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Legislative Yuan
The Legislative Yuan is the unicameral legislature of the Republic
of China (Taiwan). The Legislative Yuan chamber is located in Legislative Yuan
Taipei. Legislative Yuan is composed of 113 legislators, which are 立法院
directly elected by people on Taiwan, Pescadores, as well as people 10th Legislative Yuan
on the Kinmen and Matsu island groups off of mainland China
through a parallel voting for a 4year term. Like parliaments or
congresses of other countries, the Legislative Yuan is responsible for
the passage of legislation, which are then sent to the President for
signing. For these similarities, it is also common for people to refer
to the Legislative Yuan as "the parliament" (國會; Guóhuì; Kokhōe).
In the separation of powers design under the current amended
Constitution, the Legislative Yuan, as the only parliament body, also
hold power to initiate several constitutional process, including
constitutional amendment (then determined by a national Type
referendum), recall of the President (then determined by a recall Type Unicameral
vote), impeachment to the President (then judged by the
Constitutional Court). Lower house of the
Parliament of China (1947-
2005)
Contents History
Founded 5 December 1928
Composition (pre-constitutionalization)
Legislators
18 May 1948
Leadership
(by 1947 Constitution)[1][2]
Functions 24 February 1950
Powers (in Taipei)
Committees 7 June 2005
History (unicameral parliament)
Constitutional theory Leadership
Establishment and relocation to Taiwan President Yu Shyi-kun (DPP)
Democratization since 1 February 2020
Elections and terms Vice Tsai Chi-chang (DPP)
Composition by term President since 1 February 2016
Issues Majority Ker Chien-ming (DPP)
Protests and occupation Leader since 1 February 2016
Legislative violence Opposition Lin Wei-chou (KMT)
Gallery Leaders since 1 February 2020
Standing Committees
Chinese 立法院
Literal Law-establishing
Internal Administration Committee meaning court
Social Welfare and Environmental Hygiene Committee
Transcriptions
Judiciary and Organic Laws and Statutes Committee
Standard Mandarin
Transportation Committee
Education and Culture Committee Hanyu Pinyin Lìfǎyuàn
Constitutional theory
The 1947 Constitution of the Republic of China has many influence from the resolutions of the Political
Consultative Assembly held between the Chinese Nationalist Party (Kuomintang) and the Chinese Communist
Party. The legislators are to be elected through direct elections. In the constitution, Legislative Yuan, together
with National Assembly and Control Yuan, form a tricameral parliament according to the Judicial Yuan's
interpretation number 76 of the Constitution (1957).[6]
However, the later constitutional amendments in the 1990s removed the parliament roles from National
Assembly and Control Yuan and transferred them to the Legislative Yuan. Legislative Yuan then became the
unicameral parliament.
The original Legislative Yuan was formed in the original capital of Nanking after the completion of the
Northern Expedition. Its 51 members were appointed to a term of two years. The 4th Legislative Yuan under
this period had its members expanded to 194, and its term in office was extended to 14 years because of the
Second SinoJapanese War (1937–45). According to KMT political theory, these first four sessions marked the
period of political tutelage.
The current Constitution of the Republic of China came into effect on 25
December 1947, and the first Legislative session convened in Nanking on
18 May 1948, with 760 members. Six preparatory meetings had been held
on 8 May 1948, during which Sun Fo and Chen Lifu were elected
President and Vice President of the body. In 1949, the mainland fell to the
Communist Party and the Legislative Yuan (along with the entire ROC
government) was transplanted to Taipei. On 24 February 1950, 380
members convened at the Sun Yatsen Hall in Taipei.
Former Legislative Yuan building in
The first Legislative Yuan was to have been elected for a term of three
Nanking in 1928.
years ending in 1951; however, the fall of mainland China made it
impossible to hold new elections.[7] As a result, the Judicial Yuan decided
that the members of the Legislative Yuan would continue to hold office
until new elections could be held on the Mainland. This decision was
made in the belief that the KMT would retake the Mainland in a short
time. However, over the years, as the prospect of regaining the Mainland
diminished, this meant that the legislators from mainland districts (and
members of the ruling KMT) held their seats for life, in a oneparty
system. The body thus came to be called "the Nonreelected Congress".[7]
Over the years, deceased members elected on the mainland were not
replaced while additional seats were created for Taiwan starting with
Former Legislative Yuan and
eleven seats in 1969. Fiftyone new members were elected to a threeyear
Control Yuan building in Nanking in
term in 1972, fiftytwo in 1975, ninetyseven in 1980, ninetyeight in 1983,
1946–1949.
one hundred in 1986, and one hundred thirty in 1989. Although the
elected members of the Legislative Yuan did not have the majority to
defeat legislation, they were able to use the Legislative Yuan as a platform
to express political dissent. Opposition parties were formally illegal until 1991, but in the 1970s candidates to
the Legislative Yuan would run as Tangwai ("outside the party"), and in 1985 candidates began to run under
the banner of the Democratic Progressive Party.
Democratization
The members of the Legislative Yuan with extended terms remained until 31 December 1991, when as part of
subsequent Judicial Yuan ruling they were forced to retire and the members elected in 1989 remained until
the 161 members of the Second Legislative Yuan were elected in December 1992. The third LY, elected in 1995,
had 157 members serving 3year terms. The fourth LY, elected in 1998, was expanded to 225 members in part
to include legislators from the abolished provincial legislature of Taiwan Province. The Legislative Yuan
greatly increased its prominence after the 2000 Presidential elections in Taiwan when the Executive Yuan and
presidency was controlled by the Democratic Progressive Party while the Legislative Yuan had a large majority
of Kuomintang members. The legislative elections in late 2001 produced a contentious situation in which the
panblue coalition has only a thin majority over the governing pangreen coalition in the legislature,[8] making
the passage of bills often dependent on the votes of a few defectors and independents. Because of the party
situation there have been constitutional conflicts between the Legislative Yuan and the executive branch over
the process of appointment for the premier and whether the president has the power to call a special session.
Amid 70% public support, the Legislative Yuan voted 217–1 on 23 August 2004 for a package of amendments
to:
The new electoral system installed in 2008 includes 73 plurality seats (one for each electoral district), 6 seats
for aboriginals, with the remaining 34 seats to be filled from party lists. Every county has a minimum of 1
electoral district, thereby guaranteed at least one seat in the legislature, while half of the proportionally
represented seats drawn from party lists must be women.
Additionally, the Legislative Yuan proposed to abolish the National Assembly. Future amendments would still
be proposed by the LY by a threefourths vote from a quorum of at least threefourths of all members of the
Legislature. After a mandatory 180day promulgation period, the amendment would have to be ratified by an
absolute majority of all eligible voters of the ROC irrespective of voter turnout. The latter requirement would
allow a party to kill a referendum proposal by asking that their voters boycott the vote as was done by the KMT
with the referendums associated with the 2004 Presidential Election.
A DPP proposal to allow the citizens the right to initiate constitutional referendums was pulled off the table,
due to a lack of support. The proposal was criticized for dangerously lowering the threshold for considering a
constitutional amendment. Whereas a threefourths vote of the LY would require that any proposed
constitutional amendment have a broad political consensus behind it, a citizen's initiative would allow a
fraction of the electorate to force a constitutional referendum. It was feared that allowing this to occur would
result in a referendum on Taiwan independence which would likely result in a crisis with the People's Republic
of China.
The Legislative Yuan also proposed to give itself the power to summon the president for an annual "state of
the nation" address and launch a recall of the president and vice president (proposed by one fourth and
approved by two thirds of the legislators and be submitted to a nationwide referendum for approval or
rejection by majority vote). The Legislative Yuan will also have the power to propose the impeachment of the
president or vice president to the Council of Grand Justices.
An ad hoc National Assembly was elected and formed in 2005 to ratify the amendments. The downsized
Legislative Yuan took effect after the 2008 elections.
On 20 July 2007, the Legislative Yuan passed a Lobbying Act.[9]
Elections and terms
The Kuomintangled government of the Republic of China retreated to Taiwan in 1949, the year following the
first legislative elections (1948) after the enactment of the 1947 constitution. As the Kuomintang government
continues to claim sovereignty over Mainland China, the term of the original legislators was extended until
"reelection is possible in their original electoral districts." In response to the increasing democracy movement
in Taiwan, limited supplementary elections were held in Taiwan starting from 1969 and parts of Fujian from
1972. Legislators elected in these supplementary elections served together with those who were elected in
1948. This situation remained until a Constitutional Court (Judicial Yuan) ruling on June 21, 1991 that
ordered the retirement of all members with extended terms by the end of 1991.[10]
Term Length Actual served Election Seats Note
The only election held in mainland China. 8 seats were
1948 elected in Taiwan.
759
election 509 members retreated to Taiwan with the government;
served until the end of 1991.
1969 Elected in Taiwan; terms equal to the 1948-elected
11
supp members
1972 1st
51 Elected in the Free Area with 3-year terms.
Initially 3 supp
May 8, 1948–Jan
years,
31, 1993 1975 2nd Elected in the Free Area with 3-year terms; then extended
then limit 52
1st (See Note column supp to 5 years.
removed by
for
Temporary 1980 3rd
detailed terms) 97 Elected in the Free Area with 3-year terms.
Provisions supp
1983 4th
98 Elected in the Free Area with 3-year terms.
supp
1986 5th
100 Elected in the Free Area with 3-year terms.
supp
1989 6th Elected in the Free Area with 3-year terms; served until
130
supp Jan 31, 1993.
Feb 1, 1993—Jan 1992
2nd 161 Total re-election in the Free Area
31, 1996 election
Feb 1, 1996—Jan 1995
3rd 164
31, 1999 election
Feb 1, 1999—Jan 1998
4th 3 years
31, 2002 election
Feb 1, 2002—Jan 2001
5th 225
31, 2005 election
Feb 1, 2005—Jan 2004
6th
31, 2008 election
Feb 1, 2008—Jan 2008 Introduced changes in the electoral system, term length,
7th
31, 2012 election and seat numbers.
Feb 1, 2012—Jan 2012
8th
31, 2016 election
4 years 113
Feb 1, 2016—Jan 2016
9th
31, 2020 election
Feb 1, 2020—Jan 2020
10th Incumbent
31, 2024 election
Timeline of Legislative Yuan elections and terms
The legislature had 225 members during the 4th, 5th, and 6th terms. Legislators were elected as follows:
168 were elected by popular vote through single non-transferable vote in multi-member consistencies.
41 were elected on the basis of the proportion of nationwide votes received by participating political
parties.
8 were allocated for overseas citizens and were selected by the parties on the basis of the proportion of
votes received nationwide.
8 seats were reserved for the indigenous populations.
Since the 7th term, the 113 legislators are elected to office as follows:
Composition by term
The Kuomintang (KMT) held a supermajority of seats in the Legislative Yuan between 1948 and 1991, while
some seats were held by the Chinese Youth Party (CYP) and the China Democratic Socialist Party (CDSP).
Through the limited supplementary elections held in since the 1970s, the Tangwai movement saw their share
of seats increase. Most members in the Tangwai movement joined the Democratic Progressive Party (DPP)
after its founding in the late 1980s.
Hsu
Hsin-
liang
(1992-
Shih
1993)
51 Ming- DPP
Lee Liu Shih
teh
2nd KMT Teng- 95 Sung- Ming- 162
hui pan teh
(1993-
1995)
Ju
1 N/A Gau- CSDP
jeng
Shih
Ming-
teh
(1995-
1996)
Shih Hsu
54 Ming- Hsin- DPP
Lee Liu teh liang
3rd KMT Teng- 85 Sung- (1996- 164
hui pan 1998)
Lin Yi-
hsiung
(1998)
Chou Chen
21 Yang- Kuei- NP
shan miao
Lin Yi-
hsiung
(1998-
Shih
2000)
70 Ming- DPP
Frank
teh
Hsieh
Lee (2000-
Teng- 2001)
hui
(1998- Hong Hsieh Chou
Wang
4th KMT 2000) Yuh- 123 11 Chi-ta Yang- NP 225
Jin-pyng
Lien chin (2001) shan
Chan
(2000- 4 DUT
2001) Yeh
3 Hsien- DNPA
hsiu
1 N/A NNA
1 N/A TIP
Hong
Lien
68 Yuh- KMT
Chan
Frank chin
Hsieh Chung
(2001- 46 Shao- James PFP
2002) Ker ho Soong
Wang
5th DPP Chen Chien- 87 225
Jin-pyng
Shui- ming Huang
Liao
bian 13 Chu- TSU
Pen-yen
(2002- wen
2004)
Yok
1 N/A Mu- NP
ming
Lien
Chan
(2004-
2005)
Ma
Ying-
jeou
(2005-
2007)
Tseng
Wu Po-
79 Yung- KMT
hsiung
chuan
(2007)
Chiang
Pin-
kung
Su (2007)
Tseng- Wu Po-
chang hsiung
(2005) (2007-
Yu 2008)
Shyi- Daniel James
Ker 34 PFP
kun Wang Huang Soong
6th DPP Chien- 89 225
(2006- Jin-pyng
ming
2007) Huang
Chen Chu-
Shui- wen
bian (2004)
(2007- Shu
2008) Chin-
chiang
12 TSU
(2005-
2006)
Huang
Kun-
huei
(2007-
2008)
Yen
Chang
6 Ching- NPSU
Po-ya
piao
Yok
1 N/A Mu- NP
ming
Chen
Shui-
bian
Ker (2008)
Wu Po- 27→33[b] Chien- Tsai DPP
Tseng
hsiung ming Ing-
Yung-
(2008- wen
chuan
2009) (2008-
(2008) Wang
7th Ma 81→74[b] 2012)
KMT Lin Yi- Jin-pyng 113
Ying- shih Lin
jeou (2008- Pin-
(2009- 3 NPSU
2012) kuan
2012)
0→1[b] N/A Indep.
James
1 N/A PFP
Soong
Tsai
Ing-
wen
(2012)
Ma Su
Ying- Tseng-
jeou Lin Ker
chang
(2012- Hung- 40 Chien- DPP
(2012-
2014) chih ming
2014)
Wu (2012-
Tsai
Den- 2014)
Ing-
KMT yih Alex Fai 64→66[b][c] wen
(2014- Hrong-
Wang (2014-
8th 2015) tai 113
Jin-pyng 2016)
Eric (2014-
Chu Li- 2015) Lisa
luan Lai Huang Huang
(2015- Shyh- 3 Lai Kun- TSU
2016) bao Chen- huei
(2015- chang
2016)
James
3→2[d] PFP
Soong
Thomas
Lee Lin
Indep. N/A 1→0[c] 2→1[b] Pin- NPSU
kuan
Lai
Shyh-
bao
(2016)
Liao
Huang
Kuo-
Min-hui
tung
(2016)
(2016-
Hung
2017)
Hsiu-
Lin Te-
chu
fu
35 (2016- KMT
(2017-
2017)
2018)
Wu
Johnny
Den-
Chiang
Tsai yih
(2018-
Ing- (2017-
2019)
wen 2020)
Tseng
(2016- Ming-
2018) chung
DPP 68
Cho Ker (2019-
Jung- Su Jia-
9th Chien- 2020) 113
tai chyuan
ming
(2019- Huang
2020) Kuo-
chang
(2016-
2019)
Chiu
Hsu
Hsien-
5→3[c] Yung- NPP
chih
ming
(2019)
Hsu
Yung-
ming
(2019-
2020)
3 James PFP
Lee Soong
Hung-
chun Lin
Indep. N/A 1 1 Pin- NPSU
kuan
Lin
Jung-
te
38 Lin Wei- (2020) KMT
chou Johnny
Chiang
(2020-)
Issues
On 18 March 2014, the Legislative Yuan was occupied by protesting students.[12]
Legislative violence
Much of the work of the Legislative Yuan is done via legislative committees, and a common sight on Taiwanese
television involves officials of the executive branch answering extremely hostile questions from opposition
members in committees. In the 1990s, there were a number of cases of violence breaking out on the floor,
usually triggered by some perceived unfair procedure ruling, but in recent years, these have become less
common. There was a brawl involving 50 legislators in January 2007 and an incident involving 40 legislators
on 8 May 2007 when a speaker attempted to speak about reconfiguring the Central Election Committee. It has
been alleged that fights are staged and planned in advance.[13] These antics led the scientific humor magazine
Annals of Improbable Research to award the Legislative Yuan its Ig Nobel Peace Prize in 1995 "for
demonstrating that politicians gain more by punching, kicking and gouging each other than by waging war
against other nations".[14] On the 29 June 2020 more than 20 lawmaker from the opposition party
Kuomintang took over the legislature over night. Blocking entry to the main chamber with chains and chairs,
saying the government was trying to force through legislation and demanding the president withdraw the
nomination of a close aide to a highlevel watchdog. DPP lawmakers forced themselves in while there where
scuffles and shouting with Kuomintang lawmakers.
Gallery
The chamber of the Legislative Legislative Yuan building.
Yuan.
See also
10th Legislative Yuan
Politics of the Republic of China
History of the Republic of China
Legislative violence
Notes
a. Beginning of term
b. Due to by-elections
c. Due to changes in member affiliation
d. One member lost due to criminal charge
References
1. "Concise History" (http://www.ly.gov.tw/en/01_introduce/introView.action?id=2). Legislative Yuan.
Retrieved 3 July 2017.
2. 立法院全球資訊網-認識立法院-簡史 (http://www.ly.gov.tw/02_introduce/0201_intro/introView.action?id=2
&itemno=02010200). www.ly.gov.tw (in Chinese). Retrieved 3 July 2017.
3. "Legislative Yuan Organization Act". Article 33, Act of 14 November 2012 (http://law.moj.gov.tw/LawClass/
LawSingle.aspx?Pcode=A0010044&FLNO=33) (in Chinese). Retrieved 12 January 2015.
4. "DPP's Yu Shyi-kun elected legislative speaker" (https://www.taipeitimes.com/News/front/archives/2020/0
2/02/2003730212). February 2, 2020.
5. "About Legislative Yuan: Functions & Powers" (https://www.ly.gov.tw/EngPages/List.aspx?nodeid=341).
6. 司法院釋字第76號解釋, Judicial Yuan interpretation number 76 (English translation) (http://www.judicial.go
v.tw/constitutionalcourt/EN/p03_01.asp?expno=76)
7. Joel Fetzer, J Christopher Soper, Confucianism, Democratization, and Human Rights in Taiwan (https://bo
oks.google.com/books?id=_929g2KkSwIC&pg=PA58), p 58, Lexington Books, 15 October 2012.
8. Carr, Adam (2001). "Taiwan" (https://web.archive.org/web/20041012143734/http://psephos.adam-carr.net/t
aiwan/taiwan2001.txt). Archived from the original (http://psephos.adam-carr.net/taiwan/taiwan2001.txt) on
October 12, 2004.
9. Shih Hsiu-chuan "Taiwan becomes third country to pass Lobbying Act" (http://www.taipeitimes.com/News/t
aiwan/archives/2007/07/21/2003370609), Taipei Times, 7/21/2007
10. 中央選舉委員會歷次選舉摘要 立法委員選舉 - (https://web.cec.gov.tw/central/cms/elec_hist/21228)
11. 公職人員選舉罷免法-全國法規資料庫入口網站 (http://law.moj.gov.tw/LawClass/LawParaDeatil.aspx?Pcode
=D0020010&LCNOS=++67+++&LCC=3). law.moj.gov.tw (in Chinese). Retrieved 27 August 2017.
12. "TRADE PACT SIEGE: Legislative Yuan occupation timeline" (http://www.taipeitimes.com/News/taiwan/arc
hives/2014/04/11/2003587787). Taipei Times. 11 April 2014. Retrieved 19 January 2015.
13. "Parliamentary antics said to be staged", Taiwan News (newspaper), Vol. 58, No. 322, 18 May 2007, p. 2
14. "The 1995 Ig Nobel Prize Winners" (http://improbable.com/ig/ig-pastwinners.html#ig1995). Winners of the
Ig Nobel Prize. Annals of Improbable Research. Retrieved 2009-02-10.
External links
Official website (http://www.ly.gov.tw)
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