The Legislative Yuan

As introduced by the Yearbook of the Republic of China:

The Legislative Yuan (Legislature) is the highest legislative body of the state, consisting of popularly elected representatives who serve for three years and are eligible for reelection. Elections for the fifth Legislative Yuan were held in December 2001.

Functions and Powers

In accordance with the Constitution, the Legislature has the following functions and powers:

• General legislative power: The Legislature exercises legislative power on behalf of the people. The term "act" as used in the Constitution includes any legislative bill passed by the Legislature and promulgated by the President of the Republic.

• Confirmation of emergency decrees: Emergency decrees and measures proclaimed by the President in the case of an imminent threat to national security or a serious financial or economic crisis, during the recess of the Legislature, are presented to the Legislature for confirmation within ten days of issuance. Should the President issue an emergency decree after dissolving the Legislative Yuan, the Legislative Yuan convenes of its own accord within three days and has seven days to decide whether to ratify the decree.

• Hearing reports on administration and revision of government policy: The Executive Yuan presents a statement of its administrative policies and a report on its administration to the Legislative Yuan. If the Legislative Yuan does not concur with any important Executive Yuan policy, it may request the Executive Yuan to alter such a policy.

• Examination of budgetary bills and audit reports: The Legislative Yuan has the power to decide by resolution upon budgetary bills, which the Executive Yuan is required to present to the Legislative Yuan three months before the beginning of each fiscal year. The auditor-general, within three months after presentation by the Executive Yuan of the final accounts of revenues and expenditures, completes the audit in accordance with the law, and submits an audit report to the Legislative Yuan.

• Right of consent: The presidents of the Control, Examination, and Judicial Yuan are nominated and appointed by the President of the Republic with the consent of the Legislative Yuan.

• Amendment of the Constitution: Upon the proposal of one-fourth of the members of the Legislative Yuan and by resolution of three-fourths of the members present at a meeting having a quorum of three-fourths of the members of the Yuan, a bill to amend the Constitution may be submitted to the National Assembly for deliberation.

• Settlement of disputes concerning self-governance: The Legislature settles any disputes over items and matters of self-governance of special municipalities, counties/cities, or other administrative units.

Article 4 of the Additional Articles of the Constitution of the Republic of China has given the Legislature power to institute impeachment proceedings against the President or Vice President of the Republic. Impeachment of the President or Vice President will be initiated upon the agreement of more than two-thirds of all members of the Legislative Yuan, after proposal by more than one-half of the legislators. The resolution will be submitted to the National Assembly.

Election and Tenure of Office

According to Article 4 of the Additional Articles of the Constitution of the Republic of China, beginning with the fourth Legislative Yuan, the Legislative Yuan will have 225 members, elected as follows: First, 168 members shall be elected from the special municipalities, counties, and cities in the ROC. At least one member shall be elected in each county and city. Second, four members each shall be elected from among the plains and mountain aborigines in the ROC. Third, eight members shall be elected from among the ROC citizens who reside abroad. Fourth, 41 members shall be elected from the national constituency.

Members in the third and fourth categories above shall be selected by proportional representation of political parties. Where the number of seats for each special municipality, county, and city as set forth in the first item, and for each political party as set forth in the third and fourth items, is not less than five and not more than ten, one seat shall be reserved for a female candidate. Where the number exceeds ten, one seat out of each additional ten shall be reserved for a female candidate.

Procedures pertaining to the election of members shall be conducted openly by universal, equal, and direct vote by single and secret ballot. The election shall be completed three months prior to the expiration of the current term. If more than 2 percent of the total voters in a district feel that their elected representative has not properly performed, they may file a petition for recall, after the member has been in office for one year.

Immunity and Restrictions

According to Article 73 of the Constitution, "No member of the Legislative Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan." This is to protect members from outside threats or disturbances, so that they can express their views and cast ballots freely.

According to Article 4 of the Additional Articles of the Constitution of the Republic of China, no member of the Legislative Yuan may, except in case of flagrante delicto, be arrested or detained without the permission of the Legislative Yuan when that body is in session. The provisions of Article 74 of the Constitution shall cease to apply.

Article 75 of the Constitution states: "No member of the Legislative Yuan shall concurrently hold a government post." This provision completely separates legislative and executive powers to avoid a monopolization of power by members of the Legislature.

Organization and Functions

The Legislature operates through sessions of the Yuan, committees, and the secretariat. The Yuan holds two sessions each year and convenes of its own accord. The first session lasts from February to the end of May, and the second from September to the end of December. Whenever necessary, a session may be extended. An extraordinary session may be held at the request of no less than one-fourth of its members. Regular meetings of the Legislature require a quorum of one-third of the total membership. Unless otherwise stipulated, resolutions at meetings of the Legislature are adopted by a simple majority vote.

In case of a tie, the chairman casts the deciding vote. In exercising the power of consent in accordance with Article 104 of the Constitution, the Legislative Yuan may vote on the matter, after hearing the report of the committee of the whole Yuan. The chairman is elected by and from the members present at a meeting of the committee of the whole Yuan, when the president and vice president of the Yuan are both absent.

The Legislative Yuan has the following 12 standing committees: Home and Nations, Foreign and Overseas Chinese Affairs, Sci-Tech and Information, National Defense, Economics and Energy, Finance, Budget and Final Accounts, Education and Culture, Transportation, Judiciary, Organic Laws and Statutes, and Sanitation and Environment as well as Social Welfare. Each of the committees is composed of not more than 21 members, and no member may serve on more than one committee. The Legislature has the following four ad hoc committees: Discipline, Procedure, Expenditure Examination, and Constitutional Amendment.