Taiwan - Government

Government

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." The government is divided into five administrative branches (Yuan): the Executive Yuan (cabinet), the Legislative Yuan, the Judicial Yuan, the Control Yuan (audit agency), and the Examination Yuan (civil service examination agency). The Pan-Blue and Pan-Green coalitions are presently the dominant political blocs in the Republic of China.

The head of state and commander-in-chief of the armed forces is the president, who is elected by popular vote for a maximum of 2 four-year terms 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.

The main legislative body is the unicameral Legislative Yuan with 113 seats. Seventy-three are elected by popular vote from single-member constituencies; thirty-four 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 four-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.

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. 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. 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.

The Judicial Yuan is the highest judicial organ. 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 additional thirteen justices form the Council of Grand Justices. They are nominated and appointed by the president, 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.

Capital punishment is still used in Taiwan, although efforts have been made by the government to reduce the number of executions. In 2006, about 80% of Taiwanese wanted to keep the death penalty.

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. The Control Yuan is sometimes also compared to an ombudsman or national human rights institution. The Examination Yuan is in charge of validating the qualification of civil servants. It is based on the old imperial examination system used in pre-modern 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.