China-Taiwan Tensions and the Guomindang’s Existential Crisis

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People’s Republic of China vs Republic of China (Taiwan). CC BY 3.0, via Wikimedia Commons

In November 2014 the Guomindang (Chinese Nationalist Party) suffered a defeat in Taiwan’s local elections, winning 40.7% of the votes and only 6 out of 22 local seats. The main opposition party, the Democratic Progressive Party (DPP), gained 47.5% of the votes. This setback led to the resignation en masse of the Guomindang executive cabinet.

It was widely believed that the Guomindang’s declining popularity was caused by its policy of rapprochement with the Chinese Communist Party (CCP). The controversial signing of the Cross-Strait Service Trade Agreement (CSSTA) between Taiwan and mainland China was opposed by a majority of Taiwanese and resulted in the formation of the Sunflower Movement. Students occupied the parliament and eventually forced President Ma Ying-jeou to scale down his efforts to improve relations with the CCP.

The Guomindang did not draw the right conclusions from its electoral backlash. Instead of steering towards a more moderate policy, in June 2015 the Guomindang endorsed candidate Hong Xiuzhu (Wade-Giles: Hung Hsiu-chu), who stood out for her conservative pro-China views.

Hong’s poll ratings were so low that a few months later her own party ditched her, replacing her at an emergency meeting in October 2015 with Eric Chu, Guomindang chairman and mayor of New Taipei City. However, Eric Chu did not dissociate himself from Ma Ying-jeou’s pro-China stance. In May 2016, he travelled to mainland China to meet with President Xi Jinping. a move that further alienated Taiwanese voters. In the 2016 presidential elections, the DPP won 44.1% of the votes, while the Guomindang garnered a mere  26.9% of the votes.

Yet, once again, instead of aligning itself with moderate voters who viewed close Taipei-Beijing ties with suspicion, the Guomindang turned again to Hong Xiuzhu, electing her as its chairwoman – the party’s first female leader. Ahead of the chairmanship elections due in May 2017, the candidates are once again debating how to handle relations with the Communist Party, an issue that has been at the heart of the Guomindang’s internal struggles since the 1920s. Will the Guomindang be marginalized by the DPP and its Taiwan-centric stance? Or will it once again redefine itself so as to appeal to voters who reject closer ties with Beijing? Continue reading

Legalism And Leninism In China’s Constitutional History

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The National People’s Convention met in the Great Hall of National Central University in Nanjing on May 5, 1931. Seven days later the Convention adopted the Provisional Constitution (photo by unknown author, via Wikimedia Commons)

When the Qing Dynasty was overthrown in 1911 and the Republic of China (ROC) was proclaimed, the revolutionaries led by Sun Yat-sen embarked on an ambitious experiment to modernise the country according to liberal Western ideals of democracy, human rights and division of powers. The new Republican government issued a Provisional Constitution which guaranteed progressive democratic rights, including judicial independence. However, after the first elections held in 1913, general Yuan Shikai unlawfully seized power and suppressed the elected parliamentary majority. Sun Yat-sen and his party, the Guomindang, were forced into underground opposition. When Yuan died in 1916, the central government fell apart, and regional warlords created personal fiefdoms in which they ruled like monarchs.

The 1912 Constitution was inspired by the ideals of the American and French revolutions. But the failure of democracy, the repression suffered at the hands of Yuan Shikai and the warlords, and the threat of foreign imperialism convinced Sun Yat-sen that democracy in China was unattainable as a short-term goal. He observed with keen interest the events of the Russian revolution, and the triumph of the Communists led by Lenin seemed to him an example of a revolutionary party that had succeeded where the Guomindang had failed. Sun asked for Soviet help, and Russian advisers were sent to China to reorganise the Guomindang on the basis of Leninist principles. Continue reading

Legalist Tradition And Criminal Law – Republic Of China vs People’s Republic Of China

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The original Constitutional Drafting Committee of the newly founded Republic of China, photographed on the steps of the Temple of Heaven in Beijing, where the Draft was completed in 1913 (photo by Rowanwindwhistlerhttp://www.archive.org/details/thefightforthere14345gut, CC BY-SA 3.0 via Wikimedia Commons)

In a previous post we have demonstrated that the Constitution of the People’s Republic of China (PRC) contains fundamental elements which are consistent with, if not directly derived from, Legalist principles. In this chapter we shall analyse and compare the Legalist elements contained in the criminal codes of the Republic of China (ROC) and of the PRC.

Legalism and the Criminal Code of the Republic of China

In 1911 the Xinhai Revolution overthrew the Qing Dynasty which had ruled China for over 260 years. On January 1st, 1912, the leader of the insurgents, Sun Yat-sen, proclaimed the foundation of the Republic of China (ROC). On March 11 the government promulgated the Provisional Constitution of the Republic of China (中華民國臨時约法). The Constitution embodied Sun’s political ideals, which he later enshrined in the Three Principles of the People. Sun had been educated in the United States and his worldview had been shaped by the three major Western ideologies of the 18th, 19th and early 20th century, namely nationalism, democracy and socialism. In his Three Principles, Sun tried to synthesize these three political currents in order to revitalise and strengthen China.

The Provisional ROC Constitution was heavily influenced by Western liberal democratic ideals, most especially the principle of free popular elections, of protection of individual freedoms and rights, and of division of powers, including judicial independence (法官獨立). Article 51 stated: “Higher government authorities shall not interfere with the independent work of judges” (法官獨立審判不受上級官廳之干涉). Continue reading

Sun Yat-sen: Memoirs of a Chinese Revolutionary

Sun Yat-sen (source: Wikipedia)
Sun Yat-sen (1866 – 1925) was a Chinese revolutionary and politician. During the Late Qing era he fought to overthrow the Manchu Dynasty and establish a new, modern Chinese state. His political doctrines, most notably the Three Principles of the People, had a deep impact on the development of China in the 20th century. Sun Yat-sen is the founding father of the Republic of China (ROC) and the founder of the Guomindang (中國國民黨, literally “China National People’s Party”), the oldest still active political party in the Chinese-speaking world.
 
His legacy is still alive both in the People’s Republic of China (PRC) and the ROC in Taiwan. Sun’s doctrines are enshrined in the ROC Constitution. Article 1 states that “The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, by the people, and for the people“. In the PRC, however, the Communist Party of China (CCP) and the Revolutionary Committee of the Chinese Guomindang (RCCGD) both claim to represent the true spirit of Sun’s ideas.  
 

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The Guomindang, The Communist Party And Leninism

Founded in 1912, the Guomindang (中國國民黨, literally China National People’s Party) is the oldest still active political party in the Chinese-speaking world. It constituted the first elected majority in the Chinese National Assembly of 1913. After Yuan Shikai‘s coup d’etat, the Guomindang devoted itself to the mission of reunifying China, defeating the warlords, and defending the country’s territorial integrity from foreign powers. From 1927 on, the Guomindang ruled over China with an iron fist. But in 1937 the “golden era” of Nationalist China came to an end, as Japan invaded the country.
The Guomindang fought at the side of the Allies and won the war of resistance against Japan. Yet only four years later it lost the civil war to the Communists led by Mao Zedong. In 1949, the Guomindang apparatus and the whole government of the Republic of China retreated to Taiwan. There, once again, the Guomindang governed with authoritarian methods, wiping out opposition to its one-party rule. In the 1980s, however, the party leadership loosened its grip on society and allowed the formation of an opposition and free elections (for a history of the Guomindang, see Peter Moody: Political Change on Taiwan: A Study of Ruling Party Adaptability, 1992, pp. 13-35).
But despite the fact that the Chinese Communist Party (CCP) and the Guomindang were bitter rivals, they also share a common element: Leninism. It is the purpose of the present article to analyse how the Guomindang, after having been suppressed by Yuan Shikai and marginalised by the warlords, reorganised itself through the aid of Soviet advisers and incorporated fundamental elements of Leninism.

Sun Yat-sen and the Old Guomindang

Prior to 1912, Sun Yat-sen had been the most radical enemy of the Manchus. For years he had fought to overthrow the Manchu dynasty and bring a Han Chinese government to power. In Sun’s mind, the corrupt and inefficient imperial government and the lack of national spirit were the reasons why China had been unable to resist foreign invasions and exploitation. In 1905 Sun founded the Tongmenhui, an organisation supported by a small group of intellectuals, professionals, and overseas Chinese. The Tongmenhui was based on the tradition of China’s secret societies. The underworld and temporary alliances with imperial army officers were the only military means that Sun’s revolutionaries possessed to organise their anti-imperial revolts.

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The Chinese Revolution of 1911 – The Founding of the Republic of China

The Chinese Revolution of 1911, also called Xinhai Revolution (辛亥革命) after the year of the Chinese calendar in which it occurred, was an uprising that led to the fall of the Qing Dynasty (1644-1911) and to the foundation of the Republic of China (中華民國, ROC). The revolt began on October 9th when the accidental explosion of a bomb drew the attention of the local police to a house in Wuchang’s Russian Settlement. The house was searched and a list of names of revolutionaries was found. Since the incident had exposed their plans and identities, the insurgents decided to strike at once. On October 10th, the revolutionaries attacked and overwhelmed imperial forces in the city of Wuchang. The uprising spread to other cities and provinces, causing panic among Qing officials. The imperial house hoped to save itself by seeking the help of Western powers, but they chose to remain neutral. The dynasty that had ruled China for 267 years fell with astonishing rapidity, and the insurgents became masters of China. October 10th was later declared the National Day of the Republic of China (國慶日 / 国庆日; pinyin: Guóqìng Rì), also known as Double Ten Day (雙十節 / 双十节; pinyin: Shuāngshíjié).

1992 Double Ten Day celebration in front of the presidential palace in Taipei

One of the earliest references to the Double Ten Day commemoration can be found in a speech given by Sun Yat-sen on October 10, 1912, at a meeting of the Chinese World Student Association in Shanghai (Sun 1994, p. 100). The Double Ten Day celebration became an integral part of the rituals of power of the Guomindang one-party state on the mainland and later on Taiwan. Nowadays, the Double Ten Day remains the National Day of the ROC on Taiwan, while in the People’s Republic of China (PRC) the Xinhai Revolution is praised for having overthrown the feudal Qing Dynasty, but it is considered only a transition period that paved the way for the Communist victory of 1949. The Double Ten Day used to be celebrated in Hong Kong, especially in the Guomindang enclave of Tiu Keng Leng. It is also celebrated by some communities of overseas Chinese and by ROC sympathisers in the PRC.

The Founding of the Republic of China (1911-1916)

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