Chapter 58 57. Yuan Disbanded the Kuomintang

On November 4th, 2nd year of the Republic of China, Yuan Sui, in the name of the second revolution, ordered the disbandment of the Kuomintang, deprived the membership of the Kuomintang, and confiscated certificates and constitutions. A total of 438 people were confiscated. In order to dissolve the Kuomintang, three orders were issued before and after. Before Yuan ordered the disbandment of the KMT, Liang Qichao, the leader of the Progressive Party, heard that Yuan was determined to do so, and hurried to the presidential palace, hoping that Yuan would take care of the overall situation and not go on the road of getting out of control.When he arrived at the gate of the Presidential Palace, the guards blocked him from entering and told him: "The president is discussing important business, please come tomorrow!" Liang said anxiously: "I just have important business Discuss with the President, I'll wait here for a while!" Liang waited for a long time before the guard said to him: "The President has invited you." After Liang saw Yuan, he explained a lot of reasoning and advised Yuan not to give orders. Disbanding the Kuomintang, Yuan smiled and listened to him patiently. Finally, Yuan said flatly: "It's late! The order has been issued!"

At the same time that the order was issued, Yuan deployed more than 300 people to surround the Beijing branch of the Kuomintang on Waizhangyimen Street, and the next day they surrounded the Senate and the House of Representatives. At home, more than 300 certificates and badges of KMT members were seized. The Kuomintang has been severely and illegally persecuted. Although the Progressive Party opposes the Kuomintang, it is sad and chilling.Since Liang Qichao's face-to-face request to Yuan was fruitless, he made a second effort, which was to express fierce opposition when discussing this issue at a secret meeting of the State Council.He believed that Yuan's order to dissolve the Kuomintang had not been approved by the State Council, and advocated the resignation of the entire cabinet to express his protest against Yuan.For his proposal, everyone was silent and looked at each other. Xiong Xiling, who was sitting in the chairman's seat, was also expressionless and noncommittal, so the proposal had to be dropped.

Another leader of the Progressive Party, Speaker of the House of Representatives Tang Hualong, also expressed great indignation at the disbandment of the Kuomintang, especially regarding the cancellation of members of the Kuomintang.He said: Members' eligibility should be determined by the Congress itself. It is illegal for the president to use the military and police to intervene. If the government believes that some members of the parliament are suspected of being a member of the chaos, it should provide real evidence and ask Congress to deal with it in accordance with the law.Therefore, he issued an instruction to the House Secretariat that the notice of the next meeting of the House of Representatives will still be delivered as before, regardless of whether he is a member of any party.At the same time, he also went to the Presidential Palace to negotiate directly with Yuan, asking for the return of the certificates and badges of the "unattached" members of parliament, so as to prevent the Congress from being aborted.It is said that President Yuan was very rude to this Chairman Tang, and just glanced at him coldly without saying a word.The Progressive Party finally made greater efforts. They asked Li Yuanhong, the nominal leader of the Progressive Party, to telegraph Yuan, hoping to save the broken situation, but Yuan also ignored him.

On November 14, Yuan’s third order to disband the Kuomintang ordered all MPs who had confiscated their certificates and badges to find Lian Huanhuan, who had more than five people, if they wanted to leave Beijing, and guaranteed that they would not make any remarks against Yuan’s government after leaving Beijing. and action. Following the House of Representatives, the Senate challenged the government on December 3 to order the disqualification of members, resulting in the lack of a quorum in the two chambers and the inability to hold a meeting.The verses are copied as follows: "...On the fourth day of the previous month, the government suddenly issued an order to confiscate the certificates and badges of the members, and violently prevented the members from coming to the house. The number of them was as many as 400. Today, the whole country is in panic and the hearts of the people are in turmoil. There is not enough quorum, and the meeting has not been held for one month so far. This matter has a great relationship with the national system and political system of the Republic of China. The President’s decree came out of the government, which may have other intentions, but the law has a clear text. I cannot be irresponsible here. Only in accordance with Article 19, Clause 9 of the Covenant Law and Article 40 of the House of Representatives Act, I submit a letter of interrogation to the state servants, and in accordance with Article 40 of the House of Representatives Act, the government is limited to reply within three days!  … ..."

The following is "The House of Representatives questioned the impact of the recovery of the KMT's certificates and badges on the Congress Book": "The Republic of China cannot live without a parliament for a day, and members of Congress cannot be canceled by the government. This is the general meaning of the world republic and the great classic of constitutional politics. According to recent newspaper reports, the president ordered the dissolution of the Kuomintang on November 4th, and the recovery of the membership of the party. The certificate badge of the party's congressman; the husband's party headquarters colluded with the southern rebellious party, the government appointed according to the law, and the illegal association was dissolved by administrative order. All the citizens of our country think it is justified. They are two matters, and their punishments cannot be the same. There is indeed evidence that a member of the legislature conspired with the rebellious party, no matter what party affiliation he belongs to, he must be punished according to the law. Nor can it be implicated and canceled. Since the party belongs to the party and the members belong to the members, the nature of the two is different, that is, they cannot be discussed together. Check Article 8 of the Law of the House of Representatives. This court is requested to review, and the court decides, and elects thirteen members to organize a special committee to review. According to this, doubts about the qualifications of the members belong to the two houses, as stipulated by the court law. Members of the Kuomintang have not considered themselves as legally qualified members for a long time. Isn’t it the government’s review of the qualifications of members, which violates the statutory authority of the National Assembly? As for the recovery of certificate badges, the disqualification of members is directly ordered. According to the "Contract" in detail, most The president does not have this privilege, and he does not know what kind of law the government is resolutely acting on. This cannot but be doubted. As a result of the order on November 4, more than 300 members of the Kuomintang were dismissed, and more than 100 were added the next day. People, then more than half of the total number of members, neither house can meet. Among the members of Cha, who have long since left the party and changed to another party, or who are known to be stable and have sent a telegram to oppose the chaos in Jiangxi, they will also be cancelled. The government is indeed punishing Suspicion of civil strife? The evidence should be examined and submitted to the courts for trial. There should be no general approach. The good and the bad will not be distinguished, resulting in insufficient numbers of members of the Congress. An administrative committee will be organized to revise the National Congress Organization Law and reorganize the National Congress. Whether this legend is true or not, is there any need for a national congress for the government's policy in the Republic of China? Whether the congress is a legal solution? This cannot but be doubted. Also. Members and others have always hated the Kuomintang. When there was nothing wrong in the south and the government was perfunctory to the great man, they would severely attack them for undermining their views. And when the chaos in Hukou caused the world to shake, they also sent a telegram with their names to express their crimes. Discussion. The current government is based on the premise of eliminating harm to the masses and strengthening the righteousness, which is actually in line with the aspirations of the members of the council. The only way to go is whether it is in compliance with the law? Forty questions, the government should be asked to give a clear answer within three days. November 17, the second year of the Republic of China."

The State Council in Beijing submitted a reply to the Senate on December 23, 2002 as follows: ...According to Article 19 of the "Convention Law" and Article 14 of the "Organization Law of the National Assembly", the right to question is one of the powers of the House of Representatives, not one of the powers of members. The regulation on how to sign jointly, although it does not need to be decided by the House of Representatives, or it must not be proposed by the House of Representatives, is that the members of the House of Representatives repeatedly submit letters of question in accordance with the House of Representatives Act, and all of them have more than half of the total members stipulated in Article 15 of the "Congress Organization Law". If the attendance is allowed to start the meeting, the speaker will submit a report on the occasion of the report on the opening date of the meeting. This is the general practice of implementing the "Organization Law of the National Assembly" and the "Law of the House of Representatives". Procedures, but can abuse interrogators also.I am here to inquire that since the two chambers lack a quorum and cannot meet, the right of questioning of the former chamber, of course, cannot be raised due to the result of the inability to hold a meeting. ... Check the speakers of the two chambers. On November 13th, because the members of the two chambers were not enough to quorum, the meeting could not be held. As a last resort, starting from November 14th, the agenda was suspended and other words were notified.The submission of the letter of interrogation this time came after the speaker of the House of Representatives announced the suspension of the agenda. Now that the agenda has been suspended, how can the letter of interrogation be submitted?In addition, the circumstances of raising the letter of interrogation on that day occurred in the conversation meeting of the existing members of the two houses. There is no conversation meeting stipulated by law, and the questioning letter that belongs to the power of the House of Lords is actually a "Convention Law", "Organization of the Congress". Act, "House of Representatives Act" not authorized.In order to respect the National Assembly, the government shall not be legally obliged to answer questions raised illegally by less than a quorum of members.However, there is no doubt about checking the question papers, recovering the certificates and badges of members of the KMT members, and ordering the Chief of Internal Affairs to check the legal candidates for the current term to make up for each section. I have to explain it briefly to avoid misunderstandings.Check the order of the President on November 4th, which has stated that this move is to save the country from peril and alleviate the suffering of the people, and will inform the people of the details; it is considered an act of civil strife due to the majority of members, which is an extraordinary event. However, the Act of the House of Representatives does not provide for clear texts, that is, there are no such precedents in other countries. The president's plan to save lives and burns in a crisis of life and death is obvious. It is related to the country's governance and chaos. Aisawa!Therefore, on the day when the order was issued, according to calls from the governors and civil affairs chiefs of the southeastern provinces, they all said that the citizens cheered and celebrated with their foreheads and hands.Member Zhang Qimi and others said that the whole country is in panic and the hearts of the people are in turmoil. This is alarmist talk, but it is true.Moreover, the Minister of Internal Affairs has approved a uniform method for investigating candidates for election, ordering all provinces to handle it according to law; the statement by congressman Zheng Yuyi and others about whether there is a need for a congress in the Republic of China is especially misleading.In short, I have solemnly declared under the order of the President that my solemn and sacred Congress will no longer be held hostage by those who promote civil strife, so as to consolidate the real republic and express the real public opinion.Members of Parliament can really understand this meaning, doubts, of course, relieved.In addition to replying to the Speaker of the Senate, you may also send a corresponding letter to the Speaker to convey to the existing members of your House.