Temporary Provisions Effective During the Period of Communist Rebellion
| Temporary Provisions against the Communist Rebellion | |
|---|---|
| Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion | |
| Citation | |
| Territorial extent |
China until 7 December 1949 Taiwan (Free area of the Republic of China) since |
| Enacted by | National Assembly of the Republic of China |
| Date enacted | 18 April 1948 |
| Date commenced | 10 May 1948 |
| Date repealed | 1 May 1991 |
| Amendments | |
| Legislative history (Chinese) | |
| Related legislation | |
| Additional Articles of the Constitution of the Republic of China | |
| Status: Repealed | |
| Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion | |||||||||||
| Traditional Chinese | |||||||||||
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| Simplified Chinese | |||||||||||
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| Transcriptions | |
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| Standard Mandarin | |
| Hanyu Pinyin | Dòngyuán Kānluàn Shíqī Línshí Tiáokuǎn |
| Wade–Giles | Tung4-yüan2 K'an1-luan4 Shih2-ch'i1 Lin2-shih2 T'ien2-k'uan3 |
| IPA | [tʊ̂ŋɥɛ̌n kʰánlɥɛ̂n ʂɻ̩̌tɕʰí lǐnʂɻ̩́ tʰjǎukʰwàn] |
The Temporary Provisions Effective During the Period of National Mobilization for Suppression of the Communist Rebellion were provisions of the Republic of China Constitution effective from 1948 to 1991 and amended four times. It effectively nullified the constitution and established martial law in Taiwan, where civil and political freedoms were curtailed. The official rationale for the Provisions was the ongoing Chinese Civil War, but with the demise of the Kuomintang single-party system, the Provisions were rescinded.
The current Constitution of the Republic of China was adopted by the National Assembly of the Republic of China (ROC) of China in 1947, when China's Nationalist Government was based in Nanjing. Since the conclusion of the Second Sino-Japanese War in 1945, China was engulfed in a civil war that pitted the Nationalist Government against the Communist Party of China (CPC). In March 1948, the first National Assembly met in Nanjing, and after some deliberation, decided to invoke Article 174 of the Constitution, "The Procedure for Revising the Constitution". By this authority, on May 10, 1948, the Assembly adopted the first set of Temporary Provisions that was set to expire after three years. In 1949, the Communists expelled the Nationalist Government from mainland China, and Chiang's government set up base in Taipei, Taiwan. In 1954, the National Assembly indefinitely renewed the Temporary Provisions in view of the Kuomintang's plans to recapture the mainland. The Temporary Provisions from then on were amended in accordance with the needs of the President of the Republic of China, Chiang Kai-shek, or his son Chiang Ching Kuo. In 1966, the Temporary Provisions were revised to allow for supplementary elections to the National Assembly from the Taiwan Area. In 1971, the ROC was expelled from the United Nations and replaced with representatives from the People's Republic of China; the Temporary Provisions were amended again the same year.
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