A number of major government reforms in recent years, such as constitutional re-engineering, streamlining of the central government, legislation of sunshine laws, and promotion of an electronic government (e-government), have started to make the government more flexible and accessible to citizens. Several achievements were also made in these areas in 2005. In January, the Executive Yuan Gazette 行政院公報 was launched to strengthen interactions between the central government and the people, and a new writing format for government documents was adopted to accord with global trends. In June, a broad consensus between the governing and opposition parties led to the passage of a constitutional amendment package that, among other things, reduced the size of the Legislative Yuan (Legislature) 立法院 and abolished the National Assembly 國民大會. In September, efforts to improve e-government were rewarded for the second year in a row, as Taiwan ranked first worldwide in the Global E-government Report 2005, which was prepared by the US's Brown University. Taiwan's government took a step toward greater transparency with the December passage of the Access to Government Information Act, which aims at sharing government information and protecting people's right to know about public affairs. To meet the nation's needs and challenges in the future, the government will continue to promote streamlining and strengthening measures to increase the nation's international competitiveness and dynamism. ConstitutionThe Constitution of the Republic of China (ROC) is based on the principles of nationalism, democracy, and social well-being formulated by Dr. Sun Yat-sen, the founding father of the ROC. His political doctrine is known as the Three Principles of the People 三民主義. These ideals are enshrined in the Constitution, which begins, "The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people." (Article 1, Constitution of the Republic of China) The Principle of Nationalism 民族主義 postulates the sovereign status and equal treatment of the ROC internationally as well as equality for all ethnic groups within the nation. The Principle of Democracy 民權主義, assuring each citizen the right to exercise political and civil liberties, is the foundation of the organization and structure of the ROC government. The Principle of Social Well-being 民生主義 states that the powers granted to the government must ultimately serve the welfare of the people by building a prosperous economy and a just society. The three principles have extensively shaped current policies and legislation in many areas, such as education, land reform, and social welfare. More recently, they have contributed greatly to political and economic liberalization. The Constitution delineates the rights, duties, and freedoms of the people; the overall direction for political, economic, and social policies; and the organization and structure of the government. Constitutional Rights and FreedomsThe Constitution guarantees various rights and freedoms to all citizens. These include equality before the law; the right to work, livelihood, and property; as well as the four political powers of election, recall, initiative, and referendum. The people have the duty to pay taxes and perform military service as prescribed by law. Obtaining an education is considered both a right and a duty of the people. The people are also entitled to the freedoms of speech, residence, travel, assembly, confidential communication, religion, and association. Personal freedom is also guaranteed. Rights and freedoms not specified in the Constitution are also protected, if they do not violate social order or public interest. Restrictions on constitutional freedoms are valid only if contained in legislation necessary to prevent infringement on the freedom of others, respond to emergencies, maintain social order, or enhance social welfare. This is designed to prevent the Legislature from enacting laws that exceed the limits established by the Constitution. In any case, arrest, trial, and punishment must be implemented strictly in accordance with proper legal procedures. If the government violates a person's rights, the victim is entitled to compensation by the state. Government PoliciesThe Constitution contains provisions for legislation and procedures addressing important government, economic, and social issues. Chapter XIII of the Constitution (Fundamental National Policies 基本國策) contains articles on national defense, foreign affairs, the economy, social security, education and culture, as well as frontier regions. The policies outline the government's responsibility to provide necessary support for the welfare and well-being of the people and to enable them to engage in various business and professional activities. The Additional Articles of the Constitution of the Republic of China prescribe specific policy orientations on several modern issues including scientific development, industrial modernization, environmental protection, national health insurance, and the elimination of sexual discrimination. Constitutional AmendmentsThe Constitution was adopted on December 25, 1946, by the National Assembly convened in Nanjing. Promulgated by the National Government 國民政府 on January 1, 1947, and taking effect from December 25, 1947, it comprises 175 articles in 14 chapters. In response to the Chinese Communist threat, the National Assembly on April 18, 1948, added to the Constitution the Temporary Provisions Effective During the Period of Communist Rebellion 動員戡亂時期臨時條款. Promulgated by the National Government on May 10, the Temporary Provisions, which superseded the Constitution, were designed to enhance presidential power during the emergency period. Furthermore, as stipulated in the Temporary Provisions, the president and vice president of the Republic could be re-elected indefinitely despite the two-term restriction prescribed in the Constitution. Following the end of martial law and reduced tensions in the Taiwan Strait in the late 1980s, the National Assembly resolved to abolish the Temporary Provisions on April 22, 1991, to enhance constitutional democracy and foster the healthy development of cross-strait relations. On April 30, 1991, President Lee Teng-hui 李登輝 announced the end of the Period of Communist Rebellion as of May 1, ushering in a new era for cross-strait relations. After the termination of the Period of Communist Rebellion, it was realized that some articles in the Constitution failed to address Taiwan's contemporary needs. To meet the demands of constitutional rule, the National Assembly completed six rounds of constitutional revision in 1991, 1992, 1994, 1997, 1999, and 2000, with each replacing previous amendments. These include a number of significant changes that allow for the direct election of the ROC president and vice president; regular elections of the Legislature; presidential authority to dissolve the Legislature; the Legislature's power to initiate a no-confidence vote against the premier, who is also known as the president of the Executive Yuan 行政院; and the streamlining of the functions and organization of the Taiwan Provincial Government. In August 2004, the Legislature passed a proposal for constitutional amendments that included critical issues regarding parliamentary reforms and improvements to the electoral system. On June 7, 2005, through the collective efforts of the governing and opposition parties, the ad-hoc National Assembly approved revisions to the Additional Articles, which were promulgated by the president on June 10. (See Chapter 5: Democracy and the Electoral System for further details.)
National SymbolsNational DesignationThe name "Republic of China" 中華民國 was first proposed by Dr. Sun Yat-sen as the national moniker during a revolutionary alliance's meeting in 1905 and was officially adopted in 1912. In official and most ordinary usages, years in the ROC are calculated from the republic's founding in 1912. Thus, 1912 was referred to as "the first year of the ROC," and 2006 is "the 95th year of the ROC," and so on. National AnthemThe words of the ROC national anthem were first delivered as an exhortation at the opening ceremony of a military academy on June 16, 1924, by Dr. Sun Yat-sen. A tune by Cheng Mao-yun 程懋筠 was later chosen to fit the words.
National Flag
National Flower
Government StructureThe ROC government is divided into central, provincial/municipal, and county/city levels. The central government consists of the Office of the President 總統府 and five branches (called "yuan" 院), namely the Executive Yuan, Legislative Yuan, Judicial Yuan 司法院, Examination Yuan 考試院, and Control Yuan 監察院. At local levels, since the ROC government administers only Taiwan Province and two counties (namely Kinmen 金門 and Lienchiang 連江) in Fuchien 福建 Province, only two provincial governments are currently operational—the Taiwan Provincial Government and the Fuchien Provincial Government. PresidencyThe president of the Republic is the head of state and is granted specific constitutional powers to conduct national affairs. FunctionsAs 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. These include commanding the armed forces; promulgating laws and decrees; declaring martial law with the approval of the Legislature; concluding treaties; declaring war and making peace; granting amnesties 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 PowersAccording to the Constitution and the Additional Articles of the Constitution, the president has the following powers:
OrganizationAccording to the Organic Act of the Presidential Office 總統府組織法,
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 Office of the President
consists of the following bureaus and departments: (1) First Bureau 第一局;
(2) Second Bureau 第二局; (3) Third Bureau 第三局; (4) Department of Special
Affairs 機要室; (5) Department of Security Affairs 侍衛室; and (6) Department
of Public Affairs 公共事務室.
Executive Yuan
The Executive Yuan has a president (usually referred to as the premier of the ROC); a vice president (vice premier); a number of ministers and chairpersons of commissions; and several ministers without portfolio. The premier is appointed by the president of the Republic. The vice premier, ministers, and chairpersons are also appointed by the president on the recommendation of the premier. In addition to supervising the operations of the various subordinate agencies of the Executive Yuan, the premier is also responsible for the following: performing the duties of the president in the event of vacancies in both the presidency and the vice presidency (limited to three months); presenting administrative policies and reports to the Legislature and responding, either orally or in writing, to the interpellations of legislators; countersigning laws and decrees promulgated by the president; and requesting, when necessary and with the approval of the president, the Legislative Yuan to reconsider its resolutions. The Executive Yuan Council is a policymaking organization that consists
of the premier, who presides over its meetings, the vice premier, ministers
without portfolio, and the heads of various ministries and commissions.
In accordance with the Constitution, the council renders decisions on
statutory and budgetary bills as well as bills concerning martial law,
amnesty, the declaration of war, the conclusion of peace or treaties,
and other important affairs, all of which are to be submitted to the Legislature.
The council also evaluates matters of common concern to the various ministries
and commissions. The council may invite heads of other Executive Yuan
organizations to attend council meetings and answer any questions that
may arise pertaining to affairs under their jurisdiction. In recent years, the government has been implementing a series of organizational reforms aimed at streamlining the administrative body. Once the relevant laws and regulations are passed, the Executive Yuan will be downsized and restructured, and the government will be able to improve administrative efficiency to facilitate a highly adaptable system of responsibility. (See Government Reforms section for further details.) Legislative YuanThe Legislative Yuan is the highest legislative body of the state, consisting of popularly elected representatives who serve for three years and who are eligible for re-election. Beginning with the seventh Legislative Yuan, to be elected in 2007, the legislators' term of office will be lengthened to four years, in accordance with the latest constitutional amendments of June 2005. As prescribed in the Constitution, the Legislature has the following functions and powers:
Legislators enjoy the following immunities:
Judicial YuanThe Judicial Yuan (Judiciary) is the highest judicial organ of the Republic. Its chief powers are to adjudicate civil, criminal, and administrative cases, cases concerning disciplinary sanctions of public functionaries, and cases concerning the dissolution of political parties violating the Constitution. The subordinate units of the Judicial Yuan are the Supreme Court 最高法院, high courts 高等法院, district courts 地方法院, Supreme Administrative Court 最高行政法院, high administrative courts 高等行政法院, Commission on the Disciplinary Sanctions of Functionaries 公務員懲戒委員會, and Judicial Personnel Study Center 司法人員研習所. The Council of Grand JusticesThe Council of Grand Justices 大法官會議 interprets the Constitution and unifies the interpretation of laws and ordinances. Between 1948 and the end of 2005, the Council of Grand Justices rendered 607 interpretations of the Constitution at the request of government agencies, individuals, juridical persons, and political parties. The 15 grand justices, including the president and vice president of the Judicial Yuan, are nominated and appointed by the president of the Republic with the consent of the Legislative Yuan. They exercise administrative supervision over the nation's court system. The Constitutional CourtIn December 1993, the Judiciary formally established a Constitutional Court to adjudicate cases concerning the dissolution of political parties that have violated the Constitution. According to the constitutional amendment passed in June 2005, the Constitutional Court is also empowered to review and decide on the impeachment of the president or vice president of the Republic after such an action is proposed by the Legislative Yuan. The Constitutional Court is composed of the grand justices and presided over by its most senior member. Commission on the Disciplinary Sanctions of FunctionariesThe Commission on the Disciplinary Sanctions of Functionaries exercises jurisdiction over impeachment cases that are affirmed by the Control Yuan. There are six disciplinary measures the commission may order: dismissal, suspension from office, demotion, reduction of salary, demerit, and reprimand. Only dismissal and reprimand are applicable to political appointees. The ROC Court SystemThe Judiciary has three levels: district courts and their branches, which hear civil and criminal cases in the first instance; high courts and their branches at the intermediate level, which hear appeals against judgments of district courts or their branches; and the Supreme Court at the highest appellate level, which reviews judgments by lower courts for compliance with pertinent laws or regulations. Issues of fact are decided in the first and second levels, while only issues of law are considered by the Supreme Court. There are exceptions to this system, however. Criminal cases relating to rebellion, treason, and interference in friendly relations with foreign states are handled by high courts as the court of first instance, while appeals may be filed with the Supreme Court. Supreme and High Administrative CourtsOn July 1, 2000, the amended Organic Act of the Administrative Court 行政法院組織法 became effective. The new law adopted the "two-level and two-instance system" for administrative litigation. As a result, one Supreme Administrative Court and three high administrative courts were established to adjudicate administrative cases. The administrative courts have a separate authority from that of the other courts in the system. Any person who claims that his or her rights or interests have been violated by an unlawful administrative action on the part of a government agency may institute administrative proceedings before a high administrative court. Any administrative action that exceeds the legal authority of the government agency or that results from an abuse of power is unlawful. The high administrative courts decide questions of both fact and law, while the Supreme Administrative Court decides only questions of law. Examination YuanThe Examination Yuan is responsible for the nation's civil service system. It oversees examinations; qualification screenings; security of tenure; pecuniary aid in case of death; retirement; and all legal matters relating to the employment, discharge, performance evaluation, scale of salaries, promotion, transfer, commendation, and awards to civil servants. The examination system is applicable to all ROC civil servants, high- or low-ranking, appointed or elected, as well as to Taiwanese and foreign professionals and technicians. The examination function, exercised solely by the Examination Yuan at the central government level, is separate from executive power and is free from partisan influence. The Examination Yuan has a president, vice president, and 19 members, all of whom are appointed for six-year terms by the president of the state with the approval of the Legislative Yuan. Under the Examination Yuan are the Ministry of Examination 考選部, Ministry of Civil Service 銓敘部, Civil Service Protection and Training Commission 公務人員保障暨培訓委員會, and Supervisory Board of the Public Service Pension Fund 公務人員退休撫卹基金監理委員會. The Examination Yuan also supervises the operations of the Central Personnel Administration 人事行政局, established under the Executive Yuan in 1967. The Examination Yuan Council 考試院會議 formulates policies and decides all significant matters under the jurisdiction of the Examination Yuan. The Ministry of Examination oversees all civil service, professional, and technologist certification examinations. The Ministry of Civil Service is in charge of the government personnel system throughout the nation. ExaminationsThe main types of government examination are Civil Service Examinations 公務人員考試 and Examinations for Professionals and Technologists 專門職業及技術人員考試. Civil Service Examinations are divided into:
Examinations for Professionals and Technologists are divided into Senior,
Junior, and Special Examinations.
Civil ServantsThere were 337,261 civil servants in the ROC at the end of 2005. They are well educated, with 75.8 percent holding college degrees or higher. Although the majority (63.8 percent) are male, an increasing number of women have joined the civil service in recent years. Protection for the Rights and Interests of Civil ServantsProtecting the rights and interests of civil servants is the responsibility of the Examination Yuan. The Civil Service Protection and Training Commission was set up to integrate civil service training resources and to enhance inter-agency cooperation. Public Service Pension FundIn the past, public functionaries' retirement pensions as well as compensation for death, disease, and injury were fully covered by the government. Because of rising payment levels, longer life spans, and growing numbers of retirees and compensation beneficiaries, these expenditures became a budgetary burden. In 1995, the "pay-as-you-go" system was transformed into a benefit system that required joint contributions by the government and civil servants. In May 1995, the Supervisory Board of the Public Service Pension Fund and the Management Board of the Public Service Pension Fund 公務人員退休撫卹基金管理委員會 were set up to implement the new system. Control YuanThe Control Yuan is the highest watchdog organization of the state and exercises the powers of impeachment, censure, and audit. The 29 Control Yuan members (including its president and vice president) are nominated and appointed by the ROC president with the consent of the Legislative Yuan for terms of six years. Members of the Control Yuan must be beyond party control, exercise their powers independently, and discharge their responsibilities in accordance with the law. The Constitution empowers the Control Yuan to institute impeachment
proceedings against a public official of either the central or a local
government (except for the president and vice president of the Republic)
for dereliction of duty or violation of law on its own initiative, or
upon request by the head of a branch, ministry, commission, or local government.
Should a motion to impeach be affirmed by the Control Yuan, it is then
passed to the appropriate authority for action, that is, the Commission
on the Disciplinary Sanctions of Functionaries in the case of a civil
servant, or the Ministry of National Defense 國防部 for military personnel.
The Control Yuan may also file a written censure against a public official
whose offense requires the immediate suspension of duty or other punishment. The Control Yuan exercises power of audit through its Ministry of Audit 審計部, whose main duties and functions include supervision of the budgets of all government organizations and other auditing functions prescribed by law. Audit departments or offices may be established within special government agencies, state-run enterprises, or public institutions. The auditor-general is nominated by the president and appointed with the consent of the Legislature, and is responsible for auditing central government expenditures. Provincial GovernmentIn accordance with the Act on Local Government Systems 地方制度法 passed in 1999, the provincial governments were transformed from local self-governing bodies into branches of the Executive Yuan. Taiwan is the only province to be fully under the effective control of the ROC. The Fuchien Provincial Government, headquartered in Kinmen County, has delegated most of its powers to county governments. Taiwan Provincial GovernmentWith the exception of Taipei and Kaohsiung, which are special municipalities directly under the jurisdiction of the Executive Yuan, there are 5 cities and 16 counties under the Taiwan Provincial Government. The Taiwan Provincial Consultative Council 臺灣省諮議會 was set up to provide consultation and advice to the Taiwan Provincial Government. Fuchien Provincial GovernmentThe ROC government administers only two counties in Fuchien Province: Kinmen County, which includes Kinmen; and Lienchiang County, which includes Matsu 馬祖.
Local Self-governing BodiesThere are currently three levels of local self-governing organizations: special municipalities 直轄市, which are under the direct jurisdiction of the Executive Yuan; counties and provincial municipalities 縣/市, under direct provincial jurisdiction; and townships and county municipalities 鄉/鎮/市, under county governments. (See the Local Government System chart.) An area with a population of over 1.25 million and with specific political, economic, cultural, and urban developments may obtain special-municipality status. An area with a population of over 500,000 that is politically, economically, and culturally important shall be considered a provincial municipality. An area with a population of over 150,000 may become a county municipality if it is industrially and commercially developed and has sufficient financial resources, convenient transportation links, and comprehensive public facilities. Special and provincial municipalities are subdivided into districts 區. Each district has an office headed by a chief administrator who is appointed by the mayor. Districts, townships and county municipalities are subdivided into villages 村/里, which are the basic units of governance. At the head of each village is a village chief who is elected by the village residents. Special Municipalities
Taiwan currently has two special municipalities: Taipei City 臺北市, which gained this status in 1967; and Kaohsiung City 高雄市, which was designated as such in 1979. Mayors of special municipalities serve four-year terms and may be re-elected to a second term. City councils act as a check on city governments. Located in northern Taiwan, Taipei, the capital city, is also the political, economic, financial, and cultural center of the country. This modern international metropolis covers an area of 271.8 sq. km, or 0.75 percent of the total area of Taiwan. Its population of about 2.63 million (as of July 2006) makes it one of the most densely populated cities in the world. Kaohsiung, situated on the southwest coast of Taiwan, boasts the country's largest commercial harbor. It is the second-largest city, having an area of 153.6 sq. km and a population of 1.51 million (as of July 2006). With its outstanding geographical location, prominent heavy industries, and convenient transportation links, Kaohsiung shows great promise of becoming an air and marine transportation hub for East Asia. Counties and Provincial MunicipalitiesEach county and provincial municipality has a county/city government and a county/city council whose main function is to check and balance its corresponding government. County governments are headed by magistrates, and city governments are headed by mayors, both being directly elected for up to two four-year terms. Cities and Townships under County GovernmentsCounties are subdivided into county municipalities/townships. Cities and townships are led by mayors and magistrates, who are popularly elected for up to two four-year terms. Taiwan currently has 29 county municipalities and 290 townships under county jurisdiction. Government ReformsGovernment reforms are being undertaken on a comprehensive basis in order to enhance national competitiveness, which is a prerequisite for advanced national development. These changes seek to transform the central government into a flexible, innovative, and resilient organization that functions with the efficiency of a well-managed private company. Much effort is also being devoted to increasing government transparency and to ensuring greater participation by citizens in public affairs. Furthermore, the government has attached high priority in recent years to promoting the quality and efficiency of public services via the Internet, and Taiwan's e-government efforts have gained international recognition. The following section outlines the main areas of government reforms, as well as related developments, progress, and results. Structural ReorganizationThe absence of a systematic and standardized hierarchical structure has posed problems to the government since the 1970s. Few substantive changes have been made, however, because any adjustment to the bureaucratic structure required legislative approval. Since the transfer of political power in May 2000, the government has placed organizational reform at the top of its administrative agenda, with the aim of establishing a highly efficient, responsible, and adaptable entity. To work toward a consensus on government reform, the Government Reform Committee 政府改造委員會 was established in October 2001, with members selected from various government departments, academia, and the private sector. This committee recommended these priorities: improvement of government efficiency; creation of an energetic and globally competitive government; and reorganization of the Executive Yuan. In May 2002, the Council for Organizational Reform 組織改造推動委員會 under the Executive Yuan was launched to coordinate administrative departments in attaining reform goals. Government reform at this stage focused on reviewing organizations with overlapping or similar duties. Such organizations and services will be eliminated, combined, or streamlined. Four specific pieces of legislation are geared toward the reorganization of the central government and the realignment of its duties:
Government TransparencySunshine LawsTo curb corruption in politics and create a legitimate and ethical political environment, a series of sunshine laws have been enacted since the 1990s:
Such advancements are part of the government's efforts to implement political reform. Future moves include legislation of other sunshine bills aimed at ensuring fair competition among parties and politicians and consolidating the foundation of Taiwan's democracy. The Government GazetteFull disclosure of government information is the foundation of a democratic
government. A well-designed government gazette gives citizens and businesses
easy access to accurate and updated government information. It also acts
as an important gateway for reaching out to the world. In the past, 19
agencies of the Executive Yuan published a total of 20 different gazettes,
whose diverse contents, formats, and distribution methods made it difficult
for the public to access needed information.
Recent Developments in Electronic GovernmentTaiwan is taking advantage of the Internet and other information and communication technologies to further integrate systems and deploy online digital applications, thereby promoting e-government initiatives. Taiwan's efforts to cultivate an e-generation placed it at the top of 198 countries on the Brown University e-government performance list in 2002, 2004, and 2005. Furthermore, in the Global Information Technology Report 2004-2005 published by the World Economic Forum, Taiwan ranked third in e-Government Readiness and fifth in Government Usage of Information and Communication Technology. The following is an overview of e-government progress:
As a result of e-government development, not only will the government perform more efficiently but the general public will also be able to access government services more easily. It is anticipated that the dream of an e-society can be materialized sooner with the assistance of an e-government.
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