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- The Fight For The Republic In China - 80/86 -


Art. 41. Should the House of Representatives consider either the President or the Vice-President of the Republic of China has committed treason, he may be impeached by the decision of a majority of over two-thirds of the members present, there being a quorum of over two-thirds of the total membership of the House.

Art. 43. Should the House of Representatives consider that the Cabinet Ministers have violated the law, an impeachment may be instituted with the approval of over two-thirds of the members present.

Art. 43. The House of Representatives may pass a vote of want of Confidence in the Cabinet Ministers.

Art. 44. The Senate shall try the impeached President, Vice- President and Cabinet Ministers.

With regard to the above-mentioned trial, no judgment of guilt or violation of the law shall be passed without the approval of over two-thirds of the members present.

When a verdict of "Guilty" is pronounced on the President or Vice- President, he shall be deprived of his post, but the infliction of punishment shall be determined by the Supreme Court of Justice.

When the verdict of "Guilty" is pronounced upon a Cabinet Minister, he shall be deprived of his office and may forfeit his public rights. Should the above penalty be insufficient for his offence, he shall be tried by the Judicial Court.

Art. ... Either of the two Houses shall have power to request the government to inquire into any case of delinquency or unlawful act on the part of any official and to punish him accordingly.

Art. 45. Both Houses shall have the right to offer suggestions to the Government.

Art. 46. Both Houses shall receive and consider the petitions of the citizens.

Art. 47. Members of either House may introduce interpellations to the members of the Cabinet and demand their attendance in the House to reply thereto.

Art. 48. Members of either House shall not be responsible to those outside the House for opinions expressed and votes cast in the House.

Art. 49. No member of either House during session shall be arrested or detained in custody without the permission of his respective House, unless he be arrested in the commission of the offence or act.

When any member of either House has been so arrested, the government should report the cause to his respective House. Such member's House, during session, may with the approval of its members demand for the release of the arrested member and for temporary suspension of the legal proceedings.

Art. 50. The annual allowances and other expenses of the members of both Houses shall be fixed by law.

(CHAPTER V on Resident Committee of the National Assembly with 4 articles has been eliminated.)

CHAPTER VI. THE PRESIDENT

Art. 55. The administrative power of the Republic of China shall be vested in the President with the assistance of the Cabinet Ministers.

Art 56. A person of the Republic of China in the full enjoyment of public rights, of the age of forty years or more, and resident in China for at least ten years, is eligible for election as President.

Art. 57. The President shall be elected by a Presidential Election Convention, composed of the members of the National Assembly.

For the above election, an attendance of at least two-thirds of the number of electors shall be required, and the voting shall be performed by secret ballot. The person obtaining three-fourths of the total votes cast shall be elected; but should no definite result be obtained after the second ballot, the two candidates obtaining the most votes in the second ballot shall be voted for and the candidate receiving the majority vote shall be elected.

Art. 58. The period of office of the President shall be five years, and if re-elected, he may hold office for another term,

Three months previous to the expiration of the term, the members of the National Assembly of the Republic shall themselves convene and organize the President Election Convention to elect a President for the next term.

[*] Art. 59. When the President is being inaugurated, he shall make an oath as follows: "I hereby solemnly swear that I will most faithfully obey the Constitution and discharge the duties of the President."

[*] Art. 60. Should the post of the President become vacant, the Vice-President shall succeed him until the expiration of the term of office of the President. Should the President be unable to discharge his duties for any cause, the Vice-President shall act for him.

Should the Vice-President vacate his post at the same time, the Cabinet shall officiate for the President, but at the same time, the members of the National Assembly shall within three months convene themselves and organize the Presidential Election Convention to elect a new President.

[*] Art. 61. The President shall be relieved of his office at the expiration of his term of his office. If, at the end of the period, the new President has not been elected, or, having been elected, be unable to assure office and when the Vice-President is also unable to act as President, the Cabinet shall officiate for the President.

[*] Art. 62. The election of the Vice-President shall be in accordance with the regulations fixed for the election of the President; and the election of the Vice-President shall take place simultaneously with the election of the President. Should the post of the Vice-President become vacant, a new Vice-President shall be elected.

Art. 63. The President shall promulgate all laws and supervise and secure their enforcement.

Art. 64. The President may issue and publish mandates for the execution of laws in accordance with the powers delegated to him by the law.

Art. 65. (Eliminated.)

Art. 66. The President shall appoint and remove all civil and military officials, with the exception of those specially provided for by the Constitution or laws.

Art. 67. The President shall be the Commander-in-Chief of the Army and Navy of the Republic.

The organization of the Army and Navy shall be fixed by law.

Art. 68. Intercourse with foreign countries, the President shall be the representative of the Republic.

Art. 69. The President may, with the concurrence of the National Assembly, declare war, but, in case of defence against foreign invasion, he may request recognition of the National Assembly after the declaration of the war.

Art. 70. The President may conclude treaties; but with regards to treaties of peace, and those effecting legislation, they shall not be valid, if the consent of the National Assembly is not obtained.

Art. 71. The President may proclaim martial law according to law; but if the National Assembly should consider that there is no such necessity, he should declare the withdrawal of the martial law.

Art. 72. (Eliminated.)

Art. 73. The President may, with the concurrence of the Supreme Court of Justice, grant pardons, commute punishment, and restore rights; but with regard to a verdict of impeachment, unless with the concurrence of the National Assembly, he shall not make any announcement of the restoration of rights.

Art. 74. The President may suspend the session of either the Senate or the House of Representatives for a period not exceeding ten days, but during any one session, he may not exercise this right more than once.

Art. 75. With the concurrence of two-thirds or more of the members of the Senate present, the President may dissolve the House of Representatives, but there must not be a second dissolution during the period of the same session.

When the House of Representatives is dissolved by the President, another election shall take place immediately, and the convocation of the House at a fixed date within five months should be effected to continue the session.

Art. 76. With the exception of high treason, no criminal charges shall be brought against the President before he has vacated his office.

Art. 77. The salaries of the President and Vice-President shall be fixed by law.


The Fight For The Republic In China - 80/86

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