Provisional Senate of the Republic of China (), also translated to Advisory Council, was the temporary legislature established in the earlier Beiyang years of the Republic of China, before the National Assembly was formed. The first Provisional Senate lasted from 1912 to 1913, and the second from 1917 to 1918.
History
In Nanking On New Year's Day 1912, Sun Yat-sen assumed office as the Provisional President of the Republic of China, and thus the Provisional Government began. An earlier , which selected Sun, started to act on behalf of the Senate on the next day, followed by choosing the temporary speaker and deputy speaker and amending the Organizational Outline of the Provisional Government of the Republic of China (), which governs the establishment of the Provisional Senate. At 11 a.m. on 28 January, the Provisional Senate, with 43 members, was formally opened in Nanking, at the Kiangsu Provincial Assembly Building, thereby dissolving the assembly.
Discussions over enacting the Provisional Constitution of the Republic of China began on 7 February. Five days later Puyi abdicated as emperor of Qing dynasty, sending Yuan Shikai to form a republican government. Yuan was elected as the Provisional President on 15 February, succeeding Sun as part of the negotiated deal. The Provisional Constitution was adopted on 8 March. This was followed by other pieces of legislation such as the Senate Act (), and standing order and internal rules of the senate.
The Provisional Government and the Provisional Senate subsequently relocated to Peking, following two motions passed on 2 April, for the government, and on 4 April, for the legislature. The session adjourned on 8 April, and subsequently resumed on 29 April at the opening ceremony in Peking.
In Peking Apart from Tibetan members, senators across the new nation attended the Peking senate, situated in the former Qing-era Advisory Council Building. One of the amendments to the Organizational Outline passed was to expand the assembly to include Qinghai members. Amongst the other legislations adopted were election laws for senators and representatives, organizational acts of the National Assembly and the . The Senate also established the Mongolian and Tibetan Affairs Agency, regulated the executive grades and salaries, unified the national flag, and introduced duty stamp.
Peking senate was succeeded by the National Assembly on 8 April 1913 when they convened the inaugural sitting.
Power During the Peking era, the powers of the Provisional Senate as dictated by the Provisional Constitution were -
To pass all law bills; To pass the budgets of the Provisional Government; To pass laws of taxation, of currency and of weights and measures for the whole country; To pass measurts for the calling of public loans and to conclude contracts affecting the national treasury; To give consent to matters in relation to granting amnesty, appointing members of the State Council (or cabinet) and ambassadors; To reply to inquiries from the Provisional Government; To receive and consider petitions of citizens; To make suggestions to the government on legal or other matters; To introduce interpellations to members of the cabinet and to insist on their being present in the Council in making replies thereto; To insist on the government investigating into any alleged bribery and infringement of laws by officials; To impeach the Provisional President for high treason, by a majority vote of three-fourths of the quorum consisting of more than four-fifths of the total number of the members; To impeach members of the cabinet for failure to perform their official duties or for violation of the law, by majority votes of two-thirds of the quorum consisting of over three-fourths of the total number of the members.
The senators also elected the Provisional President and the Provisional Vice-President, and may amend the Provisional Constitution. With the consent of the Provisional Senate, the Provisional President may declare war or ratify a treaty.
Members
The Organizational Outline only provided that each province should send at most three senators. On the date of founding the Provisional Senate had a total of 42 members, including 30 formal members (from Guangdong, Hubei, Hunan, Zhejiang, Jiangsu, Anhui, Jiangxi, Shanxi, Fujian, Guangxi) and 12 representatives (from Kweichow, Yunnan, Shensi, Szechwan, Fengtien, Chihli, Honan) acting on behalf of the senators that were yet to report duty.参议院会员姓名录，申报1912年1月30日；平佚，临时政府成立记，东方杂志第8卷第11号 The size grew to 45, or 39 as media reports varied,参议院议事录，申报1912年3月5日 on 1 March.鄂省参议员刘成禺、时功玖、张伯烈辞职之公布, 申报1912年3月2日刘劲松，南京参议院议员人数与《临时约法》的效力，近代史研究2005年1期
According to Article 18 of the Provisional Constitution which came into effect on 11 March, each of the 22 provinces, Inner and Outer Mongolia, and Tibet shall elect five members to the Provisional Senate and one for Chinghai. This gives the total number of senators at 126. However, not all members were deputed throughout the session.