The 1923 constitution of the Republic of China

The constitution of the Republic of China (constitution (Cao Kun)In twelve years in October 10th published)
The constitution of the Republic of China Conference

The constitution of the Republic of China Conference to develop Guoguang, consolidate the country stable, improve social welfare, for human dignity, for this constitution declared, swear salty compliance, and the promise.

The first chapter

The first of the Republic of China as a unified democratic country forever.

The second chapter sovereignty

Article second the sovereignty of the Republic of China belongs to the national.

The third chapter land

Article third of the Republic of China land according to its existing national boundaries. Land and divisions by law shall not be altered.

 The fourth chapter of national

The fourth laws of any to depend on the citizenship of the Republic of China for the citizens of the Republic of china.

Article fifth citizens of the Republic of China by law without racial religion not, are equal.

Sixth People Republic non legal immunity from arrest imprisonment or punishment. People were taken into custody, in accordance with the law to protect like to request the court to the court to review its reason.

Article seventh of the Republic of China People's residence, not according to the law but not intrusive or search.

Article eighth citizens of the Republic of China communication secret, not according to the law shall not be violated.

Ninth People Republic choose residence and occupation of the free, non legal not subject to limit.

Article tenth citizens of the Republic of China have the freedom of assembly and association, not according to the law are not subject to limit.

Article eleventh a speech work people republic and distribution of free, non legal not subject to limit.

Article twelfth citizens of the Republic of China have the freedom to worship Confucius and religious beliefs, not according to the law are not subject to limit.

Thirteenth Peoples Republic of property ownership shall not be violated, but the disposition of public law, the necessity of.

Fourteenth Peoples Republic of liberty, except otherwise provided for in this chapter, where no back to the constitutional principle, all admit.

Fifteenth citizens of the Republic of China in accordance with the law in court proceedings have the right.

Article sixteenth citizens of the Republic of China in accordance with the law the right to petition and complaint.

Article seventeenth citizens of the Republic of China in accordance with the law have the right to vote and to be elected.

Article eighteenth citizens of the Republic of China in accordance with the law to be engaged in public office rights.

Article nineteenth citizens of the Republic of China in accordance with law, the obligation of tax.

Article twentieth citizens of the Republic of China in accordance with the law of compulsory military service.

Article twenty-first citizens of the Republic of China in accordance with the law shall have the obligation to the elementary education.

The fifth chapter Kingdom

Article twenty-second of the Republic of China Guoquan, belonging to the state matters, exercise according to the provisions of this constitution. Belonging to the local matters, in accordance with the provisions of the Constitution and the exercise of autonomy of.

Article twenty-third the following matters and enforced by the national legislation

 

A foreign.

 

 

Two defense.

 

 

The nationality law.

 

 

Four criminal law, civil and commercial.

 

 

Five the prison system.

 

 

The six weights and measures.

 

 

Seven the monetary and the national bank.

 

 

Eight tariff, tax, stamp tax, alcohol and tobacco tax, consumption tax and other tax for the national tax rates should be draw.

 

 

Nine postal, Telegraph and aviation.

 

 

Ten of railway and highway.

 

 

Eleven state-owned property.

 

 

Twelve national debt.

 

 

Thirteen store and franchise.

 

 

The fourteen national civil and military officials and security Ambrose test, appointment, picket.

 

 

Fifteen other as provided by this constitution belongs to the state of matters.

 

 

 

Article twenty-fourth the following matters by the national legislation and enforcement or local execution

 

A farmer, mining and forest.

 

 

Two system.

 

 

Three bank and exchange system.

 

 

Four shipping and coastal fisheries.

 

 

Water conservancy and channel five two or more provinces.

 

 

Six business rules.

 

 

Seven public expropriation.

 

 

The eight national census and statistics.

 

 

Nine immigration and land reclamation.

 

 

Ten police system.

 

 

Eleven public health.

 

 

Twelve succor and people management.

 

 

Protection of ancient books, thirteen related to cultural antiquities and monuments.

 

 

 

Any of the items above, it does not conflict with the context of national law to make separate law stipulated in the first fourth tenth eleventh twelfth thirteenth sections in the national legislation before it not to exercise its legislative power.

Article twenty-fifth the following matters by provincial legislation and enforcement or the county executive of

 

A province of education, industry and traffic

 

 

Operating two province property disposition

 

 

In the city.

 

 

Four water conservancy engineering.

 

 

Five land tax deed tax and other tax.

 

 

Six provincial debt.

 

 

Seven provincial bank.

 

 

Eight police and security matters.

 

 

The nine charity and public welfare.

 

 

Ten subordinate autonomous.

 

 

Eleven other according to state law matters.

 

 

 

The aforesaid sections involving two or more provinces, division law do not have provisions, to jointly handle. The shortage of funds, the Council will, subsidies from the national treasury. Twenty-sixth in 'twenty-third, twenty-fourth, twenty-fifth marshaled outside, if there is no list items occurs, the nature of relationship between the state, the state of. The relationship between the provinces, belongs to the provinces. In case of dispute by the Supreme Court ruling.

Article twenty-seventh country to species provincial taxation and collection methods, in order to avoid the disadvantages of the following or due to maintain the necessary in the public interest, to legal restrictions.

 

A violation of the national income or trade.

 

 

Two double taxation.

 

 

Three for the use of public roads and other traffic facilities, fees imposed heavy or obstruct the traffic.

 

 

Four provinces and localities due to protect the product, for the importation of goods not interest tax.

 

 

Tax five provinces and local items by.

 

 

 

Twenty-eighth provincial law and national law contradict. The law and state law conflict of doubt, by the Supreme Court interpretation. The interpretation of the provisions in the province, autonomous laws conflict with national laws when applicable.

Twenty-ninth state budget is not enough or because of financial emergency action, the conference will, more provincial tax allowance, with progressive rate allocation of the burden.

Thirtieth lack the resources or in place very catastrophe, the meeting decided that subsidies from the national treasury.

Article thirty-first provinces with the dispute by the Senate of the award.

Thirty-second military organization, taking compulsory militia system based. In addition to the provisions of the military service law matters outside, usually not negative other military obligations. According to the national recruitment area compulsory militia called training stage. But standing army in limited to defense zone on the ground. Fees shall not be more than 1/4 National Armaments expenditures. But foreign wars to the limit. The allowance by the meeting of.

Article thirty-third shall not covenant about politics. Shall not have actions against him or other places of interest.

Article thirty-fourth shall not purchase the standing army, and may establish a military academy and ordnance factory.

Thirty-fifth province because it does not fulfill the duty system, the government warned not obedience to the state power, the compulsory. The disposal, the country will deny, should be suspended.

The thirty-sixth is to force the government to offenders in accordance with the preceding Article shall stop the.

Thirty-seventh constitution or constitutional change radically when the tissue is damaged, should jointly maintain the constitutional organization to restitution.

Article thirty-eighth of this chapter shall not set a province has established the county place shall apply.

The sixth chapter Congress

Article thirty-ninth the legislation in the Republic of China by the right of congress.

The fortieth Congress in a Senate house.

Article forty-first the Senate with the statutory most senior local councils and other constituencies elected organization.

The forty-second house to the proportion of each electoral district population elected members of organization.

Forty-third of the Senate and house of Representatives election prescribed by laws.

Article forty-fourth whoever shall at the same time as the Senate and house of representatives.

The forty-fifth House members shall not concurrently hold the position of civil and military officials.

Qualification forty-sixth House members of each house may self examination.

The forty-seventh senators serve six years every two years to elect 1/3.

The forty-eighth house of representatives for a term of three years.

Job forty-ninth forty-seventh, forty-eighth members, should be followed by election, in accordance with the law before the meeting of the termination of the day.

Fiftieth each house speaker, a deputy speaker of a man, by the Senate and house of representatives elected.

The fifty-first Congress adjourned meeting to rally. But the temporary in any of the following circumstances of

 

A Senate and house of representatives each have three points more than one joint.

 

 

The two president of the die set.

 

 

 

The fifty-second Congress usually in August 1st each year the meeting.

The fifty-third Congress will be for a period of four months, may be prolonged. But not out of the ordinary session.

The fifty-fourth meeting both houses of Congress adjourned. The first stop will he hospital and recess. The dissolution of the house of representatives when the Senate also adjourned.

The fifty-fifth Congress of the two individual line. The same bill may also proposed in the house.

Fifty-sixth houses each have more than half of the total number of non members to attend the meeting shall not open discussion.

The fifty-seventh congress members to attend the consent of a majority decision, whether the same number depends on the speaker.

The fifty-eighth congress Congress agreed to become the.

The fifty-ninth houses of the public. But according to government requests or Institute on secret.

Sixtieth house that Vice President president has conspiracy behavior, to three of the total number of members to attend more than two points, three points more than two members agreed to attend the impeachment.

Article sixty-first the state admit wrongdoing, to attend the three agreed to more than two of impeachment.

The sixty-second house of representatives for the state to decide not to trust.

The vice president of sixty-third Senate impeachment trial of the president and Secretary of state. The trial to agree to attend the three non member more than two, no judgment of guilty or illegal. Vice president President guilty verdict, should be to the job. The punishment of crime by the Supreme Court of. Ruling state illegal, should be to their job and won the public. As more crime, pay the court trial.

The sixty-fourth houses for the official law or dereliction of duty on the request of the government and.

The sixty-fifth houses each proposal to the government.

Sixty-sixth each house to accept the national petition.

The sixty-seventh House members have questioned the book on the state or to request it to school questioned.

The sixty-eighth House members and speech to the hospital and voting is not responsible for out of hospital.

Sixty-ninth members of both houses in the period except the prisoners to the school license shall not be arrested or surveillance. Members of both houses of the current criminal was arrested, the government should be reported to the school grounds. But the hospital to hospital on requirements on term interim stop action, will be arrested and return to the Academy members.

Seventieth members of both houses of the old fee and other fees prescribed by laws.

 The seventh chapter president

Article seventy-first the administrative power in the Republic of China by the president of the state in the course of the.

Seventy-second Republic of China people fully enjoy the rights. At least forty years of age, and country of residence for ten years or more who have been elected president (from seventy-second to Seventy-eighth in two years the Republic of China announced in October 4th).

Seventy-third president by members of congress organizing presidential election election. The election to election three points more than two the total number of people attend, with secret ballot line. The full number of voters elected four points three. But no one was elected at the two vote, second votes short of the two more. To have a number of voters who elected half.

Seventy-fourth presidential term of five years, and was elected as a. President office three months ago, members of Congress to rally organized presidential election, the election for president.

The seventy-fifth major presidential inauguration to be as the following oath

I swear with sincerity, abide by the constitution, the president of the executive office. Pledge.

 

 

 

Seventy-sixth president becomes vacant, the vice president succeeds to the president of the expiration. The president is unable to carry out their duties, the vice president agent. The vice president also absence, by the action of their duties. At the same time, members of Congress in the three months to rally organized presidential election, the election for president.

Seventy-seventh president should be in full day. As if time has not yet chosen or elected president after the inauguration of a president has not been, nor agent, by the action of their duties.

Election of Seventy-eighth vice president election and in accordance with the provisions of the president at the same time line. But the vice president becomes vacant, should be a by election.

Article seventy-ninth the president announced the law and supervision to ensure the implementation of.

Eightieth president to enforce the law or in accordance with the laws of the appointment, have issued orders.

The eighty-first president of the appointment and removal of civil and military officials. But the Constitution and the law has special provisions, the provisions of.

Eighty-second president for the Continental Grand Marshal of the Navy, army and navy commander in chief. The army and Navy compilation prescribed by laws.

Article eighty-third the president for foreign to the Republic of China representative.

Eighty-fourth president by Congress agreed to declare war. But the defense foreign attack, the war is asking Congress to ratify.

Eighty-fifth President treaty. But peace and legislative matters treaties, no force without the consent of congress.

Eighty-sixth president had declared martial law in accordance with law. But Congress deems necessary without martial law when, should be declared martial law.

Eighty-seventh president with the consent of the Supreme Court, was declared the pardon commutation and rehabilitation. But for the impeachment decision, non consent by the Senate, not for the restoration of the right announcement.

Eighty-eighth president have to stop meeting the house or in the Senate, but each session will stop shall not be more than two times, each time period shall not be more than ten days.

Eighty-ninth president in the state by the resolution not to trust, non free state office, the dissolution of the house of representatives. But the dissolution of the house of Representatives shall be subject to the consent of the senate. The original state in the same session or shall not be second times the dissolution. The president to dissolve the house of Representatives, shall even for elections in five months to meet regularly.

The ninetieth president of treason, non fired, not subject to criminal prosecution.

The ninety-first year old president vice president Feng prescribed by laws.

The eighth chapter of the State Council

Article ninety-second the State Council to the state organization.

Article ninety-third the prime minister and the Minister for state member.

Ninety-fourth appointed prime minister by the house of representatives must consent. The prime minister in Parliament during the periods of time, for the appointed acting president. But as the prime minister should be seven days after the time period the Congress is in session, the house of Representatives agreed.

Article ninety-fifth the state course president is responsible for the house of representatives. The President issued document command and other relationship state, without a state of no force. But the appointment and removal of the prime minister does not apply.

Article ninety-sixth the state in both houses to attend and speak. But as the government proposal to the deputy commissioner.

 The ninth chapter court

Article ninety-seventh of the Republic of China by the court of justice the right line.

The preparation and the qualification of the ninety-eighth court prescribed by laws. The Supreme Court appointment must be approved by the Senate approval.

Ninety-ninth court in accordance with the law to accept the administrative and all other civil and criminal litigation. But the Constitution and the law has special provisions, the limit.

Article 100th the open court trial. But think about prejudice public security or weathering, so secret.

Article 101st the judge's independent trial whoever shall not interfere in the.

102nd judges in office, unless the law shall not be suspended or reduced salary job. The judge in the criminal law, non declaration or disciplinary action, shall not be removed. But the court system and the judges decided on total qualification, the limit. The judge disciplinary action prescribed by laws.

Tenth chapter the law

103rd both houses of Congress and government each legal case. But the house rejected, in the same session may not present.

The 104th law Congress agreed case, President shall be published within fifteen days after the delivery.

The 105th law Congress agreed case, President, if any, was published during the period stated reason, ask the Congress to review. If both houses still hold back on, shall be published. Without legal request reconsideration case, more than announced period shall become law. But the announcement expires in Parliament or the dissolution of the house of representatives of the latter, the limit.

106th legal non by law shall not change or cancel the.

Resolution 107th Congress agreed to review the case, applicable law case.

108th laws are in conflict with the constitution is invalid.

 The eleventh chapter accounting

109th new classes of tax and change rate prescribed by laws.

Article 110th to raise debt and increase the burden of Treasury concluded contract, must be approved by the Congress agreed.

111st finance all directly related to the national burden case, the first on the right.

112nd state expenditures annually by the government revenue, a budget. On the fifteen day after Neixianti session of Congress for the house. The Senate for the budget through the amendment or rejected, agree to the house of representatives. If not agreed, the original resolution becomes a budget.

Article 113rd the government for special career, in a predetermined time budget to fee.

114th government for budget shortfalls or not in the budget, budget within the reserve funds. Expenditure reserve shall be to the house session request ratification.

Article 115th the following expenditures, non government approved, Congress may not be abolished or cut

 

A law belong to the state obligations.

 

 

The two needed for performing the treaty.

 

 

The provisions of the three laws are necessary.

 

 

Four continue fee.

 

 

 

The 116th Congress over the budget for annual expenditures shall not be increased.

117th accounting year budget is not established, monthly government pursuant to the preceding 1/12 annual budget implementation.

118th foreign defense war or civil strife is disaster relief effect, time emergency cannot die set to Congress, government fiscal emergency action. But seven days after the time period shall be in the session of Congress, house of Representatives ratification request.

Article 119th country annual expenditures of the payment order is subject to the approval of the audit institute.

The final 120th national appropriation of revenue annually by the audit court case, approved by government, report to the congress. The house of representatives for the final case or ratification case denied, the state should bear the responsibility.

Qualification the organization 121st auditor and auditor, shall be prescribed by law. The auditor tenure, not according to the law shall not reduce the salary suspended or transfer. The auditor's disciplinary action prescribed by laws.

122nd audit institute by the Senate election. The court of audit on the final report, in the house to attend and speak.

The 123rd budget to parliament agreed and ratification, the president should announce to the after service of.

The twelfth chapter local system

The 124th local into county level two.

Article 125th in accordance with the constitution of the fifth chapter province twenty-second regulation, have made definite province autonomy law. They do not contravene the Constitution and the laws of the state.

126th autonomous province was selected by parliament, Parliament and the legal occupation groups of Representatives province autonomous law conference made. The representative except by the county councils elected one, by the provincial parliament elected by parliament elected shall not be more than half of the total representative. The selected by the legal occupation groups are the same. But delegates selected by parliament parliament County, not limited to the members of the parliament, the electoral law by the law of.

Article 127th the following provisions shall apply to the provinces.

 

A provincial parliament as a single system of representative organs of its members in accordance with the method of election elected directly.

 

 

Two Province set up provincial council, the implementation of provincial autonomous administration. Province civilian elected directly by province clerk five to nine organizations, a term of four years. Unable to directly before the election, it shall apply to the election will be elected under the preceding article organization. But the serviceman non fired after one year shall not be selected.

 

 

The three provincial council with a president elected by the province, the clerk.

 

 

Four, the province for more than a year of the Republic of China to the people, of the law equally. To fully enjoy the rights of citizens.

 

 

 

Article 128th the following provisions shall apply: counties

 

A county County Council on matters within the Autonomous County legislative.

 

 

Two county set up county by County elected directly. The course according to the County Council, county, autonomous administrative execution. But that has not been previously independent judiciary and subordinate autonomous has not yet completed not applicable.

 

 

Three county in province tax burden within the total reserve the right, but not more than 4/10 of the total.

 

 

Four county property and autonomous funds, the provincial government shall not dispose of the.

 

 

Five by natural calamities or Autonomous County, the shortage of funds, may request the province by the provincial parliament through the Department, provincial library assistance.

 

 

Six counties have the obligation to pursue the decrees of the state and province.

 

 

 

The division of the tax and the county 129th provincial tax by the provincial council will.

130th shall not for a county or several counties implementing special law. But a common interest that this restriction shall not apply to.

131st autonomy county have full executive power. In addition to the provincial law punishment is particularly, shall not interfere in the province.

National administration within 132nd province and county, in addition to the national division official executive, was appointed province county autonomous administrative authority to execute.

133rd province county autonomous executive administration is in violation of laws, the state in accordance with the laws of retribution.

Article 134th no province has established the county local applicable provisions in this chapter.

135th inside and outside of Mongolia Tibet Qinghai, because local people will have divided the province county two, apply the provisions of this chapter. But not before the province county, its administrative system prescribed by laws.

 The thirteenth chapter correct interpretation and validity of constitution

136th Congress to amend the constitution of discussion. The hair on both houses have to attend three non member agreed to more than two, shall not be set up. Members of both houses have a total non members each in this hospital from four points above, shall be proposed to amend the constitution.

137th constitutional amendments by the constitutional conference.

138th state system shall not be modified issues.

The 139th constitution there is doubt, by the constitutional conference interpretation.

140th Constitutional Convention by members of Congress organization. The conference of non total staff three points at two above shall not open discussion, non attendance clerk four points more than three agreed to be resolved. But the interpretation of doubt, to attend the three points the consent of more than two of will.

141st constitution not according to the amendment procedure stipulated in this chapter either by what incident will never lose its effect.