GOVERNMENT

ADMINISTRATION

The authorities in Taipei exercise control over Taiwan, Kinmen, Matsu, and the Penghus (Pescadores) and several of the smaller islands. Taiwan's two major cities, Taipei and Kaohsiung, are centrally administered municipalities. At the end of 1998, the Constitution was amended to make all counties and cities directly administered by the Executive Yuan. From 1949 until 1991, the authorities on Taiwan claimed to be the sole legitimate government of all of China, including the mainland. In keeping with that claim, when the Nationalists moved to Taiwan in 1949, they re-established the full array of central political bodies, which had existed on the mainland. While much of this structure remains in place, the authorities on Taiwan in 1991 abandoned their claim of governing mainland China, stating that they do not "dispute the fact that the P.R.C. controls mainland China."

The first National Assembly, elected on the mainland in 1947 to carry out the duties of choosing the President and amending the constitution, was re-established on Taiwan when the KMT moved. Because it was impossible to hold subsequent elections to represent constituencies on the mainland, representatives elected in 1947-48 held these seats "indefinitely." In June l990, however, the Council of Grand Justices mandated the retirement, effective December 1991, of all remaining "indefinitely" elected members of the National Assembly and other bodies.

The second National Assembly, elected in 1991, was composed of 325 members. The majority were elected directly; 100 were chosen from party slates in proportion to the popular vote. This National Assembly amended the Constitution in 1994, paving the way for the direct election of the President and Vice President the first of which was held in March 1996. In April 2000, the members of the National Assembly voted to permit their terms of office to expire without holding new elections. The National Assembly elected in May 2005 voted to abolish itself the following month, leaving Taiwan with a unicameral legislature. The President is both leader of Taiwan and Commander-in-Chief of its armed forces. The President has authority over four of the five administrative branches (Yuan): Executive, Control, Judicial, and Examination. The President appoints the President of the Executive Yuan, who also serves as the Premier. The Premier and the cabinet members are responsible for government policy and administration.

The main lawmaking body, the Legislative Yuan (LY), was originally elected in the late 1940s in parallel with the National Assembly. The first LY had 773 seats and was viewed as a "rubber stamp" institution. The second LY was not elected until 1992. The third LY, elected in 1995, had 157 members serving 3-year terms, while the fourth LY, elected in 1998, was enlarged to 225 members. The LY has greatly enhanced its standing in relation to the Executive Yuan and has established itself as a major player on the central level. With increasing strength, size, and complexity, the LY now mirrors Taiwan's recently liberalized political system. In the 1992 and 1995 elections, the main opposition party--the Democratic Progressive Party (DPP)--challenged the half-century of KMT dominance of the Legislature. In both elections, the DPP won a significant share of the LY seats, leaving only half of the LY seats in the hands of the KMT. In 2001, the DPP won a plurality of LY seats--88 to KMT's 66, PFP's 45, TSU's 13, and other parties' 13. In the December 2004 LY election, the Pan-Blue coalition won a slender majority of 114 of the 225 seats compared to the Pan-Green coalition's 101. The LY was halved in size from 225 to 113 seats by constitutional amendments in 2005. In the January 2008 LY election, the first to be held under this new structure, the KMT won an absolute majority of 81 seats to the DPP's 27 seats, with the remaining five seats going to independent and small party candidates.

In 1994, when the National Assembly voted to allow direct popular election of the President, the LY passed legislation allowing for the direct election of the Governor of Taiwan Province and the mayors of Taipei and Kaohsiung Special Municipalities. These elections were first held in December 1994. In a move to streamline administration, the position of elected Governor was abolished at the end of 1998, and most other elements of the Taiwan Provincial Government have been eliminated.

The Control Yuan (CY) monitors the efficiency of public service and investigates instances of corruption. The 29 Control Yuan members are appointed by the President and approved by the National Assembly; they serve 6-year terms. In recent years, the Control Yuan has become more activist, and it has conducted several major investigations and impeachments. Since December 2004, however, the pan-Blue dominated LY has refused to approve the new slate of CY members proposed by President Chen, leaving the CY inactive.

The Judicial Yuan (JY) administers Taiwan's court system. It includes a 16-member Council of Grand Justices (COGJ) that interprets the constitution. Grand Justices are appointed by the president, with the consent of the National Assembly, to 9-year terms.

The Examination Yuan (EY) functions as a civil service commission and includes two ministries: the Ministry of Examination, which recruits officials through competitive examination, and the Ministry of Personnel, which manages the civil service. The President appoints the President of the Examination Yuan.

POLITICAL CONDITIONS
Until 1986, Taiwan's political system was effectively controlled by one party, the Kuomintang (KMT), the chairman of which was also Taiwan's president. As the ruling party, the KMT was able to fill appointed positions with its members and maintain political control of the island.

After 1986, the KMT's hold on power was challenged by the emergence of competing political parties. Before 1986, candidates opposing the KMT ran in elections as independents or "nonpartisans." Before the 1986 island-wide elections, many "nonpartisans" grouped together to create Taiwan's first new political party, the Democratic Progressive Party (DPP). Despite the official ban on forming new political parties, Taiwan authorities did not prohibit the DPP from operating, and in the 1986 island-wide elections, DPP and independent candidates captured more than 20% of the vote. In 1987, President Chiang Ching-kuo lifted the emergency decree, which had been in place since 1948 and which had granted virtually unlimited powers to the President for use in the anti-communist campaign. This decree provided the basis for nearly four decades of martial law under which individuals and groups expressing dissenting views were dealt with harshly. Expressing views contrary to the authorities' claim to represent all of China or supporting independent legal status for Taiwan was treated as sedition. Since ending martial law, Taiwan has taken dramatic steps to improve respect for human rights and create a democratic political system. Almost all restrictions on the press have ended, restrictions on personal freedoms have been relaxed, and the prohibition against organizing new political parties has been lifted. Lee Teng-hui succeeded Chiang Ching-kuo as President when Chiang died on January 13, 1988. The Civic Organizations Law passed in 1989 allowed for the formation of new political parties, thereby legalizing the DPP, and its support and influence increased. Lee was elected by the National Assembly to a 6-year term in 1990, marking the final time a President was elected by the National Assembly. In the 1992 Legislative Yuan elections, the DPP won 51 seats in the 161-seat body. While this was only half the number of KMT seats, it made the DPP's voice an important factor in legislative decisions. Winning the Taipei mayor's position in December 1994 significantly enhanced the DPP's image. The DPP continued its strong showing in the 1995 LY race, winning 45 of the 157 seats to the KMT's 81. In 1996, Lee Teng-hui was elected President and Lien Chan Vice President in the first direct election by Taiwan voters. In the November 1997 local elections, the Democratic Progressive Party (DPP) won 12 of the 23 county magistrate and city mayor contests to the Kuomintang (KMT)'s 8, outpolling the KMT for the first time in a major election. In the 2001 LY elections, the DPP won a plurality of seats for the first time. In March 2000, DPP candidate Chen Shui-bian became the first opposition party candidate to win the presidency. His victory resulted in the first-ever transition of the presidential office from one political party to another, validating Taiwan's democratic political system. In a hotly contested election on March 20, 2004, President Chen Shui-bian was re-elected by 50.1% of the popular vote to a second term. The election was marred by a shooting incident the day before the election during which President Chen and his running mate Vice President Annette Lu were slightly wounded. While the opposition contested the results, it was the first time that the DPP had won an outright majority in an island-wide election. The March 22, 2008, presidential election, however, went decisively (58%) to KMT candidate Ma Ying-jeou which, with the KMT legislative victory two months earlier, returned the government to full KMT control.

The March 2004 election also included a "defensive referendum." Historically, the issue of referenda has been closely tied to the question of Taiwan independence, and thus has been a sensitive issue in cross Strait relations. There were two referenda before the voters on March 20. The first asked in light of the P.R.C. missile threat whether Taiwan should purchase anti-missile systems. The second asked whether Taiwan should adopt a "peace framework" for addressing cross Strait differences with the P.R.C. However both referenda failed to obtain support from over 50% of eligible voters, as required to be valid. Two referenda on political party assets and anti-corruption were held in conjunction with the January 2008 LY elections, and two referenda on joining the UN were held in conjunction with the March 2008 presidential election. All four referenda failed to meet the validity threshold of 50% of eligible voters.

President Chen Shui-bian called for major constitutional reforms by 2006--later changed to 2008--aimed at further reducing layers of government, and making other structural changes aimed at improving governance. The People's Republic of China has accused Chen of using the constitution issue to move Taiwan towards independence. Chen pledged, however, in his May 20, 2004 inaugural address not to use constitutional reform to alter the constitution's approach to Taiwan's status vis-à-vis China.

The final National Assembly passed a set of constitutional amendments in June 2005 that halved the number of LY seats from 225 to 113 and created single-member legislative election districts beginning with the January 2008 legislative election. The constitutional revisions also abolished the National Assembly and provided for the public to confirm or reject future constitutional amendments passed by the LY. President Chen called for "Round Two" of constitutional revision focusing on the form of government (presidential or parliamentary, 5-branch or 3-branch) and on human, labor, and aborigine rights. He pledged not to include independence or name change in his proposed constitutional revisions. There has been no action on these proposed further revisions.

In the December 2004 Legislative election, the ruling DPP won a plurality with 89 of the 225 seats, gaining 2 seats more than it did in 2001. The opposition KMT won 79 seats, or 11 more than it did in 2001. The KMT's "pan-Blue" coalition partner, the PFP, won only 34, 12 fewer than it won in 2001, while the DPP's partner, TSU won 12 seats. The New Party won one seat. The ruling "pan-Green" coalition's inability to secure a majority has left the LY in virtual gridlock since the election. The KMT won a landslide victory in December 2005 local elections, however, winning 14 of the 23 city mayor and county magistrate races to the ruling DPP's 6. In December 2006, the KMT won the mayoral election in Taipei City, while the DPP won in Kaohsiung City. The KMT won an absolute majority in the January 2008 LY election, winning 81 seats to the ruling DPP's 27 seats, with the other five seats going to small party and independent candidates.

Political Parties
In addition to the KMT (described above in 'History' and 'Political Conditions'), there is one other major political party, the DPP, whose membership is made up largely of native Taiwanese, and whose platform includes outspoken positions on some of the most sensitive issues in Taiwan politics. For example, the DPP maintains that Taiwan is an entity separate from mainland China, in contrast to the KMT position that Taiwan and the mainland, though currently divided, are both part of "one China." In sharp contrast to the tenets of both KMT and P.R.C. policy, a number of ranking DPP officials openly advocate independence for Taiwan.

There are a number of small political parties, most notably the Taiwan Solidarity Union (TSU). Former KMT President Lee Teng-hui broke with the KMT after the 2000 presidential election and formed the pro-independence Taiwan Solidarity Union (TSU) in 2001. The TSU, which advocates changing Taiwan's official name and completely replacing the 1947 constitution, allied itself with the DPP as part of the ruling "Pan-Green" alliance. The TSU, however, failed to elect any members to the LY in January 2008. The other significant small party, People First Party (PFP), was formed in the wake of the March 2000 presidential election, composed of former KMT members who supported former KMT Taiwan Provincial Governor James Soong's presidential bid. PFP and KMT subsequently formed the "Pan-Blue" Alliance to oppose the DPP government. The PFP, however, largely merged with the KMT in the run up to the January 2008 LY election, although one PFP candidate did win election to the LY under the name PFP. In addition, there are more than 10 other small political parties, such as the Hakka Party, the Green Party, and the Constitution Party, none of which received more than 1% or 2% of votes in the January 2008 LY election.

Taiwan and the Mainland
Despite differences between Taiwan and the P.R.C., contact between the two sides of the Taiwan Strait has grown significantly over the past decade. Taiwan has continued to relax restrictions on unofficial contacts with the P.R.C., and cross-Strait interaction has mushroomed. In January 2001, Taiwan formally allowed the "three mini-links" (direct trade, travel, and postal links) from Quemoy and Matsu Islands to Fujian Province and permitted direct cross-Strait trade in February 2002. Taiwan authorities permitted residents of Penghu Islands starting on April 1, 2007, to begin visiting mainland China via Kinmen and Matsu. Cross-Strait trade has grown rapidly over the past 10 years. China is Taiwan's largest trading partner, and Taiwan is China's fifth largest. Estimates of Taiwan investment on the mainland, both officially approved by Taiwan authorities and investment made by Taiwan firms through third parties, start from $100 billion, making Taiwan and Hong Kong the two largest investors. This trade runs heavily in Taiwan's favor and continues to grow, providing another engine for the island's economy. The trend in cross-Strait economic interaction is one of steady growth with, so far, only temporary setbacks due to political factors such as the P.R.C.'s March 2005 passage of an Anti-Secession Law. In August 2001, President Chen accepted the recommendation of the Economic Development Advisory Council to set aside the "no haste, be patient" policy of the Lee administration and replace it with an "active opening, effective management policy." However, in January 2006, President Chen reversed the policy to "active management, effective opening." In February 2003, Taiwan and the P.R.C. agreed to allow Taiwan carriers to fly non-stop via Hong Kong or Macao to bring Taiwan residents on the mainland home for the Lunar New Year holiday. The two sides agreed to conduct Lunar New Year charter flights again in 2005, with flights operated by both Taiwan and P.R.C. carriers flying over, but not having to land in, Hong Kong or Macau. The two sides agreed on an expanded series of Lunar New Year charter flights in January-February 2006, and in June 2006 regularized these charter flights to include the other 3 major holidays--Dragon Boat festival, Mid-Autumn festival and January 1 New Year. These charter flights continue. President-elect Ma Ying-jeou has pledged to expand cross-Strait charter flights and increase the number of P.R.C. tourists visiting Taiwan early in his administration beginning May 20, 2008.

The development of semiofficial cross-Strait relations has been halting. Prior to April 1993, when talks were held in Singapore between the heads of two private intermediary organizations--Taiwan's Straits Exchange Foundation (SEF) and the P.R.C.'s Association for Relations Across the Taiwan Strait (ARATS)--there had been some lower-level exchanges between the two sides of the Strait. The April 1993 SEF-ARATS talks primarily addressed technical issues relating to cross-Strait interactions. Lower-level talks continued on a fairly regular basis until they were suspended by Beijing in 1995 after President Lee's U.S. visit. Unofficial exchanges resumed in 1997 through informal meetings between personnel of the two sides' unofficial representative organizations. Direct SEF-ARATS contacts resumed in April 1998, and SEF Chairman Koo Chen-fu visited the mainland in October 1998. A planned visit by ARATS Chairman Wang Daohan to Taiwan in the fall, however, was postponed following statements made by then-President Lee Teng-hui that relations between the P.R.C. and Taiwan should be conducted as "state-to-state" or at least as "special state-to-state relations." Since his May 20, 2000 inauguration, President Chen has called for resuming the cross-Strait dialogue without any preconditions. President Chen has stated that such talks should be conducted in the spirit of the 1992 Hong Kong talks, a reference to a meeting the two sides held to discuss how to handle political barriers to cross-Strait interaction. The P.R.C. has responded that the Chen administration must acknowledge that the two sides reached a consensus that there is only "one China" before any dialogue can be restarted. In his May 20, 2004 inaugural address, President Chen recognized the P.R.C.'s insistence on "one China" but stopped short of endorsing the concept. He called for a new "Cross-Strait Framework for Peace and Stability" and enhanced political, economic, and social exchanges between the two sides. In the face of the "one China" recognition obstacle and Taiwan's resentment over the P.R.C.'s March 2005 "Anti-Secession Law," Taipei and Beijing have been cautiously feeling each other out on a series of smaller, intermediary steps, including cross-Strait cargo and passenger charter flights, sale of Taiwan agricultural products in the P.R.C., and P.R.C. tourists visiting Taiwan. These discussions largely halted, however, in spring 2007, as the Taiwan presidential and legislative elections got underway. President-elect Ma Ying-jeou has pledged to reopen and complete these negotiations early in his administration. The United States has welcomed and encouraged the cross-Strait dialogue as a process which contributes to a reduction of tension and to an environment conducive to the eventual peaceful resolution of the outstanding differences between the two sides. The United States believes that differences between Taipei and Beijing should be resolved peacefully in a manner acceptable to people on both sides of the Taiwan Strait.

Principal Leaders
President--Chen Shui-bian
Vice President--Annette Lu (Lu Hsiu-lien)
Premier--Chang Chun-hsiung
Vice Premier--Chiou I-jen

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