Chapter I. General Provisions
Article 1
The Republic of China, founded on the Three Principles of the People
, shall be a democratic republic of the people, to be governed by the
people and for the people.
Article 2
The sovereignty of the Republic of China shall reside in the whole
body of citizens.
Article 3
Persons possessing the nationality of the Republic of China shall be
citizens of the Republic of China.
Article 4
The territory of the Republic of China according to its existing
national boundaries shall not be altered except by resolution of the
National Assembly.
Article 5
There shall be equality among the various racial groups in the
Republic of China.
Article 6
The national flag of the Republic of China shall be of red ground
with a blue sky and a white sun in the upper left corner.
Chapter II. Rights and Duties of the People
Article 7
All citizens of the Republic of China, irrespective of sex, religion
, race, class, or party affiliation, shall be equal before the law.
Article 8
Personal freedom shall be guaranteed to the people. Except in case
of flagrante delicto as provided by law, no person shall be arrested
or detained otherwise than by a judicial or a police organ in accordance
with the procedure prescribed by law. No person shall be tried or punished
otherwise than by a law court in accordance with the procedure prescribed
by law. Any arrest, detention, trial, or punishment which is not in
accordance with the procedure prescribed by law may be resisted.
When a person is arrested or detained on suspicion of having
committed a crime, the organ making the arrest or detention shall in
writing inform the said person, and his designated relative or friend, of
the grounds for his arrest or detention, and shall, within 24 hours, turn
him over to a competent court for trial. The said person, or any other
person, may petition the competent court that a writ be served within 24
hours on the organ making the arrest for the surrender of the said person
for trial.
The court shall not reject the petition mentioned in the preceding
paragraph, nor shall it order the organ concerned to make an investigation
and report first. The organ concerned shall not refuse to execute, or
delay in executing, the writ of the court for the surrender of the said
person for trial.
When a person is unlawfully arrested or detained by any organ,
he or any other person may petition the court for an investigation. The
court shall not reject such a petition, and shall, within 24 hours,
investigate the action of the organ concerned and deal with the matter in
accordance with law.
Article 9
Except those in active military service, no person shall be subject
to trial by a military tribunal.
Article 10
The people shall have freedom of residence and of change of
residence.
Article 11
The people shall have freedom of speech, teaching, writing and
publication.
Article 12
The people shall have freedom of privacy of correspondence.
Article 13
The people shall have freedom of religious belief.
Article 14
The people shall have freedom of assembly and association.
Article 15
The right of existence, the right to work and the right of property
shall be guaranteed to the people.
Article 16
The people shall have the right of presenting petitions, lodging
complaints, or instituting legal proceedings.
Article 17
The people shall have the right of election, recall, initiative and
referendum.
Article 18
The people shall have the right of taking public examinations and of
holding public offices.
Article 19
The people shall have the duty of paying taxes in accordance with
law.
Article 20
The people shall have the duty of performing military service in
accordance with law.
Article 21
The people shall have the right and the duty of receiving citizen s
education.
Article 22
All other freedoms and rights of the people that are not detrimental
to social order or public welfare shall be guaranteed under the
Constitution.
Article 23
All the freedoms and rights enumerated in the preceding Articles
shall not be restricted by law except such as may be necessary to prevent
infringement upon the freedoms of other persons, to avert an imminent
crisis, to maintain social order or to advance public welfare.
Article 24
Any public functionary who, in violation of law, infringes upon the
freedom or right of any person shall, in addition to being subject to
disciplinary measures in accordance with law, be held responsible under
criminal and civil laws. The injured person may, in accordance with law,
claim compensation from the State for damage sustained.
Chapter III. The National Assembly
Article 25
The National Assembly shall, in accordance with the provisions of
this Constitution, exercise political powers on behalf of the whole body
of citizens.
Article 26
The National Assembly shall be composed of the following delegates:
1.One delegate shall be elected from each hsien, municipality, or area of
equivalent status. In case its population exceeds 500,000, one additional
delegate shall be elected for each additional 500,000. Areas equivalent to
hsien or municipalities shall be prescribed by law;
2.Delegates to represent Mongolia shall be elected on the basis of four for
each league and one for each Special banner;
3.The number of delegates to be elected from Tibet shall be prescribed by law;
4.The number of delegates to be elected by various racial groups in frontier
regions shall be prescribed by law;
5.The number of delegates to be elected by Chinese citizens residing abroad
shall be prescribed by law;
6.The number of delegates to be elected by occupational groups shall be
prescribed by law;
7.The number of delegates to be elected by women s organizations shall be
prescribed by law.
Article 27
The function of the National Assembly shall be as follows:
1.To elect the President and the Vice President;
2.To recall the President and the Vice President;
3.To amend the Constitution; and
4.To vote on proposed Constitutional amendments submitted by the Legislative
Yuan by way of referendum.
With respect to the rights of initiative and referendum, except as
is provided in Items 3 and 4 of the preceding paragraph, the National
Assembly shall make regulations pertaining thereto and put them into
effect after the above-mentioned two political rights shall have been
exercised in one half of the hsien and municipalities of the whole country
.
Article 28
Delegates to the National Assembly shall be elected every six years.
The term of office of the delegates to each National Assembly shall
terminate on the day on which the next National Assembly convenes.
No incumbent government official shall, in the electoral area where
he holds office, be elected delegate to the National Assembly.
Article 29
The National Assembly shall be convoked by the President to meet 90
days prior to the date of expiration of each presidential term.
Article 30
An extraordinary session of the National Assembly shall be convoked
in any one of the following circumstances:
1.When, in accordance with the provisions of Article 49 of this Constitution,
a new President and a new Vice President are to be elected;
2.When, by resolution of the Control Yuan, an impeachment of the President or
the Vice President is instituted;
3.When, by resolution of the Legislative Yuan, an amendment to the
Constitution is proposed; and
4.When a meeting is requested by not less than two-fifths of the delegates to
the National Assembly.
When an extraordinary session is to be convoked in accordance with
Item 1 or Item 2 of the preceding paragraph, the President of the
Legislative Yuan shall issue the notice of convocation; when it is to be
convoked in accordance with Item 3 or Item 4, it shall be convoked by the
President of the Republic.
Article 31
The National Assembly shall meet at the seat of the Central
Government.
Article 32
No delegate to the National Assembly shall be held responsible
outside the Assembly for opinions expressed or votes cast at meetings of
the Assembly.
Article 33
While the Assembly is in session, no delegate to the National
Assembly shall, except in case of flagrante delicto, be arrested or
detained without the permission of the National Assembly.
Article 34
The organization of the National Assembly, the election and recall
of delegates to the National Assembly, and the procedure whereby the
National Assembly is to carry out its functions, shall be prescribed by
law.
Chapter IV. The President
Article 35
The President shall be the head of the State and shall represent the
Republic of China in foreign relations.
Article 36
The President shall have supreme command of the land, sea and air
forces of the whole country.
Article 37
The President shall, in accordance with law, promulgate laws and
issue mandates with the counter-signature of the President of the
Executive Yuan or with the counter-signatures of both the President of
Executive Yuan and the Ministers or Chairmen of Commissions concerned.
Article 38
The President shall, in accordance with the provisions of this
Constitution, exercise the powers of concluding treaties, declaring war
and making peace.
Article 39
The President may, in accordance with law, declare martial law with
the approval of, or subject to confirmation by, the Legislative Yuan. When
the Legislative Yuan deems it necessary, it may by resolution request the
President to terminate martial law.
Article 40
The President shall, in accordance with law, exercise the power of
granting amnesties, pardons, remission of sentences and restitution of
civil rights.
Article 41
The President shall, in accordance with law, appoint and remove
civil and military officials.
Article 42
The President may, in accordance with law, confer honors and
decorations.
Article 43
In case of a natural calamity, an epidemic, or a national financial
or economic crisis that calls for emergency measures, the President,
during the recess of the Legislative Yuan, may, by resolution of the
Executive Yuan Council, and in accordance with the Law on Emergency Orders
, issue emergency orders, proclaiming such measures as may be necessary to
cope with the situation. Such orders shall, within one month after
issuance, be presented to the Legislative Yuan for confirmation; in case
the Legislative Yuan withholds confirmation, the said orders shall
forthwith cease to be valid.
Article 44
In case of disputes between two or more Yuan other than those
concerning which there are relevant provisions in this Constitution, the
President may call a meeting of the Presidents of the Yuan concerned for
consultation with a view to reaching a solution.
Article 45
Any citizen of the Republic of China who has attained the age of 40
years may be elected President or Vice President.
Article 46
The election of the President and the Vice President shall be
prescribed by law.
Article 47
The President and the Vice President shall serve a term of six years
. They may be re-elected for a second term.
Article 48
The President shall, at the time of assuming office, take the
following oath:
"I do solemnly and sincerely swear before the people of the whole
country that I will observe the Constitution, faithfully perform my duties
, promote the welfare of the people, safeguard the security of the State,
and will in no way betray the people s trust. Should I break my oath, I
shall be willing to submit myself to severe punishment by the State. This
is my solemn oath."
Article 49
In case the office of the President should become vacant, the Vice
President shall succeed until the expiration of the original presidential
term. In case the office of both the President and the Vice President
should become vacant, the President of the Executive Yuan shall act for
the President; and, in accordance with the provisions of Article 30 of
this Constitution, an extraordinary session of the National Assembly shall
be convoked for the election of a new President and a new Vice President,
who shall hold office until the completion of the term left unfinished by
the preceding President. In case the President should be unable to attend
to office due to any cause, the Vice President shall act for the President
. In case both the President and the Vice President should be unable to
attend to office, the President of the Executive Yuan shall act for t he
President.
Article 50
The President shall be relieved of his functions on the day on which
his term of office expires. If by that time, the succeeding President has
not yet been elected, or if the President-elect and the Vice-President-
elect have not yet assumed office, the President of the Executive Yuan
shall act for the President.
Article 51
The period during which the President of the Executive Yuan may act
for the President shall not exceed three months.
Article 52
The President shall not, without having been recalled, or having
been relieved of his functions, be liable to criminal prosecution unless
he is charged with having committed an act of rebellion or treason.
Chapter V. Administration
Article 53
The Executive Yuan shall be the highest administrative organ of the
State.
Article 54
The Executive Yuan shall have a President, a Vice President,
a certain number of Ministers and Chairmen of Commissions, and a certain
number of Ministers without Portfolio.
Article 55
The President of the Executive Yuan shall be nominated and, with the
consent of the Legislative Yuan, appointed by the President of the
Republic.
If, during the recess of the Legislative Yuan, the President of the
Executive Yuan should resign or if his office should become vacant, his
functions shall be exercised by the Vice President of the Yuan, acting on
his behalf, but the President of the Republic shall, within 40 days,
request a meeting of the Legislative Yuan to confirm his nominee for the
vacancy. Pending such confirmation, the Vice President of the Executive
Yuan shall temporarily exercise the functions of the President of the said
Yuan.
Article 56
The Vice President of the Executive Yuan, Ministers and Chairmen of
Commissions, and Ministers without Portfolio shall be appointed by the
President of the Republic upon the recommendation of the President of the
Executive Yuan.
Article 57
The Executive Yuan shall be responsible to the Legislative Yuan in
accordance with the following provisions:
1.The Executive Yuan has the duty to present to the Legislative Yuan a
statement of its administrative policies and a report on its administration.
While the Legislative Yuan is in session, Members of the Legislative Yuan
shall have the right to question the President and the Ministers and
Chairmen of Commissions of the Executive Yuan;
2.If the Legislative Yuan does not concur in any important policy of the
Executive Yuan, it may, by resolution, request the Executive Yuan to alter
such a policy. With respect to such resolution, the Executive Yuan may, with
the approval of the President of the Republic, request the Legislative Yuan
for reconsideration. If, after reconsideration, two-thirds of the Members of
the Legislative Yuan present at the meeting uphold the original resolution,
the President of the Executive Yuan shall either abide by the same or resign
from office;
3.If the Executive Yuan deems a resolution on a statutory, budgetary, or
treaty bill passed by the Legislative Yuan difficult of execution, it may,
with the approval of the President of the Republic and within ten days
after its transmission to the Executive Yuan, request the Legislative
Yuan to reconsider the said resolution. If after reconsideration, two-thirds
of the Members of the Legislative Yuan present at the meeting uphold the
original resolution, the President of the Executive Yuan shall either abide
by the same or resign from office.
Article 58
The Executive Yuan shall have an Executive Yuan Council, to be
composed of its President, Vice President, various Ministers and Chairmen
of Commissions, and Ministers without Portfolio, with its President as
Chairman.
Statutory or budgetary bills or bills concerning martial law,
amnesty, declaration of war, conclusion of peace, treaties, and other
important affairs, all of which are to be submitted to the Legislative
Yuan, as well as matters that are of common concern to the various
Ministries and Commissions, shall be presented by the President and
various Ministers and Chairmen of Commissions of the Executive Yuan to the
Executive Yuan Council for decision.
Article 59
The Executive Yuan shall, three months before the beginning of each
fiscal year, present to the Legislative Yuan the budgetary bill for the
following fiscal year.
Article 60
The Executive Yuan shall, within four months after the end of each
fiscal year, present final accounts of revenues and expenditures to the
Control Yuan.
Article 61
The organization of the Executive Yuan shall be prescribed by law.
Chapter VI. Legislation
Article 62
The Legislative Yuan shall be the highest legislative organ of the
State, to be constituted of members elected by the people. It shall
exercise legislative power on behalf of the people.
Article 63
The Legislative Yuan shall have the power to decide by resolution
upon statutory or budgetary bills or bills concerning material law,
amnesty, declaration of war, conclusion of peace or treaties, and other
important affairs of the State.
Article 64
Members of the Legislative Yuan shall be elected in accordance with
the following provisions:
1.Those to be elected from the provinces and by the municipalities under the
direct jurisdiction of the Executive Yuan shall be five for each province or
municipality with a population of not more than 3,000,000, one additional
member shall be elected for each additional 1,000,000 in a province or
municipality whose population is over 3,000,000;
2.Those to be elected from Mongolian Leagues and Banners;
3.Those to be elected from Tibet;
4.Those to be elected by various racial groups in frontier regions;
5.Those to be elected by Chinese citizens residing abroad; and
6.Those to be elected by occupational groups.
The election of Members of the Legislative Yuan and the number of
those to be elected in accordance with Items 2 to 6 of the preceding
paragraph shall be prescribed by law. The number of women to be elected
under the various items enumerated in the first paragraph shall be
prescribed by law.
Article 65
Members of the Legislative Yuan shall serve a term of three years,
and shall be re-eligible. The election of Members of the Legislative Yuan
shall be completed within three months prior to the expiration of each
term.
Article 66
The Legislative Yuan shall have a President and a Vice President,
who shall be elected by and from among its Members.
Article 67
The Legislative Yuan may set up various committees. Such committees
may invite government officials and private persons concerned to be
present at their meetings to answer questions.
Article 68
The Legislative Yuan shall hold two sessions each year, and shall
convene of its own accord. The first session shall last from February
to the end of May, and the second session from September to the end of
December. Whenever necessary a session may be prolonged.
Article 69
In any of the following circumstances, the Legislative Yuan may
hold an extraordinary session:
1.At the request of the President of the Republic;
2.Upon the request of not less than one-fourth of its members.
Article 70
The Legislative Yuan shall not make proposals for an increase in the
expenditures in the budgetary bill presented by the Executive Yuan.
Article 71
At the meetings of the Legislative Yuan, the Presidents of the
various Yuan concerned and the various Ministers and Chairmen of
Commissions concerned may be present to give their views.
Article 72
Statutory bills passed by the Legislative Yuan shall be transmitted
to the President of the Republic and to the Executive Yuan. The President
shall, within ten days after receipt thereof, promulgate them; or he may
deal with them in accordance with the provisions of Article 57 of this
Constitution.
Article 73
No Member of the Legislative Yuan shall be held responsible outside
the Yuan for opinions expressed or votes cast in the Yuan.
Article 74
No Member of the Legislative Yuan shall, except in case of flagrante
delicto, be arrested or detained without the permission of the Legislative
Yuan.
Article 75
No Member of the Legislative Yuan shall concurrently hold a
government post.
Article 76
The organization of the Legislative Yuan shall be prescribed by law.
Chapter VII. Judiciary
Article 77
The Judicial Yuan shall be the highest judicial organ of the State
and shall have charge of civil, criminal, and administrative cases, and
over cases concerning disciplinary measures against public functionaries.
Article 78
The Judicial Yuan shall interpret the Constitution and shall have
the power to unify the interpretation of laws and orders.
Article 79
The Judicial Yuan shall have a President and a Vice President, who
shall be nominated and, with the consent of the Control Yuan, appointed by
the President of the Republic.
The Judicial Yuan shall have a number of Grand Justices to take
charge of matters specified in Article 78 of this Constitution, who shall
be nominated and, with the consent of the Control Yuan, appointed by the
President of the Republic.
Article 80
Judges shall be above partisanship and shall, in accordance with law
, hold trials independently, free from any interference.
Article 81
Judges shall hold office for life. No judge shall be removed from
office unless he has been guilty of a criminal offense or subjected to
disciplinary measure, or declared to be under interdiction. No judge shall
, except in accordance with law, be suspended or transferred or have his
salary reduced.
Article 82
The organization of the Judicial Yuan and of law courts of various
grades shall be prescribed by law.
Chapter VIII. Examination
Article 83
The Examination Yuan shall be the highest examination organ of the
State and shall have charge of matters relating to examination, employment
, registration, service rating, scales of salary, promotion and transfer,
security of tenure, commendation, pecuniary aid in case of death,
retirement and old age pension.
Article 84
The Examination Yuan shall have a President and a Vice President and
a certain number of Members, all of whom shall be nominated and, with the
consent the Control Yuan, appointed by the President of the Republic.
Article 85
In the selection of public functionaries, a system of open
competitive examination shall be put into operation, and examination shall
be held in different areas, with prescribed numbers of persons to be
selected according to various provinces and areas. No person shall be
appointed to a public office unless he is qualified through examination.
Article 86
The following qualifications shall be determined and registered
through examination by the Examination Yuan in accordance with law:
1.Qualification for appointment as public functionaries; and
2.Qualification for practice in specialized professions or as technicians.
Article 87
The Examination Yuan may, with respect to matters under its charge,
present statutory bills to the Legislative Yuan.
Article 88
Members of the Examination Yuan shall be above partisanship and
shall independently exercise their functions in accordance with law.
Article 89
The organization of the Examination Yuan shall be prescribed by law.
Chapter IX. Control
Article 90
The Control Yuan shall be the highest control organ of the State and
shall exercise the powers of consent, impeachment, censure, and auditing
.
Article 91
The Control Yuan shall be composed of Members who shall be elected
by Provincial and Municipal Councils, the local Councils of Mongolia and
Tibet, and Chinese citizens residing abroad. Their numbers shall be
determined in accordance with the following provisions:
1.Five Members for each Province;
2.Two Members for each municipality under the direct jurisdiction of the
Executive Yuan;
3.Eight Members for the Mongolian Leagues and Banners;
4.Eight Members for Tibet; and
5.Eight Members for Chinese citizens residing abroad.
Article 92
The Control Yuan shall have a President and a Vice President, who
shall be elected by and from among its Members.
Article 93
Members of the Control Yuan shall serve a term of six years and
shall be re-eligible.
Article 94
When the Control Yuan exercises the power of consent in accordance
with this Constitution, it shall do so by resolution of a majority of the
Members present at the meeting.
Article 95
The Control Yuan may, in the exercise of its power of control,
request the Executive Yuan and its Ministries and Commissions to submit to
it for perusal the original orders issued by them and all other relevant
documents.
Article 96
The Control Yuan may, taking into account the work of the Executive
Yuan and its various Ministries and Commissions, set up a certain number
of committees to investigate their activities with a view to ascertaining
whether or not they are guilty of violation of law or neglect of duty.
Article 97
The Control Yuan may, on the basis of the investigations and
resolutions of its committees, propose corrective measures and forward
them to the Executive Yuan and the Ministries and Commissions concerned,
directing their attention to effecting improvements.
When the Control Yuan deems a public functionary in the Central
Government or in a local government guilty of neglect of duty or violation
of law, it may propose corrective measures or institute an impeachment. If
it involves a criminal offense, the case shall be turned over to a law
court.
Article 98
Impeachment by the Control Yuan of a public functionary in the
Central Government or in a local government shall be instituted upon the
proposal of one or more than one Member of the Control Yuan and the
decision, after due consideration, by a committee composed of not less
nine Members.
Article 99
In case of impeachment by the Control Yuan of the personnel of the
Judicial Yuan or of the Examination Yuan for neglect of duty or violation
of law, the provisions of Articles 95, 97, and 98 of this Constitution
shall be applicable.
Article 100
Impeachment by the Control Yuan of the President or the Vice
President shall be instituted upon the proposal of not less than one
fourth of the whole body of Members of the Control Yuan and the resolution
, after due consideration, by the majority of the whole body of members of
the Control Yuan, and the same shall be presented to the National Assembly
.
Article 101
No Member of the Control Yuan shall be held responsible outside the
Yuan for opinions expressed or votes cast in the Yuan.
Article 102
No Member of the Control Yuan shall, except in case of flagrante
delicto, be arrested or detained without the permission of the Control
Yuan.
Article 103
No member of the Control Yuan shall concurrently hold a public
office or engage in any profession.
Article 104
In the Control Yuan, there shall have an Auditor General who shall
be nominated and, with the consent of the Legislative Yuan, appointed by
the President of the Republic.
Article 105
The Auditor General shall, within three months after presentation by
the Executive Yuan of the final accounts of revenues and expenditures
, complete the auditing thereof in accordance with law and submit an
auditing report to the Legislative Yuan.
Article 106
The organization of the Control Yuan shall be prescribed by law.
Chapter X. Powers of the Central and Local Governments
Article 107
In the following matters, the Central Government shall have the
power of legislation and administration:
1.Foreign affairs;
2.National defense and military affairs concerning national defense;
3.Nationality law and criminal, civil, and commercial law;
4.Judiciary system;
5.Aviation, national highways, state-owned railways, navigation, postal and
telecommunication services;
6.Central Government finance and national revenues;
7.Demarcation of national, provincial, and hsien revenues;
8.State-operated economic enterprises;
9.Currency system and state banks;
10.Weights and measures;
11.Foreign trade policies;
12.Financial and economic matters affecting foreigners or foreign countries;
and
13.Other matters relating to the Central Government as provided by this
Constitution.
Article 108
In the following matters, the Central Government shall have the
power of legislation and administration, but the Central Government may
delegate the power of Administration to the provincial and hsien
governments:
1. General principles of provincial and hsien self-government;
2. Division of administrative areas;
3. Forestry, industry, mining, and commerce;
4. Educational system;
5. Banking and exchange system;
6. Shipping and deep-sea fishery;
7. Public utilities;
8. Cooperative enterprises;
9. Water and land communication and transportation covering two or more
provinces;
10.Water conservancy, waterways, agriculture and pastoral enterprises
covering two or more provinces;
11.Registration, employment, supervision, and security of tenure of officials
in Central and local governments;
12.Land legislation;
13.Labor legislation and other social legislation;
14.Eminent domain;
15.Census-taking and compilation of population statistics for the whole
country;
16.Immigration and land reclamation;
17.Police system;
18.Public health;
19.Relief, pecuniary aid in case of death and aid in case of unemployment; and
20.Preservation of ancient books and articles and sites of cultural value.
With respect to the various items enumerated in the preceding paragraph,
the provinces may enact separate rules and regulations, provided they are not in
conflict with national laws.
Article 109
In the following matters, the provinces shall have the power of
legislation and administration, but the provinces may delegate the power
of administration to the hsien:
1. Provincial education, public health, industries, and communications;
2. Management and disposal of provincial property;
3. Administration of municipalities under provincial jurisdiction;
4. Province-operated enterprises;
5. Provincial cooperative enterprises;
6. Provincial agriculture, forestry, water conservancy, fishery, animal
husbandry, and public works;
7. Provincial finance and revenues;
8. Provincial debts;
9. Provincial banks;
10.Provincial police administration;
11.Provincial charitable and public welfare works; and
12.Other matters delegated to the provinces in accordance with national laws.
Except as otherwise provided by law, any of the matters enumerated
in the various items of the preceding paragraph, in so far as it covers two
or more provinces, may be undertaken jointly by the provinces concerned.
When any province, in undertaking matters listed in any of the items of
the first paragraph, finds its funds insufficient, it may, by resolution of the
Legislative Yuan, obtain subsidies from the National Treasury.
Article 110
In the following matters, the hsien shall have the power of
legislation and administration:
1. Hsien education, public health, industries and communications;
2. Management and disposal of hsien property;
3. Hsien-operated enterprises;
4. Hsien cooperative enterprises;
5. Hsien agriculture and forestry, water conservancy, fishery, animal
husbandry and public works;
6. Hsien finance and revenues;
7. Hsien debts;
8. Hsien banks;
9. Administration of hsien police and defense;
10.Hsien charitable and public welfare works; and
11.Other matters delegated to the hsien in accordance with national laws and
provincial Self-Government Regulations.
Except as otherwise provided by law, any of the matters enumerated
in the various items of the preceding paragraph, in so far as it covers
two or more hsien, may be undertaken jointly by the hsien concerned.
Article 111
Any matter not enumerated in Articles 107, 108, 109, and 110 shall
fall within the jurisdiction of the Central Government, if it is national
in nature; of the province, if it is provincial in nature; and of the
hsien, if it concerns the hsien. In case of dispute, it shall be settled
by the Legislative Yuan.
Chapter XI. System of Local Government
Section 1. The Province
Article 112
A Province may convoke a Provincial Assembly to enact, in accordance
with the General Principles of Provincial and Hsien Self-Government,
regulations, provided the said regulations are not in conflict with the
Constitution.
The organization of the provincial assembly and the election of the
delegates shall be prescribed by law.
Article 113
The Provincial Self-Government Regulations shall include the
following provisions:
1.In the province, there shall be a provincial council. Members of the
Provincial council shall be elected by the people of the province.
2.In the province, there shall be a provincial government with a Provincial
Governor who shall be elected by the people of the Province.
3.Relationship between the province and the hsien.
The legislative power of the province shall be exercised by the
Provincial Council.
Article 114
The Provincial Self-Government Regulations shall, after enactment,
be forthwith submitted to the Judicial Yuan. The Judicial Yuan, if it
deems any part thereof unconstitutional, shall declare null and void the
articles repugnant to the Constitution.
Article 115
If, during the enforcement of Provincial Self-Government Regulations
, there should arise any serious obstacle in the application of any of the
articles contained therein, the Judicial Yuan shall first summon the
various parties concerned to present their views; and thereupon the
Presidents of the Executive Yuan, Legislative Yuan, Judicial Yuan,
Examination Yuan and Control Yuan shall form a Committee, with the
President of Judicial Yuan as Chairman, to propose a formula for solution.
Article 116
Provincial rules and regulations that are in conflict with national
laws shall be null and void.
Article 117
When doubt arises as to whether or not there is a conflict between
provincial rules or regulations and national laws, interpretation thereon
shall be made by the Judicial Yuan.
Article 118
The self-government of municipalities under the direct jurisdiction
of the Executive Yuan shall be prescribed by law.
Article 119
The local self-government of Mongolian Leagues and Banners shall be
prescribed by law.
Article 120
The self-government system of Tibet shall be safeguarded.
Section 2. The Hsien
Article 121
The hsien shall enforce hsien self-government.
Article 122
A hsien may convoke a hsien assembly to enact, in accordance with
the General Principles of Provincial and Hsien Self-Government, hsien self
-government regulations, provide the said regulations are not in conflict
with the Constitution or with provincial self-government regulations.
Article 123
The people of the hsien shall, in accordance with law, exercise the
rights of initiative and referendum in matters within the sphere of hsien
self-government and shall, in accordance with law, exercise the rights of
election and recall of the magistrate and other hsien self-government
officials.
Article 124
In the hsien, there shall be a hsien council. Members of the hsien
council shall be elected by the people of the hsien.
The legislative power of the hsien shall be exercised by the hsien
council.
Article 125
Hsien rules and regulations that are in conflict with national laws,
or with provincial rules and regulations, shall be null and void.
Article 126
In the hsien, there shall be a hsien government with hsien
magistrate who shall be elected by the people of the hsien.
Article 127
The hsien magistrate shall have charge of hsien self-government and
shall administer matters delegated to hsien by the central or provincial
government.
Article 128
The provisions governing the hsien shall apply mutatis mutandis to
the municipality.
Chapter XII. Election, Recall, Initiative, and Referendum
Article 129
The various kinds of elections prescribed in this Constitution,
except as otherwise provided by this Constitution, shall be by universal,
equal, and direct suffrage and by secret ballot.
Article 130
Any citizen of the Republic of China who has attained the age of 20
years shall have the right of election in accordance with law. Except as
otherwise provided by this Constitution or by law, any citizen who has
attained the age of 23 years shall have the right of being elected in
accordance with law.
Article 131
All candidates in the various kinds of election prescribed in this
Constitution shall openly campaign for their election.
Article 132
Intimidation or inducements shall be strictly forbidden in elections
. Suits arising in connection with elections shall be tried by courts.
Article 133
A person elected may, in accordance with law, be recalled by his
constituency.
Article 134
In the various kinds of election, quotas of successful candidates
shall be assigned to women; methods of implementation shall be prescribed
by law.
Article 135
The number of delegates to the National Assembly and the manner of
their election from people in interior areas, who have their own
conditions of living and habits, shall be prescribed by law.
Article 136
The exercise of the rights of initiative and referendum shall be
prescribed by law.
Chapter XIII. Fundamental National Policies
Section 1. National Defense
Article 137
The national defense of the Republic of China shall have as its
objective the safeguarding of national security and the preservation of
world peace.
The organization of national defense shall be prescribed by law.
Article 138
The land, sea, and air forces of the whole country shall be above
personal, regional, and party affiliations, shall be loyal to the state
and shall protect the people.
Article 139
No political party and no individual shall make use of armed forces
as an instrument in the struggle for political powers.
Article 140
No military man in active service may concurrently hold a civil
office.
Section 2. Foreign Policy
Article 141
The foreign policy of the Republic of China shall, in a spirit of
independence and initiative and on the basis of the principles of equality
and reciprocity, cultivate good-neighborliness with other nations, and
respect treaties and the interests of Chinese citizens residing abroad,
promote international cooperation, advance international justice and
ensure world peace.
Section 3. National Economy
Article 142
National economy shall be based on the Principle of People s
Livelihood and shall seek to effect equalization of land ownership and
restriction of private capital in order to attain a well-balanced
sufficiency in national wealth and people s livelihood.
Article 143
All land within the territory of the Republic of China shall belong
to the whole body of citizens. Private ownership of land, acquired by the
people in accordance with law, shall be protected and restricted by law.
Privately-owned land shall be liable to taxation according to its value,
and the Government may buy such land according to its value.
Mineral deposits which are embedded in the land, and natural power
which may, for economic purpose, be utilized for public benefit shall
belong to the State, regardless of the fact that private individuals many
have acquired ownership over such land.
If the value of a piece of land has increased, not through the
exertion of labor or the employment of capital, the State shall levy
thereon an increment tax, the proceeds of which shall be enjoyed by the
people in common.
In the distribution and readjustment of land, the State shall in
principle assist self-farming land-owners and persons who make use of the
land by themselves, and shall also regulate their appropriate areas of
operation.
Article 144
Public utilities and other enterprises of a monopolistic nature
shall, in principle, be under public operation. In cases permitted by law,
they may be operated by private citizens.
Article 145
With respect to private wealth and privately operated enterprises,
the State shall restrict them by law if they are deemed detrimental to a
balanced development of national wealth and people s livelihood.
Cooperative enterprises shall receive encouragement and assistance
from the State.
Private citizen s productive enterprises and foreign trade shall
receive encouragement, guidance and protection from the State.
Article 146
The State shall, by the use of scientific techniques, develop water
conservancy, increase the productivity of land, improve agricultural
conditions, develop agricultural resources and hasten the
industrialization of agriculture.
Article 147
The Central Government, in order to attain a balanced economic
development among the provinces, shall give appropriate aid to poor or
unproductive provinces.
The provinces, in order to attain a balanced economic development
among the hsien, shall give appropriate aid to poor or unproductive hsien.
Article 148
Within the territory of the Republic of China, all goods shall be
permitted to move freely from place to place.
Article 149
Financial institutions shall, in accordance with law, be subject to
State control.
Article 150
The State shall extensively establish financial institutions for the
common people, with a view to relieving unemployment.
Article 151
With respect to Chinese citizens residing abroad, the State shall
foster and protect development of their economic enterprises.
Section 4. Social Security
Article 152
The State shall provide suitable opportunities for work to people
who are able to work.
Article 153
The State, in order to improve the livelihood of laborers and
farmers and to improve their productive skills, shall enact laws and carry
out policies for their protection.
Women and children engaged in labor shall, according to their age
and physical condition, be accorded special protection.
Article 154
Capital and labor shall, in accordance with the principles of
harmony and cooperation, promote productive enterprises. Conciliation and
arbitration of disputes between capital and labor shall be prescribed by
law.
Article 155
The State, in order to promote social welfare, shall establish a
social insurance system. To the aged and the infirm who are unable to earn
a living, and to victims of unusual calamities, the State shall give
appropriate assistance and relief.
Article 156
The State, in order to consolidate the foundation of national
existence and development, shall protect motherhood and carry out a policy
for the promoting of the welfare of women and children.
Article 157
The State, in order to improve national health, shall establish
extensive services for sanitation and health protection, and a system of
public medical service.
Section 5. Education and Culture
Article 158
Education and culture shall aim at the development among the
citizens of the national spirit, the spirit of self-government, national
morality, good physique, scientific knowledge and ability to earn a living
.
Article 159
All citizens shall have an equal opportunity to receive an education
.
Article 160
All children of school age from 6 to 12 years shall receive free
primary education. Those from poor families shall be supplied with book by
the Government.
All citizens above school age who have not received primary
education shall receive supplementary education free of charge and shall
also be supplied with books by the Government.
Article 161
The national, provincial, and local government shall extensively
establish scholarships to assist students of good scholastic standing and
exemplary conduct who lack the means to continue their school education.
Article 162
All public and private educational and cultural institutions in the
country shall, in accordance with law, be subject to State supervision.
Article 163
The State shall pay due attention to the balanced development of
education in different regions, and shall promote social education in
order to raise the cultural standards of the citizens in general. Grants
from the National Treasury shall be made to frontier regions and
economically poor areas to help them meet their education and cultural
expanse. The Central Government may either itself undertake the more
important educational and cultural enterprises in such regions or give
them financial assistance.
Article 164
Expenditures of educational programs, scientific studies and
cultural service shall not be, in respect of the Central Government, not
less than 15 per cent of the total national budget; in respect of each
province, not less than 25 percent of the total provincial budget; and in
respect of each municipality or hsien, less than 35 percent of the total
municipal or hsien budget. Educational and cultural foundations
established in accordance with law shall, together with their property, be
protected.
Article 165
The State shall safeguard the livelihood of those who work in the
field of education, sciences and arts, and shall, in accordance with the
development of national economy, increase their remuneration from time to
time.
Article 166
The State shall encourage scientific discoveries and inventions, and
shall protect ancient sites and articles of historical, cultural or
artistic value.
Article 167
The State shall give encouragement or subsidies to the following
enterprises or individuals:
1.Educational enterprises in the country which have been operated with good
record by private individuals;
2.Educational enterprises which have been operated with good record by Chinese
citizens residing abroad;
3.Persons who have made discoveries or inventions in the field of learning and
technology; and
4.Persons who have rendered long and meritorious services in the field of
education.
Section 6. Frontier Regions
Article 168
The State shall accord to various racial groups in the frontier
regions legal protection of their status and shall give special assistance
to their local self-government undertakings.
Article 169
The State shall, in a positive manner, undertake and foster the
develop of education, culture, communications, water conservancy, public
health and other economic and social enterprises of the various racial
group in the frontier regions. With respect to the utilization of land,
the State shall, after taking into account the climatic conditions, the
nature of the soil, and the life and habits of the people, adopt measures
to protect the land and to assist in its development.
Chapter XIV. Enforcement and Amendment of the Constitution
Article 170
The term "law" as used in this Constitution, shall denote any
legislative bill that have been passed by the Legislative Yuan and
promulgated by the President of the Republic.
Article 171
Laws that are in conflict with the Constitution shall be null and
void. When doubt arises as to whether or not a law is in conflict with the
Constitution, interpretation thereon shall be made by the Judicial Yuan.
Article 172
Ordinance that are in conflict with the Constitution or with laws
shall be null and void.
Article 173
The Constitution shall be interpreted by the Judicial Yuan.
Article 174
Amendments to the Constitution shall be made in accordance with one
of the following procedures:
1.Upon the proposal of one-fifth of the total number of delegates to the
National Assembly and by a resolution of three-fourths of the delegates
present at a meeting having a quorum of two-thirds of the entire Assembly,
the Constitution may be amended.
2.Upon the proposal of one-fourth of the members of the Legislative Yuan and
by a resolution of three-fourths of the members present at a meeting having
a quorum three-fourths of the members of the Yuan, an amendment may be drawn
up and submitted to the National Assembly by way of referendum. Such a
proposed amendment to the Constitution shall be publicly announced half a
year before the National Assembly convenes.
Article 175
Whenever necessary, enforcement procedures in regard to any matter
prescribed in this Constitution shall be separately provided by law.
The preparatory procedures for the enforcement of this Constitution
shall be decided upon by the same National Assembly which shall have
adopted this Constitution.
|
