Some people say that last year was a "year of politics" for the Republic of China.

Let's look at what happened--

At the end of March, President Chiang Ching-kuo, in his capacity as chairman of the Kuomintang, urged the party to lead the way in adopting major reforms. Two weeks later the KMT's Central Committee formed a twelve-person group to study and draw up reforms.

In May the KMT opened a dialogue with oppositionists through the offices of four independent mediators.

On September 28th, opposition forces declared the establishment of a "Democratic Progress Party," despite the government's ban on the formation of new parties.

On October 15th, the KMT's Central Committee announced proposals for two major political reforms: the lifting of martial law, together with restrictions on the formation of political parties, and the drafting of a "National Security Law" to meet the national interest.

Fervent discussion over these measures was brought to a pitch by the national elections held on December 6th.

Among the various developments, those that have attracted the most attention and which will have the farthest-reaching effects are the lifting of martial law, and the move to allow the formation of new political parties, which the U.S. news media has termed "Taiwan's greatest political reform in the past 40 years."

Martial law was declared by the ROC on the morning of May 20, 1949, following an air battle over the Taiwan Straits the night before. In fact, the Chinese word for martial law, chieh-yen, is sometimes translated as "emergency decrees" and does not sound as forbidding as in English.

"Except for Jordan, the Republic of China been under 'martial law' longer than any other country in the world," Chiu Hung-ta of the University of Maryland said. "But it is also the country that carries out the fewest provisions."

The reason there are so few is, first, that martial law was never fully carried out to begin with, and second, that those portions of it which were carried out have been steadily relaxed over the years. Because of this, Professor Keng Yun-ch'ing of National Taiwan Normal University has said that the ROC at present "carries out just three percent" of martial law.

"The greatest effect of lifting martial law will be that civilians [accused of sedition and security violations] will no longer be tried by military courts," Professor Chu Chien-chang of National Chengchi University said. "For ordinary law-abiding citizens, it makes no difference if martial law is lifted or not." In fact, a 1981 survey by Chengchi University showed that only 11 percent of the public felt that martial law had any notable effect on their freedom or daily lives.

But while martial law has little to do with the average citizen, its effect on the ROC's image abroad is considerable. Internationally, "the sole statement that Taiwan has been under martial law for thirty-some years is enough to spoil our country's image," Chiu Hung-ta pointed out.

As a result, Chinese and foreign scholars at National Development Seminars over the past several years have continued to advocate the lifting of martial law and its replacement by a "national security law." Curiously, now that President Chiang has proposed doing just that, some people have changed their minds. Their concerns stem from the experience of countries like South Korea and Poland, where martial law was replaced by national security laws that proved even stricter than the original. Could the ROC's National Security Law be just "old wine in a new bottle"?

"The draft law hasn't been announced yet, but the possibility of 'old wine' would seem to be nil," asserted Hu Fo, a professor of political science at National Taiwan University, citing the KMT's determination to initiate reforms over the past year. "I believe the President," he said.

Cheng Chung-mo, a law professor at National Chung Hsing University who has participated in drafting the new law, said that to his understanding the draft contains eleven articles covering entry and exit, border defense, and other vital requirements of national security.

Professor Chiu of Maryland University has used this illustration to explain the kind of loopholes that the lifting of martial law might otherwise create: The Constitution of the Republic of China grants its citizens freedom of movement, and with the lifting of martial law, everything reverts to the Constitution. So then what if the mainland were to apply to send millions of its people to Taiwan?

With the public expectantly awaiting promulgation of the new law, the Ministry of the Interior hopes to deliver a draft bill to the Legislative Yuan for its consideration this January.

The other major reform, the lifting of the ban on new political parties, is also related to the National Security Law, which is expected to include as an article the three principles that President Chiang enunciated new parties should follow: adherence to the Constitution, anti-communism, and anti-secessionism.

Some people have held that the three principles contain too much coloration of the party in power. But Tao Pai-ch'uan, a respected elder statesman, believes that the principles involve the foundation of the nation. "A government has the right to ask for acknowledgment by its people," he said.

The laws involving political parties will be contained in the Public Officials Election and Recall Law, which applies to elections, and in a new Statute for the Organization of Civic Groups, which applies at other times. "The rules of most Western democracies regarding political parties are contained in laws for the organization of civic groups like ours," said Su Yung-ch'in, a law professor at Chengchi University. "Only a few countries, such as Japan, West Germany, and Venezuela, have separate 'laws on political parties.'"

The new law will impose two conditions on the registration of new parties: they must include at least ten elected national or local representatives as members, and they must have at least 200 charter members who are ROC citizens.

Because the next national elections are less than three years away, the Election and Recall Law can be expected to be revised before then.

It seems that the ROC will be having many more "political years" to come.

[Picture Caption]

Although Taiwan has been under "martial law" for a long time, it has been only partially implemented. There's no curfew, and the streets at night are brilliant.

The emergency decrees will remain in effect on Quemoy, which is right on the front line. (photo by Vincent Chang)

The draft of the National Security Law would allow demonstrations upon application for a permit.

The draft of the National Security Law would apply to the defense of mountain and coastal areas.

After lifting martial law, South Korea adopted a "national security law" that was even more restrictive. (photo by Vincent Chang)

Regulations that Will Be Abolished with the Lifting of Martial Law [Picture]

The draft of the National Security Law would allow demonstrations upon application for a permit.

The draft of the National Security Law would apply to the defense of mountain and coastal areas.

Regulations that Will Be Abolished with the Lifting of Martial Law [Picture].