The China of Chiang K'ai-Shek: A Political Study

by Paul Myron Anthony Linebarger

The Party Constitutional System

The Kuomintang adopted a Party-Constitution after thirty-odd years of activity when, at the suggestion of Soviet advisers, it reorganized on January 28, 1924 as a formal party, with membership books, regular dues, etc. Up to then it had operated through techniques intermediate in formality between American major-party looseness and Chinese secret-society formality. In twelve chapters, the Constitution dealt with Membership, Organization, Special Areas, the Leader (Sun Yat-sen, Tsung-li), the Highest Party Organs, Provincial Party Organization, Hsien Organization, District (ch'ü) Organization, and Sub-district (ch'ü-fên, roughly equivalent to the pao in local government) Organization, Terms of Office, Discipline, and Finance.[1] The actual application of this Constitution is best described in the words of Wang Shih-chieh, who wrote before the current hostilities:[2]

The system of organization of the Chinese Kuomintang is based upon the Constitution and Bye-laws of the Chinese Kuomintang [Chung-kuo Kuo-min-tang Hsien-chang] which was passed in the First Party Congress [Ch'üan-kuo Tai-piao Ta-hui] on January 28, Year XIII [1924], and amended in the following two Party Congresses on January 16, Year XV [1926] and on March 27, Year XVIII [1929]. No amendment of any sort was made in the Fourth and Fifth Party Congresses held in the Years XX [1931] and XXIV [1935] respectively.

According to the above Constitution and Bye-Laws, the Kuomintang has five divisional organizations, viz.: one for the whole country, one for each province, one for each hsien (or governmental district), one for each district, and one for each district subdivision [ch'ü-fên-pu]. The organ possessing the highest authority in the Kuomintang is the Party Congress of the Kuomintang. When this Congress is not in session, the Central Executive Committee is the highest authority. The organization of the Congress and the method of electing the Delegates are fixed by the Central Executive Committee, while the members of the Central Executive Committee are elected by the Party Congress. Moreover the number of these members is also fixed by the Congress. Article I of the "Outlines of the Organization of the Central Executive Committee," passed in the First Session of the Fifth Central Executive Committee Meeting, on December 6, Year XXIV [1935], provides: "The Central Executive Committee appoints nine standing members of the Committee, to form a Standing Committee which shall discharge the duties of the Central Executive Committee when the latter is not in Session. The Standing Committee is provided with a Chairman and a Vice-Chairman, elected from among the nine standing members." Hence it can be said that when the Central Executive Committee is not in session, this Standing Committee represents the highest authority of the Kuomintang. The offices of the Chairman [superseded by the Party Chief, Tsung-ts'ai] and the Vice-Chairman have been provided for since December, Year XXIV [1935]. Whether the Chairman can be the representative of the highest authority of the Kuomintang or not, under the tacit consent of the Standing Committee, still depends upon the changes in circumstances. The said "Outlines of the Organization" does not state clearly the rights and duties of the Chairman and the Vice-Chairman. Hence, the highest authorities of the Kuomintang as prescribed by various written laws are (1) the Party Congress, (2) the Central Executive Committee, and (3) the Standing Committee of the Central Executive Committee. When the larger organ is not in session, the next following organ represents the highest authority of the Kuomintang. But this only applies in theory. As a matter of fact, when the lower organs are exercising their power, they can not but be limited by certain restrictions. Whenever important questions arise which may cause fierce disputes among members or among the people, the lower organs which have the authority to decide when the upper organ is not in session usually reserve the questions for discussion in the meeting of the upper organ. The resolutions passed by the upper organs—the Party Congress down to the Central Executive Committee Meeting—are usually elastic so that the lower organs—the Standing Committee up to the Central Executive Committee—do not experience great difficulties or restrictions in facing various troublesome situations.

According to the Constitution and Bye-Laws of the Chinese Kuomintang, there is, besides the Central Executive Committee, a Central Control Committee for the Kuomintang. Its organization is similar to that of the Central Executive Committee, though with fewer members. It occupies the same rank as the Central Executive Committee, and its duty is to superintend and inspect the personnel of the Kuomintang.

The names and organizations of the various organs directly controlled by the Central Executive Committee have unavoidably undergone some changes, though in principle their structures have remained the same. According to the "Outlines of the Organization of the Central Executive Committee," the organs under it are divided along three lines: organization, publicity, and popular training, with various committees. These organs are to discharge all affairs of the Kuomintang. Besides these, there is a Political Committee [superseded by the Supreme National Defense Council], to "act as the highest directing organ in all governmental policies and to be responsible to the Central Executive Committee." Although these organs are authorized by the Central Executive Committee and formed in the Plenary Session of the Central Executive Committee, the Standing Committee can still exercise authority over them when the Central Executive Committee is not in session, because in accordance with the Constitution and Bye-Laws, the Standing Committee takes the place of the Central Executive Committee. As a matter of fact, since the activities along the lines of organization, publicity, and popular training are the internal activities within the Kuomintang, these organs are usually under the rigid control of the Standing Committee. As the Political Committee discharges various political affairs, its position may be said to be independent. Any resolution passed by this Committee is sent to the government for execution, and the Standing Committee has no power to restrict its activities. Hence under the party government of the Chinese Kuomintang, the Political Committee is in reality the highest directing and supervisory authority in matters concerning governmental policies.

The Emergency Party Congress of the Kuomintang, Hankow, March 29-April 1, 1938, provided for two further amendments to the Party Constitution. It abolished the system of reserve members, and, far more significantly, it created the post of Tsung-ts'ai, here translated Party Chief, which was indistinguishable except as a matter of terminology from the post of Tsung-li, held in perpetuity by Sun Yat-sen. Chiang K'ai-shek was elected Party Chief, and the powers of his office were stated to be duplicates of those given originally to the Tsung-li: a general provision that "all members shall follow the direction of" the Tsung-li, which was not implemented; chairmanship of the Party Congress and of the Central Executive Committee (a fortiori, of the Standing Committee of the C.E.C.); and a veto over the acts of the Congress and the C.E.C. Furthermore, the Political Committee (Central Political Council) was replaced by the Supreme National Defense Council, of which Chiang was also elected Chairman.

Since Chiang had been Chairman of the Standing Committee, it follows that the change of formal labels did not much alter the constitutional organization of the Kuomintang, nor materially change Chiang's position. Chiang does not help to create machinery of power in order to lurk behind it, thus proclaiming it a mere façade. He, as a public servant reared in the Confucian tradition, possesses sufficient respect for words to let them mean what they are publicly declared to mean. The post of Tsung-ts'ai is more than ample in providing Chiang with the power he feels necessary to accomplish national unification, mitigate social injustice, and promote serious representative government. He accepts the full measure of his power; doing so publicly, his subsequent actions appear relatively modest. By Western standards, Chiang is naive enough to be honest.

A point brought out in connection with the National Government (p. [46], above) is worth reiteration. Neither by Party action nor by governmental change has the Kuomintang monopoly of political power been modified by law. There is no United Front, Popular Front, or any other kind of front in the legal system; even in practical administration, the entrance of non-Party men has been at Party direction; and it is only in the Special Areas, the special war services, and the military organization that the Kuomintang has relaxed its control of power. Other groups are sharing in the work of the People's Political Council. The prudence of such a policy may appear open to question; its consistency is not.