Chinese Politics 101: Legislature, Executive and the Judiciary
Chinese Politics in the Nanking Era was a complicated mess of competing interest groups, personal loyalties and familial affiliations. In order to understand the structure of Chinese Politics in the area one must come to terms with the "family" system that the Kuomintang advocated during the Nanking decade.
The basic principle of the "family" system was that government and society was to be shaped in a hierarchy with the President as the Father. All who payed respect to and obeyed the President would flourish in the system - communists, trade unionists, businesses, landlords, peasants, bankers, industrialists and a whole range of seemingly disparate groups existed in a relative state of harmony through the wise and benevolent leadership of the President. (Although cynics would argue that it was the fruits of economic growth that created enough prosperity to maintain social cohesion in the face of swift change.) The "Mother" of the Nation was the apparatus of government - as with Chinese domestic politics - the mother reigned supreme in the domestic affairs, but the "Mother" could never deign to question the "Father's" supremely benevolent wisdom.
The "Family" system of Republican China should have lent itself to authoritarian - even outright dictatorial government. Indeed the Second Republic did share features of it's Fascist and National Socialist allies - it had a bloated security apparatus, a harsh and punitive penal system for political prisoners, engaged in mass propaganda efforts aimed at portraying one figure as the "Father" of the nation and exercised wide-ranging censorship efforts. However, the Second Republic never became as authoritarian as it's Italian and German ideological bretheren did - why was this the case?
An important factor for this is that the top leadership of the Kuomintang - from Chiang Kai-shek to Wang Jingwei were convinced democrats by experience. The experience of a crazed and senile Sun Yat-sen nearly running the movement to the ground and destroying all they had accomplished had convinced them all of the need for the President's power to be constrained. Consequently the 1933 Constitutional Convention produced a consitution that still retained a very powerful executive: The President was the Commander in Chief of the Armed Forces, controlled appointment to the Cabinet, could dissolve the
Yuan (Chinese Parliament) and had the power to influence the appointment of 800 of the 2000 member
Yuan. The President also chaired the Executive Council The President's term was also set at 10 years. Overall the President's role was very powerful - but he was constrained by several players.
The first player who could play a check on the President's power was the Premier. The Premier was elected to chair the 2000 member Yuan by the Yuan through blind negative voting. The Premier needed to be a member of the Yuan to be eligeble. Whoever received the least negative votes in the election and became Premier. Because of the nature of the voting whoever was the least controversial and most 'non-partisan' and a consensus-oriented figure would receive the job. The Premier acted as a check on the President because being Premier meant automatic inclusion in Cabinet and Executive Council where he/she could use his morale stature and authority against the President. In more blunt terms - the Premier could call for a vote of no confidence which would succeed if it received a 3/4th majority in the Yuan.
The second player who could play a check on the President's power was the Prime Minister. The Prime Minister was elected by the Yuan - whoever could form the most support amongst the disparate factions would win the Prime Ministership. The Prime Minister chaired the Cabinet and could make 'recommendations' on who was selected to the Cabinet - however ultimately the president had the final authority on who was selected. However, Cabinet was closed to the President once the members was chosen - the President was not allowed to participate in meetings - even in an ex-officio capacity. Like the Premier - the Prime Minister had the moral authority to challenge the president. The Prime Minister could call for a vote of no-confidence in the Cabinet which would succeed if it received a 2/3rds majority.
The President's own Executive Council could also check his own power. Any member of the Executive Council could call for a vote of no-confidence which only required a 50% + 1 majority to succeed.
The final player who could check presidential power was the "Supreme Arbiter" - the head of the Chinese Supreme Court. Theoretically speaking, after deliberation, the decision of the Chinese Supreme Court which was conveyed by the Supreme Arbiter was binding and final and since in theory all was equal under law - the President could be removed in this way.
In conclusion - Chinese politics is complex - there is simply no way that one can understand everything in one short sitting. However - the above piece may provide some context and understanding to a very complex topic.
The Relation Between Legislature and the Executive:
Thanks to everyone for their support and kind words
Update schedule - 1935:
Part A: Chinese Politics 101 - Today
Part B: The Election - Tommorow
Part C: Squalor Victoria - Aftermath of the 1935 Election - Friday
Feedback and comments, questions welcome as usual
