Recentl), published:

THE

POLITICAL INSTITUTIONS

OF MODERN CHINA

by

WILLIAM L. TUNG Prrifessur of Political Science

Queens Col/ese, City University rif New York

MAR TIN USN IJ H () F F - PUB LI SHE R - THE HAG U E

MAR TINUS NIJHOFF PUBLISHER THE HAGUE

The increasing importance of China in world affairs warrants a system­

atic study of her political institutions and programs which would give

an insight into the political behavior of the nation. Dr. Tung's book meets

this need, covering the period from the beginning of the twentieth

century to the present time. The first four chapters describe the consti­

tutional development and governmental structure from the latter part

of the Ch'ing dynasty to 1928, when the Nationalist Party came to power.

The other eight analyze the political ideologies, institutions, and programs

of the Nationalist and Communist governments. This work is an ac­

cumulation of the author's years of research and practical experience

in the Chinese government.

A member of Phi Beta Kappa, Dr. Tung was for several years a research

fellow at the University of Illinois and Yale University. He has a long

career of teaching, and served in the Chinese government as a legislator,

administrator, ambassador, and adviser. He took an active part in the

promotion oflocal self-government in China and was elected as Chairman

of the Municipal Council in Peking in 1933. As Counselor of the Supreme

National Defense Council during World War II, he was appointed to a

Committee of Three to codify the administrative laws of China. Author

of several books on government and public law, he maintains a keen

interest in the study of international affairs and follows especially the

developing situation in his native land.

Before he joined the faculty of Queens College of the City University

of New York, Dr. Tung was Professor ofInternational Law and Chairman

of the Department of Political Science of St. John's University, New

York. A scholar of Chinese background and Western training, he offers

to the readers a systematic treatment of a most intricate subject in an

objective manner.

1964. XIII and 408 pages. roy. 8vo. Cloth Guilders 36.-

One gailder =- abo $ 0.278 = abo 2 sh = eav. Fr. 1.36 = ca. DMW 1.10

Obtainable through any bookseller or direct from the publisher

THE POLITICAL INSTITUTIONS

OF MODERN CHINA

THE POLITICAL INSTITUTIONS

OF MODERN CHINA

by

WILLIAM L. TUNG

Professor of Political Science Queens College, City University of New York

• MARTINUS NIJHOFF I THE HAGUE I 1964

ISBN 978-94-015-0403-4 ISBN 978-94-015-1011-0 (eBook) DOI 10.1007/978-94-015-1011-0

Copyright I964 by Martinus Nijholf, The Hague, Netherlands A II rights reserved, including the right to translate 0'- to

reproduce this book or parts thereof in any form Sojicover reprint of the hardcover 1st edition 1964

In the memory of my late mother

PREFACE

This book is prepared primarily for students who are interested in studying the constitutional development and government structure of twentieth-century China. Since the emergence of the Chinese consti­tutional movement at the end of the nineteenth century, political institutions in China have undergone constant changes. The first four chapters treat of constitutional development and government systems from the latter part of the Ch'ing dynasty to the re-unification of China by the Nationalist Party in 1928. The other eight chapters deal with the policies, programs, and institutions of the Nationalist and Commu­nist governments up to 1962. While treatises on various subjects have been consulted, the sources of this book are chiefly based on the official documents from the collections as indicated in the bibliography. Materials in the first few chapters are partly drawn from my previous works on government and politics in China. Because of the immense scope of the subject and the intricacy of the problems involved, this work is not intended to be exhaustive, but is rather a brief description and discussion of each topic under consideration. As there are many valuable works on China in general as well as on her history and inter­national relations, I have tried not to cover what has already been dealt with by others.

In my presentation of facts and views, I have endeavored to be as objective as possible, personal political convictions notwithstanding. Such an approach will inevitably invite the displeasure of those whose emotional attitudes would not tolerate any factual description of the party in opposition. However, exaggerations of either achievements or failures would not be consonant with the purpose of this book.

In my evaluation of the Nationalist institutions and their appli­cations, I had not the slightest intention of directing criticism toward a few leaders. As a former public functionary and university professor

VIII PREFACE

under the Nationalist rule for many years, I share responsibility for past failures. Nor can I agree with such anti-Communist views that institutions and programs on the Mainland are not worthwhile for analytical study. For more than half a century the Chinese people have endured many civil wars and political turmoil. It is high time for the government to provide them with some political stability and economic welfare, the common aim of most revolutions throughout history. With no personal prejudice whatsoever, I venture to remind the leaders that revolution is only a means, not an end in itself.

Owing to the limitation of space and facilities, inappropriate omissions or factual errors are unavoidable. I sincerely welcome suggestions and criticism from my readers. In the completion of this book, I am deeply indebted to Dr. Raymond L. Carol, my former colleague at St. John's University, N ew York, to my wife Portia who reviewed the entire manuscript, and to Dr. Jeanne K. Welcher also of St. John's for her reading of the first five chapters. They all made valuable suggestions and comments. My special gratitude is to Dr. Carol whose profound knowledge of comparative government has helped me improve the exposition of ideas for the Western public and whose generous friendship has been a source of constant encouragement. Acknowledgement must also be made of the secretarial assistance of Mrs. Ruth M. Palumbo. None of them is, however, responsible for my statement of facts or views.

QUEENS COLLEGE

01 the City University 01 New York Flushing, New York

WILLIAM L. TUNG

T ABLE OF CONTENTS

Pre/ace

1. FROM AUTOCRACY TO DEMOCRACY: POLITICAL INSTITUTIONS

AT THE END OF THE CH'ING DYNASTY 1

1. Transformation from Absolute to Constitutional Monarchy 1

2. Causes of the Constitutional Movement 2

3. Preparation for Constitutionalism 6 4. The Principles 0/ Constitution, September 22, 1908 8 5. The National Legislative Council (Tse-cheng Yuan) 9 6. The Provincial Assembly (Tse-I Chu) II

7. The Beginning of Local Self-Government 13 8. The Revolution and the Nineteen Articles of November

3, 19II 16

II. DEMOCRACY IN EXPERIMENT: POLITICAL INSTITUTIONS

DURING THE EARLY REPUBLICAN PERIOD 22

1. Preparations for a Provisional Government 22

2. Analysis of the Organic Law 0/ the Provisional Govern-me~ 23

3. Inauguration of the Provisional Government at Nan-king 25

4. The Provisional Constitution 0/ the Republic 0/ China, March 11, 1912 26

5. The Change of the Provisional Presidency and the Seat of Government 30

6. The Establishment of Parliament 31 7. The Drafting of the Constitution and the Election of

President 37

x TABLE OF CONTENTS

8. The Judicial System of the New Republic 9. The Local Government System

III. MONARCHISM VS. REPUBLICANISM: POLITICAL INSTITUTIONS

41 43

UNDER THE DICTATORSHIP OF YUAN SHIH-K'AI 47

I. Yuan Shih-k'ai vs. Constitutional Democracy 47 2. Yuan Shih-k'ai and the Constitutional Compact of 1914 51 3. The Reorganized National Government Under Yuan

Shih-k'ai 54 4. Th Local Government System Under Yuan Shih-k'ai 57 5. The Rise and Fall of Yuan's Monarchial Movement 60

IV. SPLIT BETWEEN THE NORTH AND THE SOUTH: POLITICAL

INSTITUTIONS DURING THE PERIOD OF INTERNAL DIS-

SENSIONS 65

I. Developments Under the Regime in Peking 65 2. The New Parliament and the New Constitutional Draft 67 3. Parliament's Second Restoration and its Adoption of

the 1923 Constitution 70 4. The Constitution-Protecting Government in the South-

west 72 5. The Peking Government Under Provisional Chief

Executive Tuan 78 6. The Local Government System 83

V. THE NATIONALIST PARTY IN POWER: UNIFICATION OF

CHINA UNDER KUOMINTANG PROGRAMS 91

I. The Reorganization of the Nationalist Party in 1924 91 2. Basic Principles and Programs of the Nationalist Party 95 3. The Northern Expedition and the Unification of China 105 4. The Beginning of Political Tutelage II2

VI. THE FIVE-POWER CONSTITUTION AT WORK: POLITICAL

INSTITUTIONS DURING THE PERIOD OF POLITICAL TUTELAGE II8

I. The National Government Before 1928 II8 2. The National Government Since 1928 II9 3. The National People's Convention and the Promul­

gation of the Provisional Constitution 0/ the Republic 0/ China lor the Period 0/ Political Tutelage 124

TABLE OF CONTENTS XI

4. Nationalist Efforts to Carry Out Party Principles and Programs 129

5. The Preparation for Constitutional Rule in China 135 6. The Local Government System During the Period of

Political Tutelage 138

VII. COMMUNISM VERSUS NATIONALISM: THE CHINESE COMMU-

NIST PARTY AND SOVIET REGIMES (1921- 1945) 149

1. The Formation of Communist Organizations in China 149 2. The First United Front of the Nationalists and Commu-

nists 151 3. Armed Uprisings and the Change of Leadership ISS 4. The Establishment of Soviet Regimes in China 158 5. The Second United Front and Expansion of the Commu-

nist Regimes 162

VIII. CHINA AT WAR: POLITICAL INSTITUTIONS DURING THE

PERIOD OF THE SINO-JAPANESE WAR 169

I. The Hostilities Between China and Japan 169 2. The Formal Establishment of Chiang Kai-shek's

Leadership 173 3. Wartime Party Alignments 174 4. The Supreme National Defense Council - The Highest

Organ of Wartime China 179 5. The Triple-linked Administrative System 181 6. The Wartime National Government r83 7. The People's Political Council 188 8. The Wartime Local Government 192 9. The Local Representative Bodies 194

IX. FROM THE MAINLAND TO TAIWAN (FORMOSA): POLITICAL

INSTITUTIONS DURING THE POSTWAR PERIOD 198

1. Peace Negotiations Through the Political Consultative Conference 198

2. The Convocation of the National Assembly and the Constitution of 1946 201

3. The Central and Local Governments Under the Consti-tution of 1946 205

4. The First Session of the First National Assembly 212

XII TABLE OF CONTENTS

5. The Nationalist Debacle and Retreat to Taiwan 214 6. The National Government in Taiwan 218 7. The Local Government System in Taiwan 227 8. Taiwan Today 232

X. THE COMMUNIST PARTY IN POWER: MAO'S POLITICAL

THOUGHT AND THE PARTY ORGANIZATION 237

1. On the Road to Victory 237 2. The Political Thought and Strategy of Mao Tse-tung 240 3. The Constitution of the Chinese Communist Party and

Its Guiding Principles 248 4. The Organization and Functions of the Communist

Party 250 5. The Communist Youth League 253 6. The Communist Relationship with Minor Political

Parties and Mass Organizations 255

XI. FUNDAMENTAL LAWS OF THE PEOPLE'S REPUBLIC: FROM

THE COMMON PROGRAM TO THE CONSTITUTION OF 1954 259

1. The Chinese People's Political Consultative Conference (CPPCC) 259

2. The Common Program of 1949 in the Nature of a Pro-visional Constitution 263

3. The Central Government System, 194<)-1954 269 4. The Local Government System, 1949-1954 274 5. The Adoption of the Constitution by the National

People's Congress 278 6. General Principles of the Constitution of 1954 280

XII. THE GOVERNMENT OF "DEMOCRATIC CENTRALISM": POLITI-

CAL INSTITUTIONS UNDER THE CONSTITUTION OF 1954 285

1. The Present System of Government 285 2. The National People's Congress 287 3. The Head of the State 291 4. The State Council 293 5. The People's Courts and Procuratorates 295 6. Local People's Congresses and Councils 299 7. Self-Government Organs of National Autonomous

Areas 306 8. The Communist Government in Action 308

T ABLE OF CONTENTS XIII

APPENDICES

A. Principles 0/ Constitution (Hsien-Fa Ta-Kang), Sep-tember 22, 1908 318

B. The Nineteen Articles (Shih-Chiu Hsin-Tiao), No-vember 3, 19II 320

C. Provisional Constitution 0/ the Republic 0/ China (Chung-Hua Min-Kuo Lin-Shih Yiieh-Fa), March II,

1912 322 D. Constitutional Compact (Chung-Hua Min-Kuo Yiieh-Fa),

May I, 1914 326 E. The Constitution 0/ the Republic 01 China (Chung-Hua

Min-Kuo Hsien-Fa), October !O, 1923 332 F. Provisional Constitution 01 the Republic 01 China lor the

Period of Political Tutelage (Chung-Hua Min-Kuo Hsun-Cheng Shih-Chi Yiieh-Fa), June I, 1931 344

G. The Constitution of the Republic 01 China (Chung-Hua Min-Kuo Hsien-Fa), December 25, 1946 350

H. The Constitution of the People's Republic 01 China (Chung-Hua Jen-Min Kung-Ho-Kuo Hsien-Fa), Sep-tember 20, 1954 367

BIBLIOGRAPHY 380

INDEX 394