New Constitution

China took a long stride toward democracy last week, and a long stride toward fulfilling the purposes of its late great revolutionary leader, Dr. Sun Yatsen. Like the ascent to his hilltop tomb, which China's leaders make reverently each year, China's climb had been long and hard. Dr. Sun had foreseen a period of national "tutelage" under the Kuomintang (National People's Party) until direct power was returned to the people through constitutional rule. On Christmas Day, in the third reading of China's new Constitution, that democratic return was inaugurated.

It had taken the National Assembly 41 days to approve the Constitution. The final vote was almost unanimous. But even the final sessions were not all sweetness & light. TIME Correspondent Frederick Gruin reported the scene:

Controversial Amendment. "The Christmas Eve session began with a deceptive, commencement-like air. White-mustached, bell-voiced Wong Wen-yu, Minister of Economics, presided. Delegates busily brushed autographs, bade farewells, talked about the long trips home. The Constitution's second reading rippled toward a finish. Then up for reconsideration came a controversial amendment to Article 28.

"This amendment read: 'Incumbent officials may not be elected to the National Assembly.' It had been slipped in neatly at the previous session, catching responsible leadership unawares. It was a strike by little politicians against the big bureaucrats, more spiteful than high-minded, for it would disqualify some of the nation's most competent men. When the Chair announced the reconsideration, a stormy wave of protest rose from the little politicians and beat upon the heads of the big ones. In the final vote, however, the leadership amended the troublesome amendment to read: 'Incumbent officials may not be elected to the Assembly from their own constituencies.'

"The afternoon session, Christmas Day, brought a simple, stirring final ceremony. Two men, representing the Assembly and the Government, came on the stage under Sun Yat-sen's huge portrait. One was old Wu Chih-hui, dean of the delegates, in satin jacket, skirt and slippers. The other was Generalissimo Chiang Kaishek, in white gloves and military khaki. An Army band played the national anthem. The crowded Assembly bowed three times before Sun's likeness; Wu mumbled Sun's will. Then from the chairman's aged hand the Gimo received the Constitution, bound in red and gold. He made a brief speech of thanks, ending with a threefold 'Long Live China!' As he walked offstage, beaming and bowing, the delegates echoed 'Long Live China!' "

The Christmas Day session also decided that:

P: The new Constitution will come into force on Christmas Day, 1947.

P: National elections of a Government to enforce the Constitution will be completed by next September.

P: The present Government shall enact regulations for the elections and, within three months, revise or abolish all laws conflicting with the new Constitution.

Interim Government. Limited reorganization of the Government is planned soon. The Kuomintang will invite leaders of the Young China Party, the Social Democrats, and independents to join in an interim Government to rule China until the new constitutional Government takes over.

Communists, who have boycotted the National Assembly, will not recognize the new Constitution. A Yenan spokesman admitted that all participants in the People's Consultation Conference had agreed on the principles of the Constitution, but he nevertheless declared it "illegal." It was not, he said, the kind of Constitution that Communists could approve.

Clearly, it was not. The new Constitution, said Dr. Wang Chung-hui, one of the drafters, was not considered satisfactory by any one party or group, but this fact proved that it was acceptable to all. It was, he said, a "unique democratic Constitution of the most modern type."

The Constitution is a massive document of 175 articles. It provides for three representative bodies. These are: 1) the Legislative Yuan, a lawmaking body elected by professional as well as geographic units;

2) the Control Yuan, an upper house with powers suggesting those of the Roman censors,* elected every six years by provincial assemblies; it has power to impeach officials and make audits; and 3) the National Assembly.

The Assembly, itself elected every six years, will elect the President (who may not serve more than two six-year terms) and the Vice President. It will "exercise political powers on behalf of the people," eventually initiating legislation and holding referenda.

The Legislative Yuan will have a limited control over the Executive Yuan (Cabinet) and can force its views on the Cabinet, or force the Cabinet to resign, by a two-thirds majority vote.

The President will appoint the head of the Executive Yuan with consent of the Legislative Yuan. He will also appoint judges to the Judicial Yuan (a kind of Supreme Court) with consent of the Control Yuan. Like the President of the U.S., he will be commander in chief of all land, sea and air forces. He may promulgate laws when countersigned by the President of the Executive Yuan, and he will have power to conclude treaties, declare war, negotiate peace, declare martial law, and exercise emergency powers. The Legislative Yuan may review these acts within a month.

The Constitution provides for equality of all persons, racial groups, sexes and individuals regardless of party; for secret ballot and universal suffrage for all men & women over 20. Women will have a definite quota "prescribed by law" in the National Assembly and Legislative Yuan. A Bill of Rights written into the Constitution guarantees individual freedom and rights "except when it is necessary to prevent infringement of the freedom of other persons, avert an urgent crisis, maintain social order or promote public interests."

A section on "fundamental national policies" includes equitable distribution of land, protection and limitation of private property, government management of public utilities, allocation of a definite percentage of the budget for educational, scientific and cultural purposes, a national social insurance system, protection of women and child labor, and opportunity of employment for all capable of working.

The most unusual clause confirms China's adherence to the United Nations.

* The original duties of ancient Rome's two censors were to preside over the census. The censors determined the duties owed the community by each citizen, eventually became judges of both public and private morals. They could exclude individuals from public functions, sack a senator or deny the vote to a citizen. Finally their power was extended to actual selection of the senate.

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