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.
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.
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.
During the Peking era, the powers of the Provisional Senate as dictated by the Provisional Constitution were -
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.
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. The size grew to 45, or 39 as media reports varied, on 1 March.
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.
The Speaker and the Deputy Speaker were elected amongst the senators. The whole house of Nanking senate also elected the Presiding Officer () on 5 February.
In Nanking various committees were formed.
In Peking six committees were formed.
Another Provisional Senate was set up between 10 November 1917 and 12 August 1918. It was established after the dissolution of the first National Assembly in June 1917 and in the aftermath of the failed Manchu Restoration, with an election held on 14 November. Wang I-tang was the speaker and deputised by . It dissolved as the second National Assembly was founded. There were a total of 113 senators. Some of whom had served in the Nanking or Peking Senate.