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- The Fight For The Republic In China - 70/86 -


CHAPTER I.--THE NATION

Article 1. The Chung Hua Min Kuo is organized by the people of Chung Hua.

Art. 2. The sovereignty of Chung Hua Min Kuo originates from the whole body of the citizens.

Art. 3. The territory of the Chung Hua Min Kuo is the same as that possessed by the former Empire.

CHAPTER II.--THE PEOPLE

Art. 4. The people of the Chung Hua Min Kuo are all equal in law, irrespective of race, caste, or religion.

Art. 5. The people are entitled to the following rights of liberty:--

(1) No person shall be arrested, imprisoned, tried, or punished except in accordance with law.

(2) The habitation of any person shall not be entered or searched except in accordance with law.

(3) The people have the right of possession and protection of property and the freedom of trade within the bounds of law.

(4) The people have the right of freedom of speech, of writing and publication, of meeting and organizing association, within the bounds of law.

(5) The people have the right of the secrecy of correspondence within the bounds of law.

(6) The people have the liberty of residence and removal, within the bounds of law.

(7) The people have freedom of religious belief, within the bounds of law.

Art. 6. The people have the right to memorialize the Li Fa Yuan according to the provisions of law.

Art. 7. The people have the right to institute proceedings at the judiciary organ in accordance with the provisions of law.

Art. 8. The people have the right to petition the administrative organs and lodge protests with the Administrative Court in accordance with the provisions of law.

Art. 9. The people have the right to attend examinations held for securing officials and to join the public service in accordance with the provisions of law.

Art. 10. The people have the right to vote and to be voted for in accordance with the provisions of law.

Art. 11. The people have the obligation to pay taxes according to the provisions of law.

Art. 12. The people have the obligation to serve in a military capacity in accordance with the provisions of law.

Art. 13. The provisions made in this Chapter, except when in conflict with the Army or Naval orders and rules, shall be applicable to military and naval men.

CHAPTER III.--THE PRESIDENT

Art. 14. The President is the Head of the nation, and controls the power of the entire administration.

Art. 15. The President represents the Chung Hua Min Kuo.

Art. 16. The President is responsible to the entire body of citizens.

Art. 17. The President convokes the Li Fa Yuan, declares the opening, the suspension and the closing of the sessions.

The President may dissolve the Li Fa Yuan with the approval of the Tsan Cheng Yuan; but in that case he must have the new members elected and the House convoked within six months from the day of dissolution.

Art. 18. The President shall submit Bills of Law and the Budget to the Li Fa Yuan.

Art. 19. For the purposes of improving the public welfare or enforcing law or in accordance with the duties imposed upon him by law, the President may issue orders and cause orders to be issued, but he shall not alter the law by his order.

Art. 20. In order to maintain public peace or to prevent extraordinary calamities at a time of great emergency when time will not permit the convocation of the Li Fa Yuan, the President may, with the approval of the Tsan Cheng Yuan [Senate], issue provisional orders which shall have the force of law; but in that case he shall ask the Li Fa Yuan [House of Representative] for indemnification at its next session.

The provisional orders mentioned above shall immediately become void when they are rejected by the Li Fa Yuan.

Art. 21. The President shall fix the official systems and official regulations. The President shall appoint and dismiss military and civil officials.

Art. 22. The President shall declare war and conclude peace.

Art. 23. The President is the Commander-in-Chief of, and controls, the Army and Navy of the whole country. The President shall decide the system of organization and the respective strength of the Army and Navy.

Art. 24. The President shall receive the Ambassadors and Ministers of the foreign countries.

Art. 25. The President makes treaties.

But the approval of the Li Fa Yuan must be secured if the articles should change the territories or increase the burdens of the citizens.

Art. 26. The President may, according to law, declare Martial Law.

Art. 27. The President may confer titles of nobility, decorations and other insignia of honour.

Art. 28. The President may declare general amnesty, special pardon, commutation of punishment, or restoration of rights. In case of general amnesty the approval of the Li Fa Yuan must he secured.

Art. 29. When the President, for any cause, vacates his post or is unable to attend to his duties, the Vice-President shall assume his duties and authority in his stead.

CHAPTER. IV.--THE LEGISLATURE

Art. 30. Legislation shall be done by the Legislature organized with the members elected by the people.

The organization of the Legislature and the method of electing the legislative members shall be fixed by the Provisional Constitution Conference.

Art. 31. The duties and authorities of the Li Fa Yuan shall be as follows: (1) To discuss and pass all bills of law.

(2) To discuss and pass the Budget.

(3) To discuss and pass or approve articles relating to raising of public loans and national financial responsibilities.

(4) To reply to the inquiries addressed to it by the Government.

(5) To receive petitions of the people.

(6) To bring up bills on law.

(7) To bring up suggestions and opinions before the President regarding law and other affairs.

(8) To bring out the doubtful points of the administration and request the President for an explanation; but when the President deems it necessary for a matter to be kept secret he may refuse to give the answer.

(9) Should the President attempt treason the Li Fa Yuan may institute judicial proceedings in the Supreme Court against him by a three-fourths or more vote of a four-fifths attendance of the total membership.

Regarding the clauses from 1 to 8 and articles 20, 25, 28, 55 and 27, the approval of a majority of more than half of the attending members will be required to make a decision.


The Fight For The Republic In China - 70/86

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