I.
Ten Thousand Year Congress vs.
Will of the People
The Only Universal Suffrage in Chinese
History, Judicial Yuan Interpretation Extended Term Limits Indefinitely
The “first elected representatives in the central
government” of the ROC were voted to office between November 1947 and January 1948. To this day,
this was the first and only instance of universal suffrage in Chinese history.
The historical significance of this election aside,
this first nationwide election was held in the winter,
during an era when transportation infrastructure was
lacking in China, and when there was no universal
education and therefore much of the citizens are illiterate. On top of all that, there was an ongoing civil
war. Therefore, the authenticity and fairness of many
constituencies is up for debate.
Take the legislators, for example. The total number
of legislators to be elected was 773, but only 759 legislators who were sworn in and took office in Nanjing
in February 1948. After the government retreated in
Taiwan, the number of legislators who reported to
Taiwan ranged from 479 in 1950 to 504 in 1958.
According to the Constitution, the term of these
elected representatives should have expired in 1951,
when another election should have been held. However, the Judicial Yuan Interpretation No. 31 allowed
them to continue exerting their powers because “it is
de-facto impossible to hold re-elections in areas taken
over by communist rebels”.
By the late 1960s, the CCP had gained more support from emerging countries in the United Nations,
and it became increasingly difficult for the United
States to firmly support the legitimacy of Chiang’s
124
regime to represent China in the United Nations. To
bolster the ROC’s image of freedom and democracy,
a small number of legislators were added through
“supplementary elections”.
That is to say, on March 27, 1969, the government
announced the Measures for the Supplementary Election and Re-election of Public Servants in the Central
Government in Free Areas During the Communist
Rebellion, allowing the Taiwanese people to elect
“supplementary��� representatives for the first time.
However, Taiwanese people were only given 15 seats
in the National Assembly and 11 seats in the Legislative Yuan. Like the first elected representatives, these
new representatives had indefinite terms. Former DPP
chairman Huang Hsin-chieh was among those elected
at this time.
After the ROC lost its seat in the UN in 1971, the
need for “political reform” and “challenging communism with democracy” became more urgent. In 1972,
the Regulations for the Election of Supplementary
Representatives in the Free Area During the Communist Rebellion was passed. Since then, regular smallscale re-elections of representatives were held, with
legislators holding terms of three year. However, during the first supplementary election, there were only
53 seats in the National Assembly and 51 seats in the
Legislative Yuan.
The last supplementary election was held on December 2, 1989, and the elected representatives were
sworn in during February the following year. By then,
the “first” Legislative Yuan was in its 85th session.
The number of seats in the Legislative Yuan (including regional and occupational seats) had gradually
increased to 101.
"Senior" legislators, whose term had lasted for 43 years, holding a meeting in the Legislative Yuan before leaving
office at the end of 1991. Photographer: Hsu Po-hsin
At the time, however, those with indefinite term
limits included 153 legislators and another 29 legislators representing overseas nationals chosen by the
President, totaling 182 seats. In other words, up to
64% of legislators were not elected by the people of
Taiwan, but constituted an important voting force for
the authoritarian regime.
Among the 101 supplementary legislators elected,
DPP candidates and the independent Chen Ting-nan
were elected to 21 seats, accounting for 7.4% of the
total number of legislators, just barely enough signatures to submit proposals. They didn’t even have as
many seats as the 29 overseas Chinese representatives
selected by the President.
Although the DPP only had 21 seats in the Legislative Yuan, their calls for freedom and democracy gave
them the political moral high ground. This was particularly the case at time where there was a trend of
democracy succeeding autocracy in the international
community. One could say that the world turned
upside down between 1989 and 1990. Major interna-
tional events include:
the Soviet Union surrendered its one-party dictatorship in the Revolutions of 1989; the Berlin Wall
fell, reuniting West and East Germany; and the proindependence movements of the Baltic nations. There
was also the opening of China. It is a shame that the
Tiananmen Square Massacre occurred in 1989.
The Wild Lily student movement also broke out in
March of 1990 in Taiwan, leading to constitutional reforms. The DPP’s actions to support political victims
also escalated from street protests to legal reforms.
The Ten Thousand Year Congress Defies the Will of the People, Backlash
Against Police Brutality Intensified Constitutional Reforms
In April 1990, Chen Shui-bian, then a new legislator elected to office just two months prior and the
head of the DPP caucus, was the first to lead joint
proposals to abolish the Betrayers Punishment Act
125