Governmental Structure

The Presidency


As head of state, the President, starting from the ninth-term, shall be directly elected by the entire populace of the free area of the Republic of China, and may hold office for no more than two consecutive four-year terms. The President represents the country in its foreign relations and at state functions. All acts are conducted in his name, including command of the armed forces; promulgation of laws and decrees; declaration of martial law with the approval of, or subject to confirmation by, the Legislative Yuan; appointment and removal of civil servants and military officers; conferring of honors and decorations; granting of amnesties and pardons, remission of sentences, and restitution of civil rights; as well as conclusion of treaties and declaration of war and cease-fire. According to the newly amended Additional Articles of the Constitution, the President, by the resolution of the Executive Yuan, may issue emergency orders and take all necessary measures to avert imminent danger affecting the security of the State or of the people or to cope with any serious financial or economic crisis. The President may, following passage by the Legislative Yuan of a no-confidence vote against the president of the Executive Yuan, declare the dissolution of the Legislative Yuan after consulting with its president. However, the President shall not dissolve the Legislative Yuan while martial law or an emergency order is in effect.

Executive Yuan


The Executive Yuan, the highest administrative organ of this country, has a president (usually referred to as the premier), a vice president (vice premier), a number of ministers and chairpersons of commissions or councils, and several ministers without portfolio. The premier is appointed by the President of the Republic. The vice premier, ministers, and chairpersons are appointed by the President on the recommendation of the premier.
Under the Executive Yuan, there are currently eight ministries of the Interior, Foreign Affairs, National Defense, Finance, Education, Justice, Economic Affairs, and Transportation and Communications, two commissions attending to matters regarding Mongolian and Tibetan affairs and overseas Chinese affairs, respectively, and five to seven ministers without portfolio. In addition under the Yuan are the Central Bank of China, Directorate General of Budget, Accounting and Statistics, Central Personnel Administration, Government Information Office, Department of Health, Environmental Protection Administration, National Palace Museum, and Mainland Affairs Council and other councils, all established in accordance with the related laws.

Legislative Yuan


The Legislative Yuan, the highest legislative organ of this Country, exercises legislative power on behalf of the people. Beginning with the current Fourth Legislative Yuan, the body shall have 225 members, including representatives elected from among ROC citizens residing abroad and from the nationwide constituency according to proportional representation among political parties and the remaining representatives popularly elected. Each term is for three years and re-elected representatives may serve consecutive terms. The Legislative Yuan has a president and a vice president, elected by and from among its members.
The functions of the Legislative Yuan are: to decide by resolution statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the state; to propose to the National Assembly to amend the Constitution, change the nation's territorial boundaries, or impeach the President or Vice President; to exercise the power of consent to confirm the appointment of personnel nominated by the ROC President, such as the president, vice president and grand justices of the Judicial Yuan, the president, vice president and members of the Examination Yuan, and the president, vice president and members of the Control Yuan; to hear a report on the state of the nation by the President every year when the Legislature convenes.

Judicial Yuan


The Judicial Yuan is the country's highest judicial organ under which are the courts at all levels, the Administrative Court, and the Committee on the Discipline of Public Functionaries. It is responsible for the adjudication of civil, criminal, and administrative litigations, as well as the discipline of civil servants. The Judicial Yuan has a president, a vice president, and 17 grand justices, who are nominated and, with the consent of the National Assembly, appointed by the ROC president. Starting from the year 2003 the Judicial Yuan shall have 15 grand justices, one of whom shall be the president of the Judicial Yuan and another one the vice president, each serving a term of eight years. The term of each grand justice is calculated individually, and all members shall not serve for a consecutive term. The grand justices are nominated and appointed by the ROC President, with the consent of the Legislative Yuan. Among the grand justices nominated by the President in the year 2003, eight members, including the president and the vice president of the Judicial Yuan, shall serve for four years. The remaining grand justices shall serve for eight years. Through group consultations, the grand justices interpret the Constitution and unify the interpretation of laws and ordinances. They also form a constitutional tribunal to adjudicate matters relating to the dissolution of political parties violating constitutional provisions.

Examination Yuan


The Examination Yuan is responsible for the examination, employment, and management of all civil servants in this country. Specifically, the Examination Yuan oversees all examination-related matters; all matters relating to qualification screening; security of tenure, pecuniary aid in case of death, and the retirement of civil servants; and all legal matters pertaining to the employment, discharge, performance evaluations, scale of salaries, promotions, transfers, commendations, and rewards for civil servants. All these functions are handled by the Ministry of Examination, Ministry of Personnel, the Supervisory Board of Civil Servants Pension Fund, and the Civil Service Protection and Training Commission.
The Examination Yuan has a president, a vice president, and 19 members, all of whom are, with the consent of the Legislative Yuan, appointed by the ROC President for a six-year term.

Control Yuan


The Control Yuan is the highest watchdog body of this country, exercising the powers of impeachment, censure, and audit. It has 29 members, including a president and a vice president, all of whom shall serve a term of six years and are appointed by the President of the ROC with the consent of the Legislative Yuan. The Control Yuan has a Ministry of Audit, headed by an auditor-general who is nominated and appointed, with the consent of the Legislative Yuan, by the President of the Republic for a six-year term. The ministry audits the final accounts of revenues and expenditures of all government agencies.