dr. Sun’s principles of democratic government an.l his outline of national reconstruction and next to the draft constitution,” stat ed Mr. Wang Feng, Consul-General of China, referring last night to the cabled statement by the “Daily Mail,” Loudon, about the trend of Government in China, published on Wednesday. “In his writings, Dr. Sun defended the main lines of China’s constitutional structure. The draft constitution, generally known as the ‘double-five constitution,’ was based for the most part upon Dr. Sun’s concept of a five-power governmental structure.

“On the whole the draft constitution provides for quite an advanced democratic regime for China. There is no room for a detailed exposition of its provisions. Suffice it to point out certain special features. First of all, the national government would be composed of five yuan, in contrast to the three-way separation of powers prevalent in the western democracies. Under the Chinese system, powers of ‘examination’ and ‘control’ would be separated from the executive, legislative, and judicial powers. Second, definite qualifications for office would be required of candidates, even for elective offices. According to the draft constitution the examination yuan would determine, by examinations and other means, individual fitness for both appointive and elective office. Finally, in addition to suffrage. Chinese citizens would enjoy three other rights—those of recall, initiative, and referendum. In national affairs these rights would be exercised through the national congress; in the district local affairs directly by the citizens.

“According to the draft constitution, the supreme governmental organ would be the national congress, endowed with specific powers; to elect the president and vice-president, the president of the legislative yuan, the president of the control yuan, the members of the legislative yuan, and the members of the control yuan; to recall the president and vicepresident of the republic, the president of the legislative yuan, the president of the judicial yuan, the president of the examination yuan, the president of the control yuan, the members of the legislative yuan and the control yuan, to ini tiate legislation; to hold referenda on laws: to amend the constitution; and to exercise such powers as are conferred by the constitution.

“The national congress is to be composed of delegates, elected (by universal. equal, and direct suffrage and secret ballot) from counties, municipalities, and other specified areas at the normal ratio of one delegate for each county. The delegates’ term of office is fixed at six years, but the national congress is to meet regularly only once every three years, in a one-month session, though extraordinary sessions may be convened. The national congress is not planned to be a legislative body, but rather a con stituent assembly with supreme control ling, power over the government. Legislative power would rest with the legislative yuan, with authority to decide on legislation, budgets, a state of emergency. special pardons, declaration of war, negotiation of peace, conclusion of treaties, and Other important international affairs. "Though the powers vested in the national congress are impressive, its meetings are too brief and the intervals between them too long to enable it to exercise a really direct influence upon the conduct of national affairs. The governing power seems to reside in the President of the Republic who, as head of the State, is possessed of all such competence in the conduct of foreign relations, military affairs, and national administrtion as is generally vested in the presidents of other republics. In addition, the draft constitution confers upon ttt> Chinese President other special powers which would make him, not a mere titular head of the State, but a real chief executive, more powerful, indeed, than a president under the so-called presidential system of government. Suffice it to mention a few such powers: (1) If the State is confronted with an emergency, or its economic life is threatened with grave danger calling for immediate action, the President may issue emergency orders and do whatever is necessary to cope with the situation. (2) The President may call meetings relating to two or more yuan or on such matters as the President may submit for consultation. (3) The President may request the legislative yuan to reconsider any legislation passed by it; and in ease the yuan should decide to stand by its original portion the President may submit the measure to the National Congress. (4) lhe President shall appoint and remove the president of the executive yuan and the heads of various ministries, who are to be individually responsible to him and shall preside over meetings of the executive yuan. .... “The President’s powers are limited by the constitution, specially through the division of powers into five categories. Among other things he must depend upon the legislative yuan to enact laws as well as to pass budgets necessary, for carrying on the government. The existence of an independent examination yuan limits his power to that of appointing officials. If he violates the law or neglects his duties he is subject to impeachment by the control yuan. Holdins office for a term of six years, he is responsible to the National Congress, which may remove him from office if circumstances require. “Recently the Central Executive Committee of the Kuomintang decided to convene a national congress within a year after the conclusion of the present war. This congress is to adopt and promulgate a constitution and to decide the date on which the constitution should come into effect.”