The central government consists of the Office of the President and five branches, or yuan—the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan.
The president of the Republic is the head of state and commander-in-chief of the Armed Forces (see Chapter 7, “National Defense”). As head of state, the president represents the nation in foreign relations and at state functions, and may conclude international agreements. The president is further empowered by the Constitution to
‧ appoint and remove top civil and military officials;
With respect to the last point, emergency decrees must be ratified by the Legislature within 10 days of issuance. Should the Legislature withhold confirmation, emergency decrees are immediately annulled. Regarding the fourth point, in the event disagreements arise between the Executive Yuan and the Legislature, for example, the president of the Republic may call a meeting of the presidents of the two branches—the premier and the legislative speaker—to work out a solution.
Under the direct administrative jurisdiction of the Office of the President are Academia Sinica, Academia Historica and the National Security Council. Academia Sinica scholars are widely reputed as being among the nation’s top researchers in many disciplines in both the physical and social sciences. Academia Historica is the custodian of the national archives and other important historical items. And the National Security Council is charged with assisting the president in addressing issues that concern the nation’s critical interests (see Chapter 7, “National Defense”).
The president and the vice president are elected as a ticket and win office by receiving a plurality of the popular vote. Their term of office is four years, and they may be re-elected to serve one consecutive term.
The ROC is sometimes described as having a semi-presidential system because the president does not exercise direct administrative authority over the executive branch. Nevertheless, the president exerts considerable influence over the operations of the various branches of the central government through his power to appoint the premier and other top officials. As the president’s appointment of the premier does not require confirmation by the Legislature, the premier’s policy-making normally adheres closely to guidelines laid out by the president.
The Executive Yuan is the executive branch of the ROC government, headed by the premier. The premier is directly appointed by the president, while other members of the Executive Yuan Council, or Cabinet—comprising the vice premier, ministers, chairpersons of commissions and ministers without portfolio—are appointed by the president on recommendation of the premier. In addition to supervising the subordinate organs of the Executive Yuan, the premier
‧ explains administrative policies and reports to the Legislature and responds, either orally or in writing, to the interpellations of legislators; and
For laws to take effect after enactment by the Legislature, they must be promulgated by the president and countersigned by the premier.
Currently, there are eight ministries and 29 other Cabinet-level organizations under the Executive Yuan (see chart on page 65). The newest one, the National Communications Commission, tasked with regulating the telecommunications and broadcasting sectors, began operations in 2006.
To streamline the central government and improve its effectiveness, while at the same time enhancing flexibility within its departments, the Cabinet proposed several government-restructuring bills to the Legislature, which were enacted and promulgated in early 2010. Among them are amendments to the Basic Code Governing Central Administrative Agencies Organizations and the Organizational Act of the Executive Yuan. In addition, two new laws—the Central Government Agency Personnel Quota Act and the Provisional Act for Adjustment of Functions and Organizations of the Executive Yuan—have come into force.
Accordingly, the number of Cabinetlevel organizations will be reduced from 37 to 29. The executive branch will then be composed of 14 ministries, eight councils, three independent agencies and four additional organizations. Six new ministries will be formed—the ministries of labor, agriculture, health and welfare, the environment, culture, and science and technology.
The Legislative Yuan is the central government’s sole law-making body. It comprises 113 legislators, one per electoral district, who serve four-year terms and are eligible to stand for re-election indefinitely.
Legislators elect from their ranks the legislative speaker, or president of the Legislative Yuan. The speaker is responsible for coordinating operations of the Legislature. This includes facilitating communication and compromise between legislators regarding contentious aspects of legislation.
The Legislature’s functions and powers include general legislative power; hearing reports by government officials and questioning them on government policies and their implementation; reviewing budgetary bills and audit reports; confirming presidential nominations to top government posts (including members of the Control Yuan and Examination Yuan councils and the Judicial Yuan justices); and initiating proposals to amend the Constitution (subject to ratification by popular referendum).
Further, the Legislature is empowered to help settle disputes involving local governments; initiate no-confidence votes against the premier; review and confirm emergency decrees issued by the ROC president; receive reports on the state of the nation by the ROC president; and impeach the ROC president or vice president.
To enable legislators to carry out their responsibilities without being subjected to undue pressures, they are granted certain immunities by the Constitution. They are not legally liable for votes cast or statements made in the Legislature. And, except in case of flagrante delicto, they cannot be arrested or detained without consent of the Legislature.
Among important items of legislation enacted and promulgated in 2009 and early 2010 with the purpose of improving the quality of government were
‧ the Civil Servant Administrative Neutrality Act, aimed at preventing political interference in government administration;
The Legislature also ratified the U.N. International Covenant on Civil and Political Rights and the U.N. International Covenant on Economic, Social and Cultural Rights, in tandem with passage of legislation requiring that all ROC laws be in conformance with the two conventions.
The central function of the Judicial Yuan is to oversee the operations of the nation’s court systems, the largest of which hears criminal and civil cases, comprising district courts, high courts and a Supreme Court. Issues of fact are adjudged by district courts and high courts, while the Supreme Court considers only issues of law.
The Administrative Court system, consisting of regional high administrative courts and a Supreme Administrative Court, adjudicates cases in which individuals, groups of persons or juridical persons seek remedies to violations of laws or regulations allegedly committed by government organizations. The high administrative courts hand down judgments on questions of both fact and law, while the Supreme Administrative Court reviews only questions of law.
Cases involving alleged violations of intellectual property laws and regulations may, under certain circumstances and at various stages of litigation, be referred to a specialized Intellectual Property Court, which began operations in 2008.
Through its Commission on the Disciplinary Sanctions of Functionaries, the Judicial Yuan also hands down decisions on administrative discipline of government employees who have been censured or impeached by the Control Yuan for malfeasance or for having been found by a court of law to be guilty of violating criminal or civil laws. Depending on the severity of the offense in question, the commission may mete out punishments including demotions, salary reductions, demerits, reprimands, suspension from office or dismissal. In the case of political appointees, only dismissals and reprimands are applicable.
Judges in the ROC’s court systems are not appointed to their positions by a political leader, nor can local judges be elected. Like career civil servants in the executive branch, judges are selected through an examination process, but one that is designed and administered by the Judicial Yuan rather than by the Examination Yuan. Those who pass the examination undergo an intensive course of training at the yuan’s Judicial Personnel Study Center. And those who complete the course successfully are appointed as lifetime judges in one of the above-mentioned court systems. Judges who serve in the Intellectual Property Court must receive specialized training in IP legal affairs.
At the apex of the ROC’s judicial system are the Justices of the Constitutional Court. The court’s 15 justices render rulings, referred to as “interpretations,” on the constitutionality of laws, legal procedures and government actions; make recommendations concerning rectification of inconsistencies between different laws and regulations; and preside over impeachment trials of the nation’s president or vice president if the Legislature passes an impeachment resolution.
The justices, including the Judicial Yuan president and vice president, are nominated and appointed by the president of the Republic with the consent of the Legislature. Since 2003, they have served staggered terms of eight years and may not serve a second term consecutively.
The Examination Yuan is responsible for administering the nation’s civil service system. The primary rationale for having this independent branch of government is to ensure equality of opportunity among candidates for government employment and to set uniform standards, salaries and benefits throughout the central government as well as local governments.
This branch of government comprises the 19-member Examination Yuan Council chaired by the yuan’s president; the Ministry of Examination; the Ministry of Civil Service; the Civil Service Protection and Training Commission; and the Supervisory Board for the Civil Servant Pension Fund. Members of the council are appointed for six-year terms by the nation’s president with the approval of the Legislature. At the end of their terms, they may be reappointed.
To boost the government’s quality of service, the Examination Yuan has proposed a variety of civil service reform bills. One of its major proposals is to institute a more rigorous system of yearend performance evaluations of civil servants that will enable government agencies to unambiguously identify and dismiss those who chronically fail to meet performance standards.
The Executive Yuan’s Central Personnel Administration, meanwhile, is drawing up plans to raise the proportion of government contract employees from 8 percent to 15 percent or more.
The Control Yuan is an independent watchdog body comprised of 29 members and the Ministry of Audit. All members, including the Control Yuan president, as well as the head of the ministry—the auditor-general—are appointed by the ROC president with the consent of the Legislature for a term of six years, which may be renewed.
The Control Yuan Council is mandated to investigate complaints of malfeasance or even criminal acts committed by public servants or agencies and to censure or impeach them. Individuals are able to initiate such investigations without having to expend heavy legal fees, while council members are empowered to launch investigations on their own initiative. Through the Ministry of Audit, the Control Yuan also exercises the power to monitor the propriety of government organizations’ expenditures.
Depending upon its findings, the council may vote simply to prescribe corrective measures to an offending government agency or public servant and demand progress reports on their implementation within a specified time. In cases of serious infractions, it may issue censures to or impeach public servants, resulting in punishment being meted out by the Judicial Yuan’s Commission on the Disciplinary Sanctions of Functionaries or, in cases involving military personnel, by the Ministry of National Defense. In instances where the Control Yuan Council concludes that crimes have been committed, it refers such cases to both courts and the commission.