In 1958 the French constitution

In 1958 the French Constitution (Chinese)

                                     (September 28, 1958 through October 4, 1958 published)

 

           Preface

 

   The French people solemnly declared: loyal to the 1789 Universal Declaration of human rights are positive for the preamble to the Constitution in 1946, confirmed and supplemented by various human rights and on the principle of state sovereignty.

   According to these principles and the people of all ethnic groups of the right of peoples to self-determination principle, the Republic is willing to participate in the overseas territories to provide built on freedom, equality and fraternity of the common ideal, and on the basis of the territories to get democracy development of new organization.

   The first Republic and the free territories people decided by this constitution, and the composition of community.

   Community building community based on the equality and unity of the people of all ethnic groups.

 

             First chapter  Sovereignty

 

   Second French as indivisible, non religious, democracy and social services for the Republic of china. All citizens, different races and religions, regardless of origin, are equal before the law. The French Republic respect all beliefs.

   The flag is blue, white, and red flags.

   The national anthem for the marseillaise.

   The Republic's slogan is: "liberty, equality, fraternity".

   Republic of China principle is: the people, for the people and by the people's government.

   Article third the state sovereignty belongs to the people, the people through their representatives or through a referendum to exercise state sovereignty.

   Any one part person or any person shall not presume to national sovereignty.

   According to the constitution, elected directly or indirectly elected to take. The election will take the universal, equal and secret ballot. According to the provisions of the law, shall enjoy civil rights and political rights of French adult men and women have the right to vote.

   For fourth different parties and political organizations to assist in the election.

   All political parties and groups can organize and conduct activities freely, but must comply with the principle of state sovereignty and the principle of democracy.

 

            The second chapter  The president of the Republic

 

   The fifth president of the Republic of supervision of the constitution. The president of the arbitration for the continuity of normal exercise state power and country.

   The president of the Republic is responsible for ensuring national independence, territorial integrity, and abide by the treaties and community agreements.

   Article sixth the president of the Republic for 7 years, elected by the electoral college, the electoral college comprises members of Parliament, members of the provincial parliament, overseas territories of member of Parliament, and delegates selected by city, town councils.

   The town council is the representative:

   Residents in the 1000 people below the town mayor.

   Residents to 2000 people of the town's mayor and first deputy mayor in 1000.

   Residents to 2500 people of the town mayor, the first deputy mayor and a city council members according to the sequence determined in 2001.

   Residents to 3000 people of the town's mayor and deputy mayor in two of 2501 people.

   Residents to 6000 people of the town mayor, vice mayor of the top two and three according to the order of a member of the City Council decided in 3001.

   Residents to 9000 people of the town mayor in 6001, former vice mayor of the two and six according to the order of the city council members decided.

   More than 9000 residents in the town of all the members of the council.

   In addition, more than 30000 residents in the town, in addition to the city council members, each more than 1000 people added a representative, a representative designated by the city council.

   Republic of China Overseas Territories in the electoral college, representative by the administrative units in accordance with the provisions of the parliamentary election. Community members to participate in the matters of the president of the Republic of the electoral college, determined by the members of the Republic and the community with the agreement.

   The implementation of measures shall be determined by an organization method.

   The seventh president of the Republic of the election, the absolute majority in the first round of voting. If the first round of voting no results, the president of the Republic in the second round of voting in selected according to relative majority system.

   The election was held by the government to convene.

   The election of a new president should be at least 20 days before the expiration of the term of office of the president, up to 50 days to hold.

   The president was Republic vacancy, or by the government put forward by the Constitutional Council by an absolute majority of votes confirmed that the president is unable to exercise the duties, except for the functions of the following Provisions Article eleventh and twelfth of the president of the Republic, the authority, temporarily by the Senate to exercise. In the president's absence or in the Constitutional Council declared President can not exercise his case, unless the constitution committee found there are irresistible, the election of a new president should be published in the absence or explicitly announced that the president is unable to exercise at least 20 days after the official announcement, to more than 50 days at.

   Article eighth the president of the Republic appointed prime minister. The president to the prime minister to resign after the lifting of prime minister. According to the prime minister and president suggested that other members of the government.

   The ninth republic president presides at meetings of the cabinet.

   To be published within 15 days of the tenth president of the Republic to the law finally passed and sent to the government.

   Before the term expires, the president some provisions for Parliament on the law or the law of re review. Parliament shall not refuse to review.

   Article eleventh the president of the Republic during the proposed according to government gazette published by the government in parliament, or jointly proposed by both houses of Parliament proposal, will be about authorized community agreement or authorized although everything not to violate the constitution, but the impact of government agencies the authority to exercise the treaty relates to public power organization draft law submitted to citizens, referendum. If the referendum result by the draft law, the president of the Republic shall be published in the first paragraph of article tenth period.

   Article twelfth the president of the Republic in consultation with the prime minister and parliament speaker of the house of Representatives, have announced the dissolution of parliament. The dissolution of the national assembly, 40 days to hold elections in early to later in 20 days.

   The National Assembly elected in second Thursday to hold the meeting. If the meeting is for often held outside, session for 15 days.

   Not allowed to dissolve the national assembly within one year after the election.

   Decree thirteenth republic president signed the cabinet meeting decided and command.

   The president appointed national administrative and military personnel.

   The administrative court Commissioner, honours committee director, ambassadors and ministers plenipotentiary, audit department audit officer, governor, the government in the overseas territory representatives, general officer, university president, central government ministries director should be appointed by the cabinet meeting.

   Organization law through a cabinet meeting to appoint other personnel, and the provisions of the conditions under which the president of the Republic appointed right may be appointed by the president on behalf of others.

   Article fourteenth the president of the Republic appointed foreign minister plenipotentiary and and accept foreign ambassador and minister.

   Article fifteenth the president of the Republic is the supreme commander of the army. The president presides over the supreme Defense Council and national defense council.

   The implementation of the sixteenth when the republic system, national independence, territorial integrity or international obligations seriously and direct threat, and when the constitutional state power normal exercise is hindered, President of the Republic with the prime minister, President of the parliament speaker of the house of Representatives and the Constitutional Council is after consultations, the necessary measures should be taken according to the situation.

   The president gave the measures taken to notice the proclamation.

   These measures should aim for in the shortest possible time to ensure the authority the constitutional powers have completed their task, in this issue, should consult the constitutional committee.

   The parliament to hold the meeting.

   The National Assembly shall not be president dissolved during the exercise of special power.

   Article seventeenth the president of the Republic has the right of pardon.

   The eighteenth president of the Republic of links with the message with the houses of Parliament in the house and the Senate, message read, but in any way to carry on the discussion, shall be.

   As in the recess, parliament may be held a special meeting.

   Article nineteenth the president of the Republic ordered by Prime Minister countersigns, when necessary, by the relevant minister countersigns, but the provisions of article eighth paragraph first, eleventh, twelfth, sixteenth, eighteenth, fifty-fourth, fifty-sixth and sixty-first of the cases, the limit.

                           

             The third chapter  The government

 

   Article twentieth the government decided to implement the national policy and.

   The government in charge of the administrative institutions and the armed forces.

   The provisions in article forty-ninth and article fiftieth, article two the government according to the procedures stipulated by the responsible to parliament.

   The twenty-first Prime Minister led government activities. The Prime Minister of defense is responsible for. The prime minister to ensure that law enforcement. Except as stated in thirteenth, Prime Minister of the Ordinance and the exercise of power, the appointment of civil and military officials.

   The prime minister may entrust the minister took some of his power.

   When necessary, the prime minister instead of the president of the Republic chaired the fifteenth stipulated by supreme Defense Council and national defense committee meeting.

   Under special circumstances, the prime minister may according to the express authority on a particular schedule instead of the president of the Republic was a cabinet meeting.

   The twenty-second prime minister commands when necessary by the deputy minister responsible for executing the command.

   Twenty-third members of the government shall not concurrently hold any parliamentary duties or holding any national occupation the post, also  Shall not participate in any occupation activity.

   The head of mission, post or office staff, the replacement conditions, shall be determined by the organization law.

   Replace members of Parliament, should be dealt with in accordance with the provisions of article twenty-fifth.

 

              The fourth chapter  Parliament

 

   The twenty-fourth parliament composed by the national assembly and senate.

   The national parliament elected by direct.

   The Senate are elected indirectly. It ensures that the Republic territories unit representation. French nationals living abroad should have its representative in the senate.

   Article twenty-fifth of both houses of Parliament, the number of members, members shall term, candidate qualifications, as well as unqualified candidate and shall not concurrently duty system, the organization shall determine. When lawmakers meet, get the by election, election of the members of the national assembly and the Senate, shall exercise its functions and powers until the house of all or part of election date. The by election Senator conditions, shall be determined by the organization law.

   Twenty-sixth shall be according to the senator delivered in performing their official duties when views or the vote of the members of the prosecution, search, arrest, detention or trial. Members in the session, in addition to the existing prisoners, without the consent of the Senate, not because of the criminal or misdemeanor prosecuted or arrested.

   During the period of MPs in parliament session, without the consent of the Senate office, be arrested. Except in flagrante delicto, approved by decision makers of prosecution and. If the members of the house of Commons request, prosecution of members of the detention or, should immediately stop execution.

   Article twenty-seventh voters on the members of the delegation shall be void of any compulsory.

   Members of the voting rights belong to their own.

   The organization was exceptional authorization vote. In this case, any member may not accept more than one delegate.

   The twenty-eighth parliament each year to convene the two often.

   The first meeting from the beginning of the first Tuesday in October, to the end of the third Friday in December.

   Second meeting begins from the last Tuesday in April, will be a period not exceeding 3 months.

   The twenty-ninth parliament should be the prime minister or the National Council for the majority of the members of the request, to convene a special meeting, and according to a schedule determined in advance were discussed. Should a member of the National Assembly request special meeting, provisions of the schedule a discussion or at the latest meeting in 12 days, until the command is effected. In the 1 months after the closing command issued, only the prime minister can request to convene a meeting.

   Thirtieth in addition to parliament to convene a meeting, President of the Republic of the special meeting shall be held in order to announce and meetings.

   Thirty-first members of the government to attend the Council meeting, when they ask for the floor, parliament should listen to their comments.

   Members of the government to appoint commissioners with attending the meeting.

   The thirty-second speaker of the national assembly of the same term and the parliament. The Senate President in every part of post election re-election senator.

   The thirty-third parliament meeting held in public. The minutes of the meeting by the "government gazette" published.

   The prime minister and Senator 1/10 requirements, each hospital had held secret meetings of parliament.

 

               The fifth chapter  Relationship between the Parliament and the government

 

   Article thirty-fourth all laws passed by parliament, are.

   The thirty-fifth parliament has approved the right to declare war.

   The thirty-sixth meeting of the cabinet has the power to declare martial law.

   If the martial law was extended to more than 12 days, should be approved by parliament.

   Property thirty-seventh does not belong to the legal matters within the scope of regulations.

   In the form of legislation about these matters file, after consulting the administrative court opinions, orders to be changed. Made in this constitution after the entry into force of such documents, in addition to the Constitutional Council announced that the provisions of the preceding paragraph has regulations in nature, not in order to modify the.

   Article thirty-eighth the government for the implementation of the platform's sake, have asked Congress to authorize it within a certain period of time to act for matters usually belong to the scope of the law to take measures.

   The act after consulting the administrative court opinion, shall be formulated by the cabinet meeting. The decree from the date of effect, but if the ratification of the decree of the draft law failed in the authorized the government formulated the decree of the law before the Congress, the bill shall be invalid.

   The provisions in the first paragraph of this article after the expiration of the time limit, the scope of relevant legislation in the law can only be changed by the law.

   Article thirty-ninth legislation the right of initiative also belongs to the prime minister and parliament.

   In consultation with the administrative court opinions, the draft law at a cabinet meeting to review and submit one house office. The fiscal law first submitted to the national assembly.

   The fortieth parliament proposed proposals and amendments, the consequences will be reduced as national income or will aggravate the burden on the state, shall be established.

   Article forty-first in the legislative process, such as a proposal or amendment does not belong to the scope of the law or the provisions of article thirty-eighth and according to the authorization of government can not accept the contrary.

   The law of the following matters:

   The basic guarantee of citizen right and gives to the exercise of civil liberties; necessary limitation due to defense needs of citizens and their property made.

   Nationality, status and legal capacity, the institution of marriage, inheritance and gift personal.

   On the determination of light crime and punishment, criminal procedure, amnesty, and set up a new judicial system and judge.

   Based on collection, tax rate and tax; on the currency issue system.

   The following items at the same time determining the law:

   The Parliament and the Council's electoral system;

   On the establishment of public authority;

   The basic guarantee for national civil and military officials of relevant;

   Transition of the nationalization of enterprises and enterprise ownership from public to private.

   Establish the following fundamental principles of law;

   The general principles of organization of national defense;

   The principle of autonomy of the local unit of power and resources, their principle;

   The relevant principles of education;

   The ownership of the property and the general principle, and commercial liability principle;

   The right of labour, trade unions and social security principle.

   In the organization of the provisions of the law, to remove retained, determine the income and expenditure of fiscal law.

   The national plan law determine the country's economic and social activities of the target.

   The provisions of this article may be explained by the organization and supplement.

   If the government and the house speaker, the proposal or amendment can set up the question of differences of opinion, the Constitutional Council should be one of the two requirements, to be ruling in 8 days.

   Forty-second first received the draft law to parliament, according to the government's discussion on the draft law of the provisions.

   A house of Commons received by another house after the draft, should be sent for review.

   Article forty-third in the government or the admissibility of the house's request, draft laws and proposals shall be submitted to the ad hoc committee on.

   The government or the house did not put forward the above requirements, draft laws and proposals should be sent to the Standing Committee, the Committee of each house shall not exceed 6.

   Forty-fourth members of Parliament and the government has the right to propose an amendment.

   When the debate began, the government may refuse to consider any amendment without commission research.

   The government requested, accepting house should only government proposed or agreed to the amendment, a vote on the consideration of the bill in whole or in part.

   Article forty-fifth any draft laws or legal proposal, in both houses of parliament have been considered, in order to pass the same text.

   If the houses of Parliament disagreement, when a draft law or legal proposals in each house two reading was not adopted, or the government felt the urgent need, a reading by the house of Representatives, mixed committee prime minister have the right to convene a mutually equal numbers of responsible for discussion in terms of a text.

   The text proposed the mixed committee was submitted by the government of the. Except with the consent of the government of the amendment, the other is inadmissible. If mixed committee not through a common text, or if the text is not stipulated in the preceding paragraph conditions through the government, in the national assembly and the Senate even after the final vote, ask the national assembly. In this case, the National Assembly re mixed text drafted by the Commission to vote, or text national parliament finally adopted by the Senate vote, or put one or several amendments to amend the text of the vote.

   The forty-sixth constitution has the property of the organization law of voting and revised in accordance with the following procedures.

   Draft or proposal is put forward in the 15 day after the expiration of the first to accept, to deliberate and vote on the house.

   Forty-fifth the provisions of the procedures can be used. However, if the houses of Parliament failed to reach agreement, the National Council for the text must have the number of members the majority agreed, only in the last read to by.

   The Organization Act relating to the Senate, according to the same method by both houses of parliament voted through.

   Organization of law in the Constitutional Council announced that in order to meet the constitution promulgated.

   The forty-seventh parliament in accordance with the law, to vote on the finance bill.

   If the National Assembly on the draft at 40 days after failing to read through, the government submitted to the Senate, the Senate shall make a decision within 15 days, and then in accordance with the provisions of article forty-fifth of the conditions.

   If Parliament fails to make a decision within 70 days, the provisions of the draft law shall be implemented to. If a specific accounting finance bill payments did not put forward the annual in the appropriate period for publication in the accounting before the start of the year, the government had an urgent need to parliament, Parliament authorized the government to levy tax, and allocate the funds industry after the vote had to act.

   Such as the parliament is in recess, the provisions of this article shall be extended period. Audit Institute helped Parliament and government supervision and the implementation of fiscal law.

   Article forty-eighth in both houses of Parliament's agenda, should be in accordance with the provisions of the order of priority of government, legal government proposal to discuss the proposed draft laws and government agreed.

   A weekly meeting for Parliament and government to answer question.

   The forty-ninth prime minister is a cabinet meeting to discuss the government policy agenda or general policy, the national conference proposed by the government to assume responsibility description.

   According to the national parliament no confidence motion passed, to pursue the responsibility of the government. But the no confidence motion must have at least the national parliament Senator 1/10's signature can be put. A motion of no confidence vote must be in the rear of 48 hours. A motion of no confidence vote counting only vote, a motion of no confidence in the national assembly of all the members of the majority in favor of. If the no confidence motion was rejected, the signature of the members shall put no trust in the new at the same meeting. But the following provisions of the limit.

   The prime minister cabinet approved the bill to vote, the national assembly proposed by the government to assume responsibility description. If according to the provisions of the conditions in the 24 hours have passed without any no confidence vote, the bill that has passed. The prime minister has asked the Senate agreed to the general policy statement function.

   Fiftieth when the National Assembly passed a motion of no confidence or when it does not agree with the government's policy agenda or general policy statement, the prime minister must be presented to the president of the Republic government to resign.

   The fifty-first parliament ordinary or special meeting adjourned to be extended, so that the forty-ninth terms have been implemented in when necessary.

                    

                 The sixth chapter  International treaties and agreements

 

   Article fifty-second the president of the Republic signed and ratified the treaty.

   Any international agreement signed without the approval of the negotiations shall notify the president of the republic.

   Fifty-third, trade treaty, Treaty on international treaty or agreement, relates to the financial state of the treaty or agreement, modify belongs to the legislative provisions of treaties or agreements, about personal identity of the treaty or agreement, as well as the relevant territorial cession, exchange or merge the treaty or agreement, not according to the law shall not be approved or through.

   The treaty or agreement to take effect after being approved or adopted.

   Territorial cession, exchange or merge, is invalid without the consent of the relevant residents.

   The fifty-fourth constitution committee, President of the Republic, the first prime minister or in both the house and Senate speaker to an international agreement submitted for consideration, announced the new international agreement with violation of the terms of the constitution, must to amend the constitution, can only be authorized by this agreement or.

   Article fifty-fifth in accordance with the law or the approval of treaties or agreements were announced, is higher than the force of law, but for every treaty or agreement, the parties of execution and not as a reservation.

                      

                The seventh chapter  The Constitutional Council

 

   Members of the fifty-sixth Constitutional Commission for 9 people, a term of 9 years, no re-election. The Constitutional Council elections every three years 1/3. 3 people are appointed by the president of the Republic, 3 appointed by the speaker of the national assembly, appointed by the president of the Senate for 3 people.

   9 members in addition to the above provisions, the former Republic of China President for life member of the constitutional council.

   The chairman of the Constitutional Council appointed by the president of the republic. In its ruling, such as equality of votes, the president has the right of final decision.

   Article fifty-seventh where a constitutional committee members shall not concurrently hold the position of minister of members, or. No other job part-time, organized by the law.

   Fifty-eighth Constitutional Commission to oversee the legitimacy of the presidential election in the republic.

   The voting results and publish the constitutional committee review controversial matters.

   Article fifty-ninth in case of dispute, the Constitutional Council to rule on the legality of Representatives and the Senate election.

The legitimacy of the sixtieth Constitutional Commission to oversee the referendum, and publish the results.

   Article sixty-first in the organization law promulgated, the houses of Parliament's internal rules prior to execution, shall be submitted to the Committee for review, to award its constitutionality. For the same purpose, all laws promulgated in any previous hospital president, prime minister or by the Republic of China in both the house and Senate speaker before the constitutional review committee.

   In the case of the provisions of the preceding two paragraphs, the Constitutional Council should make a ruling within 1 months. But in case of emergency, the government requirements, duration reduced to 8 days.

   In this case, accept the constitutional committee shall suspend the announced deadline.

   The sixty-second was declared unconstitutional provisions shall not be published, nor execution. The Commission's ruling shall not be appealed. The Commission's ruling has coercive power to government departments, all administrative organs and judicial organs.

   The sixty-third constitution committee organization and authority rules, submit matters to the commission process, especially with regard to submit disputes in time, shall be set by the organization law.

                           

                  The eighth chapter  Judicial

 

   Article sixty-fourth the president of the Republic to ensure judicial independence.

   Supreme Judicial Council to assist the president.

   The role of judge by the organization law decision.

   The judge is not affected by the recall.

   Article sixty-fifth the president appointed chairman of the Supreme Judicial conference, Attorney General of course vice chairman. The president is not in time, the Minister of justice to replace the president. The highest judicial conference also includes the organization method in accordance with the provisions of 9 commissioners appointed by the president.

   The highest judicial conference recommendations on the high court judges and Court chief judges. In accordance with the law, the highest judicial conference comments on proposals relating to the appointment of the other judges of the Minister of justice. In accordance with the law, the highest judicial conference put forward opinions on the amnesty.

   Supreme Judicial Council and Commission for Discipline judges, in this case, the Supreme Judicial Council is chaired by the chief judge of the high court.

   Article sixty-sixth any person shall be detained for no reason.

   As a personal liberty protector of the judicial organs in accordance with the provisions of the law, the conditions that ensure respect for this principle.

 

                 The ninth chapter  The special high court

 

   Article sixty-seventh the establishment of a special court.

   Especially the high court is composed of a national assembly and Senate in Senate every time all or part of their respective members after the election, Senator elect an equal number of components. The special high court elected from among its members 1 served as chairman.

   The special high court, exercise the powers of the rules, and submit to the trial program, organized by the law.

   Article sixty-eighth except treason, irresponsible behavior of the president of the Republic on the execution of his duty. Absolute majority of both houses of Parliament only by public voting by members of Parliament and make the same vote for the president of the Republic, to sue. The president of the Republic by the special high court.

   Members of the government in performing duties shall bear criminal responsibility of crime, felony or misdemeanor crime was determined. The program also apply in the case of the members of the government and its accomplice crime endangering State security. According to the provisions of this paragraph, the special high court shall be implemented in accordance with the crime criminal law, determine the felony or misdemeanor and sentencing.

                      

                The tenth chapter  The economic and Social Council

 

   Sixty-ninth according to the request of the government, the economic and Social Council put forward opinions on the draft law, submitted by the government decrees and commands and bill.

   The economic and Social Council may appoint 1 members, the Committee of the parliamentary representation to opinion draft laws or legal proposals submitted for its consideration.

   Article seventieth the economic and Social Committee can also accept government advisory for any economic and social nature of the Republic of China and the community.

   Any plan or any economic or social nature of the draft law shall be submitted to the planning, put forward opinions on the economic and social council.

   With the exercise of powers of seventy-first economic and Social Commission rules of the organization, by the organization law.

 

                   The eleventh chapter  Local public entities

 

   The seventy-second Republic of the local town, province and overseas territories. Other local public entities established by law. These local public bodies in accordance with the conditions specified by law, the elected local councils free to manage.

   The government is responsible for protecting the interests of the nation, on behalf of the local public groups, administrative supervision and legal compliance.

   Article seventy-third the overseas provinces can according to the special situation and their corresponding measures are taken on legislative system and administrative organization.

   The seventy-fourth Republic of China overseas territory, is in the general interest in the Republic, the special organization to take care of the interests of the inherent territory. In consultation with the relevant territory parliament's opinion, the organization shall determine or alter by law.

   Article seventy-fifth where there is no ordinary legal provisions of this article thirty-fourth of the citizenship of the citizens of the Republic, as long as they do not give up, still retain their personal identity.

   Article seventy-sixth the overseas territories can maintain their position in the Republic of china.

   If the overseas territories by their own territory parliament in ninety-first in the first paragraph of period of time to make decision, said such a desire, they can become overseas province of the Republic, to become the community members or jointly or individually.

                        

                 The twelfth chapter  Community

 

   Seventy-seventh based on the constitution of the community, each member has the right of autonomy, self governance and democracy are free to manage their own affairs. In the community, there is only one kind of citizenship. All citizens, regardless of their origin, ethnicity or religion, shall be equal before the law. All citizens to undertake the same obligations.

   Jurisdiction Seventy-eighth community including foreign policy, defence, currency, common fiscal and economic policies, and the policy of strategic materials. In addition to a special agreement, jurisdiction community also includes supervision, judicial higher education and foreign transportation and public transportation and the general organization of radio communication.

   Special agreement can create other common jurisdiction or jurisdiction provisions of community to any transfer of a member.

   Seventy-ninth community members in accordance with the provisions of the seventy-sixth made a choice, they immediately can enjoy the provisions of article seventy-seventh.

   Before the effective measures to implement the provisions of this chapter to the common questions of jurisdiction, decided by the Republic of china.

   Article eightieth the president of the Republic for the community's president and representatives of community.

   Community institutions as the Executive Committee, the Senate and the court of arbitration.

   Eighty-first community members according to the provisions of the sixth conditions to participate in the presidential election.

   The president of the Republic to community presidential qualifications in the States members of the community representatives.

   Eighty-second community's executive committee is chaired by the president of the community.

   Executive Committee of heads of government of the States members of the Prime Minister of the Republic, community and for the common affairs community ministers. The implementation of government between nations Member Committee Organization in community and administrative management cooperation.

   The Executive Committee of the organization and the authority by the organic law.

   Eighty-third community representatives elected by the parliament of the Republic Senate and other members of the Legislative Council of the community from their members in composition. The number of each member according to its population in the community and to bear responsibility for the size of the.

   Community Senate held two meetings each year, the president announced by the community meetings and meetings, each meeting shall not exceed 1 months.

   In the parliament of the Republic, and when necessary, in the legislative assembly of other members of the community, the community before the economic and fiscal policy law to vote, the President requested the community, community discussion of these policies.

   The range of community belongs to the thirty-fifth and fifty-third and the community obligations of international treaties or agreements to examine documents.

   The Senate may make community executive decision in each member community National Law Council commissioned its acting within the scope of authority of the. These decisions and laws to the same form, issued in the national territory.

   Community composition and exercise the power of Senate rules, organized by the law.

   Between the eighty-fourth Community Court of arbitration award community member states.

   Its composition and terms by organic law.

   The eighty-fifth chapter relating to community organizations in accordance with the provisions of article eighty-ninth terms, without the program, and passed by the parliament of the Republic of the Senate and community language the same law be amended.

   Eighty-sixth community a membership status, can according to the Republic's request, or the relevant national legislation to Congress, and confirmed by the local referendum resolution request, to change. The referendum by the community organization and supervision authorities. The changes of status of program by the parliament of the Republic and the relevant national legislation on the club be specified by an agreement.

   Under the same conditions, community members can become an independent country. So it is no longer a community.

   Article eighty-seventh for the implementation of this chapter concluded a special agreement approved by the parliament of the Republic and the relevant legislative assembly.

 

               The thirteenth chapter  Joint agreement

 

   The eighty-eighth Republic or community can be the same as in order to promote the civilization and requested the United in countries concluded agreements.

                    

               The fourteenth chapter  The revision of the Constitution

 

   The eighty-ninth constitutional amendment initiative right belongs to the president of the Republic and member of Parliament, President according to the advice of the prime minister to exercise initiative.

   The revision of the constitution draft or bill by houses of the same text vote through. Adopted by referendum, the amendment to the constitution was finally determined.

   But when the president of the Republic decided to an amendment to the constitution to a joint session of congress discussion, the amendment does not deliver the referendum, in this case, only when a joint session of Congress by a majority of valid votes in favor of the 3/5, the amendment to the. The secretariat the Secretariat of the national assembly is a joint session of Congress.

   When the amendments to the constitution are detrimental to the territorial integrity, any modification program may proceed or continue.

   Republic shall not become modified object.

 

                The fifteenth chapter  Transitional provisions

 

   The ninetieth parliament will abort. The incumbent National Parliament to elect according to the constitution of the National Assembly meeting date end.

   In the above before the meeting, only the government has the right to convene parliament.

   The Federal Parliament's term of office and the members of the national assembly and the presidency ended.

   The ninety-first article of the constitution of the Republic of China shall establish a mechanism, within 4 months from the date of promulgation of the constitution. Establish community period may be extended to 6 months.

   The current president of the Republic of the authority in accordance with the provisions of this constitution, only the sixth and seventh election results announced that ended.

   The States members of the community to the promulgation of the constitution, in accordance with the law of their conditions, to participate in the elections for the first time.

   The state of existing government agencies, in the constitution into effect, will be in accordance with the existing laws and regulations continue to exercise their functions and powers until the new government institutions, setting up.

   Before the Senate formally established in its body, composed of the Senate of the Republic members. Clear organization law Senate formally established, to be developed before July 31, 1959.

   Article fifty-eighth and fifty-ninth awarded the constitutional committee shall, before the committee set up by the administrative court, vice president chaired and composed of the chief justice of the Supreme Court and the court of auditors of the chief audit executive committee on behalf of.

   Before the entry into force necessary to enforce the twelfth chapter measures, the States members of the community, people continue to have their representatives in parliament.

   Article ninety-second for the establishment of legislative measures mechanism and before the establishment of the exercise of public power is required, the cabinet meetings in consultation with the administrative court, the provisions of legal act.

   The provisions in the ninety-first paragraph first of the period, the government has the right to the formulation of legal act defined herein parliamentary election system.

   In the same period and under the same conditions, the government can also take it that all measures necessary for national survival, protection of citizens and to protect the freedom of the.

                   

                   The 1958 constitution amendment (a)

  This law, by 1960 (1962, 1963, 1974, 1998, 1999 (January 25th and July 8th revised many times)

   Article sixth the president of the Republic produced by universal direct election, term of 7 years.

   The measures for the implementation of the provisions of the other set by the organization law. (this article for the referendum in October 28, 1962 November 6, 1962 amendment, officially released)

   Article seventh the president of the Republic by an absolute majority of valid votes is elected. If the first round of voting no to obtain an absolute majority, held the second round of voting in the first round of voting after the second Sunday. The second round of voting in the first round with only two candidates the most votes in the first round; but as many candidates dropped out of the race, with two votes more as a second round of voting candidates.

   The election was held by the government to convene.

   The election of a new president shall, 20 days before the expiration of the 35 days to hold the presidency.

   The absence of president of the Republic regardless of reason, or by the government, the Constitutional Council overwhelmingly confirmed the president is unable to exercise their functions and powers, the office of president of the Senate shall temporarily by the authority, except the following article eleventh, the provisions of article twelfth. If the president of the Senate is also unable to exercise their functions and powers, the government replaced the.

   The president announced the absence or constitutional committee exercise the functions and powers the president does not, unless the constitution committee confirmed there are irresistible, the election of a new president in the absence or declared President president does not exercise the authority within 20 days to 35 days to hold.

   In the absence of the president of the Republic, the president of the Republic or announced does not exercise their functions and powers to the date chosen successor, during this period, the forty-ninth constitutional provisions, article fiftieth and article eighty-ninth shall not implement. (this article for the referendum in October 28, 1962 November 6, 1962 amendment, officially released)

   The twenty-eighth parliament held the two regular meeting of each year in accordance with the law.

   The first meeting in October 2nd, continuing for 80 days. The second meeting in April 2nd, the longest time shall not exceed 90 days. As in October 2nd and April 2nd, coincides with the holiday, the date of the meeting was postponed to the next working day. (in December 30, 1963, the national assembly and the Senate meeting by modifying)

   Article sixty-first for the same purpose, the law was enacted, can by the president of the Republic, the prime minister, of representatives in any house speaker, or by the 60 members of the national assembly and 60 Senate Committee submitted the constitution. (1974 October 21 by both chambers of Parliament by modifying the second paragraph of this article, revise, remaining unchanged)

   The eighty-fifth chapter sections can also be an agreement between all countries concluded by community be modified. Effect of new provisions according to the constitutional conditions. (the national parliament in May 18th, May 11, 1960, June 3rd, the Senate passed Senate community, in June 4th promulgated the constitution amendment increased second)

   Article eighty-sixth a community members can also be by agreement, become independent countries, but not so out of the community.

   A non member countries of the community of independent countries can participate in the community by agreement, but still as independent countries.

   These countries in a joint body position, agreement, signed by the end of the preceding paragraphs especially agreements signed, and if necessary by the eighty-fifth paragraph second of the agreement. (the national parliament in May 18th, May 11, 1960, June 3rd, the Senate passed Senate community, in June 4th promulgated the constitution amendment increased third, fourth, fifth)

          

(the Republic of France in 1958 the French constitution amendment (a) presentation, Li Long from the "basic theory" the constitution of a book, Wuhan University press, 1999 edition)

 

                     The 1958 constitution amendment (two)         

             The constitution amendment in July 20, 1998 added a new chapter thirteenth

 

   Transitional provisions about New Caledonia

   Seventy-sixth the provisions according to the Republic of France in May 27, 1998 published May 5, 1998 Noumea agreement, New Caledonia will vote.

   Where in accordance with article 881028 Decree No. second issued in November 9, 1988 stipulated conditions people can vote.

   The approach to organize the vote with the complaint investigation department to negotiate and discussed by the meeting of ministers, regulated by decree.

   Seventy-seventh when the deal was held according to the provisions of the seventy-sixth after the vote, to ensure that the route guide the development of New Caledonia follow the agreement as determined with the implementation, after discussion with the New Caledonia conference will make the organization law.

   - eventually transferred to the New Caledonia state power when it will be, how to transfer, how the resulting cost would be borne;

   - New Caledonia organization and operation rules, especially some files through the release conference submitted to the Convention review aspects of the situation;

   - about civil rights, electoral system, employment and for the common law the high-speed personal identity rules;

   - New Caledonia people to obtain complete sovereignty vote conditions and time limit;

   The implementation of the provisions of article seventy-sixth of the agreement will have other measures prescribed by law.

 

           The constitution amendment in January 25, 1999 amended article 882 and 884 provisions

 

   Eighty-eighth - 2: to abide by the Treaty on European Union reciprocity and abide by the terms based on signed in 1992, France agreed to establish a European Economic and monetary union transfer the necessary power.

   The Treaty establishing the European Community in terms of retention and to comply with the October 2, 1997 revision based on, France agreed to transfer the right of freedom of movement and related areas must be out of personnel rules and regulations.

   Article 884: European community or the European Union including constitution draft document or proposals to the European Union after the meeting, the government should be submitted to the national assembly and the senate. The text submitted to the national assembly and Senate, should also include the European Union proposed a mechanism of the draft document or recommendations.

   According to the current parliamentary procedure, even if Congress does not "in a meeting, submit the draft, proposal or document motion can also be obtained through.

 

           The July 8, 1999 constitutional amendment of third, fourth, added a 532 strip

 

   Article third the state sovereignty belongs to the people, by the people and for the referendum exercise state power.

   Any part of the people or individuals shall not presume to national sovereignty.

   In accordance with the provisions of the constitution, the vote may be exercised either directly or indirectly, but it must be universal, equal and secret.

   Whoever enjoys civil rights and political rights of all French adult men and women national in accordance with laws and regulations, have the right to vote. The equal legal protection of the rights of women and men involved in running for office and position.

   Fourth political parties and groups should assist the election, they are free to organize and conduct activities, they must abide by the principle of state sovereignty and the principle of democracy.

   They should assist in the implementation of article third of the constitution established the principle of.

   Article 532 according to the provisions of the treaty signed in July 18, 1998, the Republic recognizes the International Criminal Court's jurisdiction.

 

(the French republic constitution of 1958 (i.e. the French Constitution) amendment (two) of the three part English version, provided by the French Republic in China Embassy ambassador. By the Northwest University of Politics and Law Law Department of Zhu Jiping translation, proofreading, Xi'an translators training college student Zheng Na participated in part of the translation. )