A Comparative Study On Recall System And Impeachment System For The Leaders In Taiwan Region

The notions of"recall"and"impeachment", as the important concepts in the constitution science, share similar meaning in divesting the power of those power owners. In the constitution texts all over the world, Recall System and Impeachment System based on the above concepts, are coincident with that the two systems do not co-exist. The two systems are of special significance in China: as exotic they are, which were invited in the legal transplantation during the period from late Qing Dynasty to early Republic of China, they were illuminated by Sun Yat-sen, resulting in that they not only co-exist in the Constitution of the Republic of China in 1946, but both take the President and the Vice-president of ROC as the common targets. Half a century witnesses"the 7-time-amendments in the constitution text"in Taiwan Region: although the two systems have changed significantly in content, their formats still maintain some distinguished features. Therefore, this study investigates some basic theoretical issues of Recall System and Impeachment System from the perspective of the leaders in Taiwan Region, and especially discusses a series of problem derived from the reform of"Legal System"in Taiwan Region. This paper is divided into five parts:The first part is a summary of Recall System and Impeachment System. In this part, the concepts of recall and impeachment are introduced briefly by consulting the dictionaries and ancient books, and comparison is made in the similarities and differences between Recall System and Impeachment System by abundant words. Then it observes in detail the theoretical basis of their Chinese-style reform by Sun Yat-sen, and it contributes to answering the question as why they could co-exist in one constitution text.The second part systematically combs the historical context of Recall System and Impeachment System for the Leaders in Taiwan Region in"the Constitutional System of ROC". In this part, the 3 stages are discussed about the implementation of the two systems during the passing half century, and more over, it directly depicts the complex relationship between Recall System and Impeachment System by describing their structure charts before and after the reform. Meanwhile, it probes into the status and the power of"the President and the Vice-president of ROC", as the Leaders in Taiwan Region, in"the system of government of ROC", and thus demonstrates the reason that they are the common targets which Recall System and Impeachment System point at.The third part emphatically discusses the related content about Recall System and Impeachment System for the Leaders in actual Taiwan Region. In this part, the causes and the results of the recall case and the impeachment case are analyzed, and it briefly introduces the trial proceedings and?potential results in Constitutional Complaints procedure in the impeachment case based on"the Draft of Constitutional Complaints Law".The fourth part is an empirical study by selecting the unique 3 recall cases or impeachment cases which point at"the President and the Vice-president of ROC"since the?Constitution of the Republic of China was enforced in 1948. In this part, an introduction is made to explain the cause and effect of the whole process, and it emphatically analyses the influence and the impact on Recall System and Impeachment System.The fifth part is the conclusion part, and it reveals the developing trends of Recall System and Impeachment System with the Leaders in Taiwan Region in the future.