The Republic of China (ROC) or Second Republic, in Nanjing was proclaimed in 1916. It was the restoration of the one established in 1912 before the dictatorship of Yuan Shikai. Under the leadership of Sun Yat-sen it would start the North and South campaigns in reunifying China. At the Battle of Beijing (1935) the Nationalist Revolutionary Army (NRA) and People's Liberation Army (PLA) win over the Beiyang clique army (Chinese Army) and take the capital.
Since it was established the ROC follows the Dang Guo (黨國, literally, "Party-State") doctrine has formulated by Sun.
- During the Russian revolution, political dictatorship was used, everything else can be discarded, the only aim was the success of the revolution ... its success was due to the party (Communist Party of the Soviet Union) being on top of the state. I suggest ... we should re-organise, by putting the party (Kuomintang) on top of the state (ROC). (Sun Yat-Sen)
The Kuomintang (KMT) is the paramount power over the ROC, all major national policies were formulated by the KMT, it controls and operates both the ROC government and bureaucracy and the NRA. The Dan Guo was accommodated in 1925 to the United Front policy of alliance with the Communist Party of China (CPC).
Constitutional Organization of ROC
According to Sun Yat-sen's theory, the KMT was to rebuild China in three phases: a phase of military rule through which the KMT would take over power and reunite China by force; a phase of political tutelage; and finally a constitutional democratic phase. Thus, there have been at least three periods of constitutional organization.
The phases of force and political tutelage that overlap each other, roughly occurs between 1916 to 1935. This period was marked by the Southern and Northern Expeditions and the alliance with the CPC. According to the First provisional constitution of 1916 the President of the National Government was elected by the KMT central executive committee. In the absence of a National Assembly, the KMT's party congress functioned in its place. Since party membership was a requirement for civil service positions, the KMT was full of careerists and opportunists. The second provisional constitution of 1926 called for the election of the President of the Republic by National Assembly. Its delegates were elected by party nominations. The distribution was one-third Nationalists, one-third Communists, and one-third of members from other parties every four years. Overseas Chinese and minorities were represented in the party nominations. The President nominated the President of Executive Yuan and all its ministers and commissioners. The old Da-Li-Yuan was reformed as the Supreme Court.
In 1935 a The Second Constitution of the ROC was promulgated, the Five-power Constitution. This was based on Sun Yat-sen's idea of "separation of the five powers". The government of the ROC has five branches (executive, legislative, judicial, control and examination) and also embodies the Three Principles of the People (Sān Mín Zhǔyì).
- The Executive is composed of
- The President of the Republic, elected by the National Assembly for a term of six years, is the head of state and commander-in-chief of the Republic of China.
- Executive Yuan - led by the premier (President of the the Executive Yuan) but in actuality it is the President who sets policy. The Executive Yuan is the "highest administrative authority" with oversight over domestic matters while giving the president of the Republic powers as commander-in-chief of the military and authority over foreign affairs;
- The Legislative is composed of
- National Assembly, with the power to amend the constitution and elect the President and Vice President and the right to recall them if they failed to fulfill their political responsibilities.
- Legislative Yuan is the unicameral legislative chamber, elected by universal suffrage. Some seats a allocated for overseas Chinese;
- Judicial Yuan serves as the highest judicial organ in Republic of China. They are nominated and appointed by the President of the Republic, with the consent of the Legislative Yuan. The Judicial Yuan is charged with interpreting the Constitution. It also supervises lower courts, which consist of the Supreme Court, the high courts, district courts, the Administrative Court, and the Commission on the Disciplinary Sanctions of Public Functionaries;
- Control Yuan is the audit branch that monitors the other branches of government. Its members are elected by provincial, municipal, Mongolian, Tibetan, and Overseas Chinese representative councils.
- Examination Yuan is in charge of validating the qualification of civil service personnel and examination examen. Its members are nominated and appointed by the President of the Republic, with the consent of the Control Yuan.
The Second Republic is internally divided into:
- First Level
- Provinces (省, shěng)
- Special Administrative Regions (特別行政區 Tèbiéxíngzhèngqū)
- Regions (地方, difāng)
- Special municipalities (直轄市 Zhíxiáshì), 11 cities
- Second Level
- Administrative superintendent district (行政督察區, xíngzhèng dūcháqū)
- Third level
- Counties (縣, xiàn)
The affairs of the Manchus, Mongols, Hui and Tibetans are administered by the Bureau of Mongolian and Tibetan Affairs, Bureau of Manchu Affairs and Bureau of Muslim Affairs, all named and directly under the supervision of the Executive Yuan.
The armed forces of China were organized in:
- National Revolutionary Army (NRA)
- Republic of China Navy (ROCN) that defected to the Nationalist government in Nanjing.
- Republic of China Air Force (ROCAF)