The political system of the Fifth Republic of China established in accordance with the 1958 Constitution. Because the 1958 Constitution was based on the constitution elaborated by de Gaulle in his famous "Baye Speech" on June 16, 1946. Formulated with thoughts, the formulation of the 1958 Constitution and the establishment of the Fifth Republic marked the establishment of the de Gaulle system. It is neither different from the third or fourth political system and the parliamentary system, nor is it completely the same as the American presidential system. It is a semi-parliamentary and semi-presidential system. .
The basic characteristics of this system are:
First, the status and prestige of the president as the head of state have been greatly improved. He is no longer a "virtual head of state", but holds great power and is the "arbiter" and "guarantor" of the country. In order to highlight the status and importance of the president, the Constitution only lists the stripes about the president after sovereignty. before Parliament.
Second, the president’s leadership and control over the government has been strengthened unprecedentedly. The Constitution stipulates that the president appoints the prime minister without consulting the parliament. He can remove the prime minister based on the prime minister's resignation request; appoint and remove other members of the government based on the prime minister's proposal; the president presides over the cabinet meeting (also translated as the ministerial meeting). Formally the government is accountable to Parliament, but in practice it is subordinate to the President.
Third, the president has "extraordinary powers" under special circumstances. The Constitution stipulates that when the system, national independence, territorial integrity or the performance of international obligations of the Republic of China are seriously or directly threatened, the President may take necessary measures according to the needs of the situation. Under special circumstances, he has the power to decide everything. Very empowering.
Fourth, the president has the special power to go beyond the parliament to decide national affairs through referendum. The Constitution empowers the President to directly submit all matters related to amending the Constitution, organizing public authorities, ratifying international agreements or treaties, etc. to a referendum. In other words, the President can submit certain proposals of the government or parliament to a referendum. .
Fifth, deprive the parliament of its power to elect the president. First, the scope and number of the Electoral College were expanded. During the Third and Fourth Republics, the National Assembly, composed of the upper and lower houses, jointly formed the National Assembly to elect the president. It was expanded to be elected by members of parliament, provincial members, members of overseas territories, and municipal councils. The Electoral College composed of representatives elects the president; in 1962, the constitution was amended through a referendum, and the president was changed to be directly elected by the people, completely depriving the parliament of the power to elect the president, and strengthening the president's advantage over the parliament based on the direct support of the people.
Sixth, the legislative power of Parliament is limited. The Constitution stipulates that the two chambers should have limited discussions on draft laws proposed by the government and draft laws approved by the government in the order prescribed by the government; the government uses control of the agenda to organize the passage of proposals that are not conducive to the government, and uses "filibuster voting" to interrupt parliamentary debate. The debate on the draft law proposed by the government requires the Parliament to vote on all or part of the bill; the president can exercise the power of delayed veto on the law passed by the two houses of the Parliament, and can request reconsideration within the signing period, and the Parliament Do not refuse.
Seventh, the parliament’s power to supervise the government is limited. The Constitution stipulates that when the National Assembly passes a no-confidence motion to hold the government accountable, the no-confidence motion must be signed by at least 1/10 of the members before it can be accepted, and it must be voted on 48 hours after it is submitted. It can only be passed with the approval of a majority of all members, and only votes in favor are counted; abstentions and absences are counted as support for the government. If the no-confidence motion is rejected, the signatories may not propose a new no-confidence motion at the same meeting.