| Government |
Freedom and democracy are more than just slogans in the Republic of China (ROC). They are the tangible results of constitutional government and the rule of law. This chapter outlines the ROC Constitution and governmental structure. First, the essential concepts of the Constitution are explained, followed by a description of various units of the central government.
The
ROC Constitution is based on the principles of nationalism, democracy,
and social well-being formulated by Dr. Sun Yat-sen, the founding father
of the ROC. His political doctrine is known as the Three Principles of
the People.
The Principle of Nationalism postulates the equal treatment and sovereign status for the ROC internationally as well as equality for all ethnic groups within the nation. The Principle of Democracy, assuring each citizen the right to exercise political and civil liberties, is the foundation for the organization and structure of the ROC government. The Principle of Social Well-being indicates that the powers granted to the government must ultimately serve the welfare of the people by building a prosperous economy and a just society. The three principles have extensively shaped current policies and legislation in many areas, such as education, land reforms, social welfare, and relations with China. More recently, they have contributed heavily to political and economic liberalization. |
 |
| Constitutional Rights and Freedoms |
The
ROC Constitution guarantees various rights and freedoms to all citizens.
Modeled after American constitutional concepts, these rights include equality,
work, livelihood, and property, as well as the four political powers of
election, recall, initiative, and referendum. The people have the duty
to pay taxes and perform military service as prescribed by law. Obtaining
an education is considered both a right and a duty of the people.
The people are also entitled to the freedoms of speech, residence, travel, assembly, confidential communication, religion, and association. Personal freedom is also guaranteed. Rights and freedoms not specified in the Constitution are also protected, if they do not violate social order and public interest. The law may not restrict freedoms stipulated in the Constitution, unless the freedoms are abused, the freedoms of others are infringed, or public order is threatened. Even in these situations, the Constitution permits restrictions on constitutional rights and freedoms only under specific circumstances. This is designed to prevent legislative bodies from enacting laws that exceed the limits established by the Constitution. Restrictions on constitutional freedoms are valid only if contained in legislation necessary to prevent restrictions against the freedom of others, to respond to emergencies, to maintain social order, or to enhance social interest. In any case, arrest, trial, and punishment must be implemented strictly in accordance with proper legal procedures. If human rights are violated by the government, the victims are entitled to compensation by the state. |
| Government, Economic, and Social Policies |
The
ROC Constitution contains provisions for legislation and procedures addressing
important government, economic, and social issues. Chapter XIII of the
Constitution (Fundamental National Policies) contains articles on national
defense, foreign policy, national economy, social security, education
and culture, and frontier regions. The policies outline the government's
responsibility to provide necessary support for the welfare and well-being
of the people and enable them to engage in various business and professional
activities. Article 10 of the Additional Articles of the Constitution
prescribes specific policy orientations on several modern issues including
scientific development, industrial modernization, environmental protection,
national health insurance, and the elimination of sexual discrimination.
|
 |
