But what is exactly the 1992 consensus and what does it mean for the development of China-Taiwan relations?
Patriotism is not enough
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
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 (source: Wikipedia)|
Sun Yat-sen and the Old Guomindang
The following text is the Provisional Constitution (約法) of the Republic of China as adopted by the National People’s Convention (國民會議) on May 12, 1931. The Provisional Constitution included Sun Yat-sen’s principle of “political tutelage”, de facto providing the Guomindang government with dictatorial powers. The Constitution remained in effect until 1936, when the government promulgated a new draft constitution.
The National Government, in order to reconstruct the Republic of China on the basis of the Three Principles of the People and the Constitution of Five Powers, which forms the underlying principle of the revolution, having now brought the revolution from the military to the political tutelage period, deems it necessary to promulgate a Yueh Fa (Provisional Constitution) for general observance, so that the realization of constitutional government may be accelerated and political power restored to a popularly-elected government; and further, in pursuance of the last will of our late Leader, has called at the national capital the Kuo-Min-Hui-I (National People’s Convention). Continue reading
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.