The constitution of the Republic of China

(2012-03-07 00:52:17)

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Jiang Zhongzheng presided over the formulated and promulgated the "five power constitution" ideal of Sun Zhongshan on the basis of the "constitution of the Republic of China" on 1948, the president of Peking University Hu Shicheng this constitution is "than America constitution also democratic constitution".

Only the five power constitution of four civil rights, can save Chinese.

Can you explain the specific content

The national revolution direction of Sun Yat Sen, has always been to the national revolution as called for, to the civil rights revolution for the purpose, to the people's livelihood revolution is ending. So we can see, in our hearts, civil rights, democracy and the people is so important. The civil rights revolution, democracy in Europe and the United States has experienced a century of Dr. Sun Yat Sen, after the study, found that why democracy and the restoration of the contest would be so cruel and repeatedly, is the old forces strong, ochlocracy hazards and elite politics is narrow, so the father, put forward three countermeasures:

1, for the old power restoration, Sun Yat Sen thinks that only by the military, political tutelage, constitutionalism, civil rights was only able to guarantee. The political tutelage, is the success of the revolution of the national government as democracy nanny, teachers and the guard, the implementation of local elections and Autonomous County, in six years, when the abolition of the party state system, the dissolution of the national government, the official national elections, the people.

2, the source of mob politics is square, movement and the general two word distortion, so the Father except accept the Western separation of the three powers of government structure, and to test and monitor the two rights, which the state officials must pass the examination for posts, and supervisory and representative government. The provincial [right] and knowledge class interests, oversees the country officials and judicial examination two, the operation of the right.

3, however, the fundamental power of the country still belongs to all the people, this is the maximum deviation of elite politics. The father then advocated the election, recall, initiative, referendum of the four civil rights, national elected national assembly election and recall performance, mainly for all levels of government. [right] leaders (president to mayor), while the initiative and referendum is mainly based on the Constitution and other basic law (province, county development and basic method) correction.

Then, through the above three measures, the father thought, democratic politics. [right] the establishment, development, growth and maturity in order to achieve security, only through the above three measures, Chinese to truly become the people by the people for the people democratic republic.

 

 

And the history of the constitution of the Republic of China in 1947 full text

History of the constitution of the Republic of China

In the first year to year 1912

The Qing Dynasty, political corruption, the revolutionary movement be raging like a storm, the Qing government in order to ease the development of revolutionary situation, then the implementation of constitutional politics of the proposal, but the outline of the constitution that, in essence, is stressing the sovereign power.

Until the Republic of China was born, the father Mr. Sun Zhongshan became interim president, it has announced the provisional constitution of the Republic of china. In seventeen years of autumn, the national revolutionary army of national unity. The central government that the military obstacle has been removed, so according to Mr. Sun Zhongshan personally for the program, the program is divided into military, political tutelage, the constitutional government in three phases. Gradually the people exercise election, recall training, initiative, referendum four kinds of rights, in order to lay the foundation for the Democratic constitutionalism.

The twenty-one years of the Republic of China, the constitution drafting committee composed of the legislative constitution, and to the Republic of China in May 5th twenty-five officially announced the draft constitution of the Republic of China, is also the most people call the "five five down". Ready in twenty-six years in November 12th, convened the national assembly, the constitution, but the Lugou Bridge incident, some provinces already in the hands of the Japanese, the constitution had to postpone the implementation date.

After the victory of Anti Japanese War, and finally in thirty-five years in November 15th, the government held a National Congress in Nanjing, and in December 25th by the constitution of the Republic of China, in thirty-six years (1947 AD) December 25th.

The constitution of the Republic of China

·  First chapter General programme1 6
·  The second chapter The people's rights and obligations7 24
·  The third chapter The National Assembly25 34
·  The fourth chapter President35 52
· The fifth chapter Administration53 61
· The sixth chapter Legislation62 76
· The seventh chapter Judicial77 82
· The eighth chapter Examination83 89
·  The ninth chapter Monitoring of 90 - 106
·  The tenth chapter The central and local authority107 111
·  The eleventh chapter Local system112 128
·  The twelfth chapter Election and recall initiative referendum129 136
·  The thirteenth chapterThe basic national policy137 169
·  The fourteenth chapter The constitution of application and modification of 170 - 175

The constitution of the Republic of China (the 1947 set)

National Assembly of the Republic of China by the national trust, based on the creation of Mr. Sun Zhongshan's in the Republic of China, in order to consolidate Guo Quan, protect civil rights, establish social peace, promote the welfare of the people, and establish this constitution, enacted the salty, swear at.

First chapterThe totalGang

ArticleAArticle  The Republic of China based on the three principles of the people, for the people, by the people, the Democratic republic.

ArticleTwoArticle  The Republic of China belongs to the national sovereignty.

ArticleThreeArticle  Have the nationality of the Republic of China, as a national of the Republic of china.

ArticleFourArticle  The territory of the Republic of China according to its existing national boundaries, except by resolution of the national assembly, shall not be altered.

ArticleFiveArticle  All ethnic groups in the Republic of China are equal.

ArticleSixArticle  The Republic of China national flag is red, the upper left corner fine day.

The second chapterThe people's rights and obligations

ArticleSevenArticle  All citizens of the Republic of China, irrespective of sex, religion, race, class, political parties, shall be equal before the law.

ArticleEightArticle  Freedom shall be guaranteed to the people body, in case of flagrante delicto arrest by the law on the other, the procedure prescribed by the judicial police agency or non according to law, no person shall be arrested or detained. Not by the court in accordance with legal procedures, shall not be questioned punishment. Penalties for non legal procedure, detention, arrest, interrogation, to reject.

The suspect is arrested or detained, the arrest or detention authority should be arrested or detained reason, to inform himself and his designated relatives; and shall, within twenty-four hours to the competent court for trial, himself or others, also may apply to the court for trial organ pipe, twenty-four hours after arrest. The court in the preceding paragraph shall not refuse sound please, and shall not be arrested or detained by the investigation organ. The authorities detained for court arraignment, and shall not refuse or delay. People illegally arrested or detained by any organ, its oneself or others should request the court to investigate, the court shall not refuse. And should be in within twenty-four hours of the arrest or detention authority for investigation, in accordance with the law.

ArticleNineArticle  People except for an active serviceman, free of military trial.

ArticleTenArticle  The people are free to live and migration.

Article eleventh  Free people are speech, lecture, writing and publication.

Article twelfth  People have the freedom of secret communication.

Article thirteenth  People have the freedom of religious belief.

Article fourteenth  People have the freedom of assembly and association.

Article fifteenth  The right to life, the people's right to work and the right of property shall be guaranteed.

Article sixteenth  People have a petition, administrative appeals and litigation rights.

Article seventeenth  People have the election, recall, initiative, referendum and power.

Article eighteenth  People shall have the right, public examination.

Article nineteenth  People are in accordance with the obligation of tax.

Article twentieth  People have the obligation of law, military service.

Article twenty-first  People have the rights and obligations of national education.

Article twenty-second  All the other people's freedom and rights, does not harm the social order and public interests, be guaranteed under the constitution.

Article twenty-third  The right to freedom of each listed above, in addition to prevent the intruding upon the liberty of others, to avert an imminent crisis, maintaining social order, or to promote the public interest is necessary, not by legal restrictions.

Article twenty-fourth  Where a civil servant law infringes people's freedom and rights, except in accordance with the law penalized ring, shall be subject to criminal and civil liability. The victim's damage, by law, to the state for compensation.

The third chapterThe National Assembly

Article twenty-fifth  The national assembly in accordance with the provisions of the constitution, representative of national political power exercise [].

Article twenty-sixth  The national assembly to the following representatives:

     One, each county and the same area of each elect one representative. But with a population of more than five hundred thousand people, an increase of five hundred thousand per person elect one representative. In the same region prescribed by laws.

     Two, Mongolia elected representatives, each league four, one for each special banner.

     Three, Tibet elected representatives, the quota prescribed by laws.

     Four, the people elected representatives in the border area, the number of prescribed by laws.

     Five, Chinese citizens residing abroad to elect a representative, the quota prescribed by laws.

     Six, occupation group elected representatives, the quota prescribed by laws.

     Seven, women's groups elected representatives, the quota prescribed by laws.

Article twenty-seventh  The National Assembly shall be as follows:

     A, the election of president, vice president.

     Two, deposed president, vice president.

     Three, the revision of the constitution.

     Four, the referendum constitution court amendment. On the initiative, referendum two rights, in addition to the provisions of the preceding paragraph four two and third, as soon as the one half of the counties and cities was the exercise of initiative, referendum two [political]. Right, the National Assembly shall make way parallel to.

Article twenty-eighth  A representative of the National Assembly election every six years. Each term of the delegates to the national assembly, far to the next National Congress meeting date. The officials may not be in the electoral area any place, was elected to the national congress.

Article twenty-ninth  The national assembly in every presidential term expires ninety days before the meeting, convened by the president.

Article thirtieth  The national assembly in any one of the following circumstances, a temporary meeting will:

     One, in accordance with the provisions of the constitution article forty-ninth shall be the by election, President, vice president.

     Two, by resolution of the control yuan, the impeachment of president, vice president for.

     Three, according to the resolution of the Legislative Yuan, the constitution amendment.

     Four, the National Assembly representing more than 2/5 request to convene the meeting. The National Assembly temporary as referred to in the preceding paragraph 1 or second paragraph shall be convened by the president of the Legislative Yuan, notice of meeting. According to paragraph third or paragraph fourth shall be convened by the president convened.

Article thirty-first  The National Assembly meeting place on the seat of the central government.

Article thirty-second  Comments and voting delegates to the national assembly for the meeting, the meeting is not responsible.

Article thirty-third  Delegates to the national assembly in flagrante delicto, in the period of non licensed by the national assembly, be arrested or detained.

Article thirty-fourth  The organization of the national assembly, the delegates to the National Assembly election, recall, exercise their functions and powers and procedures of the national assembly, shall be prescribed by law.

 

The fourth chapterThe totalSystem

 

Article thirty-fifth  The president is head of state, the foreign representative of the Republic of china.

Article thirty-sixth  The president of the national armed forces.

Article thirty-seventh  The president announced the law according to law, decree, subject to a president of the Executive Yuan, deputy dean or administrative institutes and relevant department heads.

Article thirty-eighth  The president in accordance with the provisions of this constitution, treaties and the exercise of the right of war and peace.

Article thirty-ninth  The president to declare martial law, subject to ratification by the court or stand, when the Legislative Yuan deems it necessary, it may by resolution please president martial law.

Article fortieth  The President exercised amnesty, amnesty, commutation and rehabilitation to the right.

Article forty-first  The President shall appoint and remove civil and military officials.

Article forty-second  The President shall confer honors.

Article forty-third  In case of a natural disaster, epidemic disease, or national financial and economic crisis, should be rapid action, the president during the recess of the Legislative Yuan, the resolution of the Executive Yuan Council, according to the emergency command issued an emergency order, as the necessary dispositions. But to be ordered within one month, submit legislative ratification, such as the legislature does not agree, the emergency command immediately failure.

Article forty-fourth  The president for the dispute between the hospital and the hospital, in addition to the constitution has stipulated, have called the Dean consultation solution.

Article forty-fifth  Citizens of the Republic of China over forty years of age, may be elected president, vice president.

Article forty-sixth  The election of president, vice president, shall be prescribed by law.

Article forty-seventh  The term president, vice president for six years, may be re elected once.

Article forty-eighth  The President shall in the inaugural oath sworn, as follows: "I pledge to the people of the whole country to good faith, more than Bizun, observe the constitution, loyalty duty, improve the welfare of the people, to defend the country, no negative national delegation, such as breach of oath, may by the national Yan Lizhi sanctions, pledge. "

Article forty-ninth  The president is vacant, the vice president succeeds to the presidency, expires. The president, vice president is vacant, the Executive Yuan shall act for the president the authority, in accordance with the provisions of the Constitution and article thirtieth, the National Assembly will convene interim president, vice president, whose term of office by election, to complement the former president under the term. The president is unable to assume office, the Vice President shall act for the president. Vice president, all can no longer serve, the Executive Yuan shall act for the president authority.

Article fiftieth  The president in office day. As if time has not yet chosen or elected president, vice president, after the president was not his inauguration, the president of the Executive Yuan shall act for the president.

Article fifty-first  President of the Executive Yuan shall act for the president, the time limit shall be not more than three months.

Article fifty-second  In addition to make the president of rebellion or invasion crime, without the removal or dismissal, not subject to criminal prosecution.

 

The fifth chapterThat's okZheng

 

Article fifty-third  The Executive Yuan is the highest administrative organ of the state.

Article fifty-fourth  Vice president of the Executive Yuan shall have a president, one each, heads of ministries of some people, and whether the government will be in charge of.

Article fifty-fifth  President of the Executive Yuan is nominated by the president, with the consent of the Legislative Yuan appointed. During the recess of the Legislative Yuan, President of the Executive Yuan to resign or periods of time, by the vice president executive agent of its position, but the President shall within forty days. Please call session of the legislature, for the president of the Executive Yuan, consent. Post of president of the Executive Yuan, the president proposed candidate for president of the Executive Yuan without the consent of the Legislative Yuan, vice president of executive yuan by the provisional agency.

Article fifty-sixth  Vice president, executive heads of ministries and regardless of the Department of government committee, the president of the Executive Yuan to the president appointed.

Article fifty-seventh  The Executive Yuan in accordance with the following provisions, be responsible to the legislative yuan:

     One, the Executive Yuan proposed the policy and the policy address to the legislature responsibility, lawmakers at the meeting, the dean to the Executive Yuan and the executive heads of ministries of inquiry right.

     Two, the legislature is not in favor of the important policy of the Executive Yuan, the Executive Yuan by resolution, please change. The Executive Yuan for the resolution of the Legislative Yuan, the president's nuclear, empathic legislative review. Administrative reconsideration, as the members present three 2-D holding the original resolution, President of the Executive Yuan shall accept the resolution or resignation.

     Three, the Executive Yuan against court decisions, budget law case, treaty case, if considered burdensome, the president approved, in the resolution to the Executive Yuan for ten days, request the Legislative Yuan reconsideration shift. Administrative reconsideration, as the 2/3 uphold the original members present at the meeting, President of the Executive Yuan shall accept the resolution or resignation.

Article fifty-eighth  Administrative institute set up Administrative Council, councillor by administrative organization Institute president, vice president, heads of ministries and the Ministry of matter, the president as chairman. President of the Executive Yuan, heads of ministries, shall be presented by the Legislative Yuan, the budget law, martial law case, war, peace, Amnesty case case or treaties, and other important matters, matters or involving the Department will jointly relationship proposed in the executive meeting, through the.

Article fifty-ninth  The Executive Yuan began in fiscal year three months ago, the second half of the year the budget for the legislature.

Article sixtieth  The Executive Yuan at the end of the accounting year within four months after the final accounts, should be put forward to the control yuan.

Article sixty-first  Organization of executive yuan, shall be prescribed by law.

 

The sixth chapterLiMethod

 

Article sixty-second  The legislature is the highest legislative organ of the state, from the legislative organization's election, on behalf of the people exercise legislative power.

Article sixty-third  A legal case, through the budget, martial law case, war, peace, Amnesty case case or treaties, and other important matters of state legislative power.

Article sixty-fourth  The members of the Legislative Yuan shall be elected according to the following:

     Choose from various provinces, municipalities directly under the central government, who. Its population in three million the following five; its population is over three million, one million people for each full co opted by one person.

     Select two, Mongolia the union flag.

     Three, Tibet elected persons.

     Four, elected by various racial groups in frontier regions.

     Five, Chinese citizens residing abroad. Those to be elected.

     Six, occupation groups. Those to be elected. Distribution of legislative elections and the preceding paragraph second to paragraph sixth of the quota of legislators, shall be prescribed by law. Women in the first paragraphs of quota, shall be prescribed by law.

Article sixty-fifth  The term legislator for three years, may be re elected, the election prior to the expiration of each term completed within three months.

Article sixty-sixth  The Legislative Yuan shall have a president, vice president of the people, by the legislators elected.

Article sixty-seventh  Set up various kinds of committees legislature. Various committees may invite government officials and social relations personnel to reference.

Article sixty-eighth  Legislative Yuan session two times a year, self assembly. The first time since February to the end of May, second times since September to the end of twelve, when necessary, may be prolonged.

Article sixty-ninth  The legislature in any of the following circumstances, a temporary meeting:

     A, request of the president of the republic.

     Two, legislators request of more than 1/4 of.

Article seventieth  The legislature for the proposed budget executive case, not to increase the expenditure of the proposal.

Article seventy-first  Legislative meeting, the relationship between hospital president and the ministers to attend the statement.

Article seventy-second  The legislature passed law case, transferred to the president and the Executive Yuan, the President shall within ten days after receiving the announced, but the president was in accordance with the provisions in article fifty-seventh of the constitution.

Article seventy-third  Comments and votes for the legislators in the hospital, the hospital is not responsible.

Article seventy-fourth  Legislators except flagrante delicto, without the permission of the Legislative Yuan, be arrested or detained.

Article seventy-fifth  Legislator shall not concurrently serve as officials.

Article seventy-sixth  The legislative organization, shall be prescribed by law.

 

The seventh chapterCompanyMethod

 

Article seventy-seventh  The Judicial Yuan shall be the highest judicial organ of the state, the trial shall be in charge of civil, criminal, administrative litigation, and the punishment of public servant.

Article Seventy-eighth  Judicial interpretation of the constitution, and unify the interpretation of laws and orders right.

Article seventy-ninth  Vice president of the Judicial Yuan shall have a president, one each, nominated by the president, with the consent of the control yuan appointed. The Judicial Yuan with a certain provisions of the constitution, matters shall be in charge of Seventy-eighth, nominated by the president, with the consent of the control yuan appointed.

Article eightieth  Judges shall be above partisanship, according to the law, judicial independence, free from any interference.

Article eighty-first  The judge for tenure, non criminal or disciplinary action or interdiction announcement, shall be removed from office, not according to the law, shall not be suspended, transferred or salary reduced.

Article eighty-second  The organization and the court of the Judicial Yuan, shall be prescribed by law.

 

The eighth chapterTestTest

 

Article eighty-third  The examination yuan is the highest national examination authority, shall be in charge of examination, appointment civil service, performance appraisal, salary, level, promotion, support, praise, pension, retirement, pension and other matters.

Article eighty-fourth  The Examination Yuan shall have a president, vice president of the people, the exam several members, nominated by the president, with the consent of the control yuan appointed.

Article eighty-fifth  The selection of public functionaries, should carry out the system of open competitive examination, and shall be in accordance with the provinces are quotas, partition test, non through exams, may appoint.

Article eighty-sixth  The following qualification, shall be approved by the examination yuan in accordance with the law examination Ambrose determined:

     A, appointing qualified civil servants.

     Qualification two, occupation and specialized technical personnel.

Article eighty-seventh  The examination yuan on the palm matters, may introduce a bill to the legislative yuan.

Article eighty-eighth  The examination committee shall be above partisanship, exercising independent authority according to law.

Article eighty-ninth  The organization of the examination yuan, shall be prescribed by law.

 

The ninth chapterThe prisonCha

 

Article ninetieth  The control yuan shall be the highest supervisory organ of state, agreed to exercise, impeachment, censure, and the right to audit.

Article ninety-first  The control yuan shall be composed of members who, by provincial and municipal councils, Mongolia Tibet Council and the overseas Chinese community election. The quota allocated in accordance with the following provisions:

     A five, each province.

     Two people, each of two municipalities directly under the central government.

     Three, Mongolia a total of eight leagues and banners.

     Four, Tibet eight.

     Five, Chinese citizens residing abroad eight people.

Article ninety-second  Vice president of the control yuan shall have a president, one each, the Committee elected by the.

Article ninety-third  The term member of the supervisory committee for six years, may be re elected.

Article ninety-fourth  The institute according to the constitution agreed to exercise the right, by a majority of the members present at the meeting by the.

Article ninety-fifth  The Institute for the exercise of supervision power, have access to command the release and all other relevant documents to the Executive Yuan and its various ministries.

Article ninety-sixth  The work of the Executive Yuan and its various ministries of supervision department, set up several committees, the investigation of all facilities, pay attention to whether the violations of law or dereliction of duty.

Article ninety-seventh  Supervisory review by the Committee and the resolution, proposed amendment, transferred to the Executive Yuan and its relevant department, promote its attention to improving. The Institute for central and local civil servants, think there is dereliction of duty or violation of law, to propose corrective case or impeachment, such as criminal, should be transferred to the court for.

Article ninety-eighth  The Institute for the impeachment of the central and local civil servants, shall be subject to the supervision of one of the members suggested above, review of more than nine people and decided, was proposed.

Article ninety-ninth  The Institute for justice department or the examination staff dereliction of duty or illegal impeachment, the applicability of this article ninety-fifth, article ninety-seventh and the provisions of article ninety-eight.

Article 100th  The Institute for the impeachment of president, vice president of the case, shall have all the monitors more than 1/4 proposal, the Committee of over half of the review and resolution, submitted to the national assembly.

Article 101st  Comments and voting member of the supervisory committee for the hospital, to the hospital and irresponsible.

Article 102nd  Member of the supervisory committee except flagrante delicto, license without the control yuan, be arrested or detained.

Article 103rd  Member of the supervisory committee shall not concurrently hold the position of other public service or perform services.

Article 104th  The Institute set up the auditor general, nominated by the president, with the consent of the Legislative Yuan appointed.

Article 105th  The auditor should to the Executive Yuan proposed accounts within three months after the completion of the audit, in accordance with the law, and put forward the audit report to the legislative yuan.

Article 106th  The organization of the control yuan shall be set forth by law.

 

The tenth chapterThe central and local authority

 

Article 107th  The following items, the central legislation and execution:

       A, diplomacy.

       Two, national defence and military.

       Law three, the nationality law and criminal, civil, commercial.

       Four, the judicial system.

       Five, aviation, highway, railway, shipping, state-owned postal and telecommunication services.

       Six, the central finance and taxation.

       Division seven, tax, tax and tax county.

       Eight, state economic enterprises.

       Nine, monetary and national bank.

       Ten, weights and measures.

       Eleven, international trade policy.

       Twelve, the financial and economic matters concerning foreign affairs.

       Thirteen, in accordance with the Constitution and other matters relating to the central government.

Article 108th  The following matters, by the central legislation and enforcement, or by the provincial county execution:

       General Autonomous County, province.

       Two, administrative division.

       Three, forest, industrial and commercial.

       Four, education system.

       Five, banks and exchange system.

       Six, aviation industry and marine fisheries.

       Seven, public utilities.

       Eight, cooperation.

       Nine, two or more provinces transportation.

       Ten, two, or more provinces river water and agricultural undertakings.

       Eleven, the central and local government officials, the civil service appointment, picket and security.

       Twelve, the law of the land.

       Thirteen, labor law and other social legislation.

       Fourteen, public expropriation.

       Fifteen, the National Census and statistics.

       Sixteen, immigration and land reclamation.

       Seventeen, the police system.

       Eighteen, public health.

       Nineteen, relief, pensions and unemployment benefits.

       Twenty, about the culture of ancient books, antiquities and monuments preservation. Mentioned in the preceding paragraph are not in conflict with the laws of the state, province, to formulate specific policies.

Article 109th  The following items, the provincial legislation and enforcement, or handed over to the county executive:

       A, education, health, industrial and transportation.

       Two, management and disposal of property.

       Three, municipal.

       Four, the provincial public sector.

       Five, provincial cooperative enterprises.

       Six, agriculture and forestry, fishery and water conservancy engineering.

       Seven, provincial finance and tax.

       Eight, the provincial debt.

       Nine, provincial bank.

       The implementation of ten, provincial policing.

       Eleven, charity and public welfare.

       Twelve, in accordance with the national law of other matters. Mentioned in the preceding paragraph, involving two or more provinces, division law do not have provisions, may be undertaken jointly by the provinces concerned. The first term for services, the lack of funds, the legislature through, subsidies from the national treasury.

Article 110th  The following matters, by the county of legislation and administration:

       A, education, health, industrial and transportation.

       Management and disposal of two, county property.

       Three, the county public.

       Four, the county cooperative enterprise.

       Five, forestry, water conservancy, fishery and engineering.

       Six, the county finance and tax.

       Seven, the county's debts.

       Eight, county bank.

       Nine, the implementation of the county.

       Ten, charity and public welfare.

       Eleven, other matters in accordance with the national law and the provincial autonomy law.

       Mentioned in the preceding paragraph, involving two above the county level, division law do not have provisions, may be undertaken jointly by the relevant county.

Article 111st  In addition to the 107th, 108th, 109th and one hundred and ten of marshaled outside, if there is no list items occurs, the nature of the transaction consistent belong to the nature of the central, consistent belong to the province, has the properties of a county, belong to county. In case of dispute, solved by the legislative yuan.

 

 

The eleventh chapterLocal system

 

            The first sectionProvince

Article 112nd  So called Provincial People's Congress, in accordance with the general principles of province county autonomous province, formulate autonomy law, but not in conflict with the constitution. Organization of the provincial people's Congress and the election, shall be prescribed by law.

Article 113rd  Autonomous Province should contain the following items:

       A provincial council, province, province parliament elected by the people of the province.

       Two, the provincial government for the province, a provincial governor, governor elected by the people of the province.

       Three, provincial and county. The legislative power of the province shall, by the provincial assembly line.

Article 114th  The province autonomy law, shall receive the division court, the Judicial Yuan as deemed it unconstitutional, constitutional provisions should be declared invalid.

Article 115th  Implementation of provincial autonomy law, as a result of which a major obstacle, the court to convene the relevant aspects of our statement, the president of the Executive Yuan, President of the Legislative Yuan, President of the organization committee of the president of the Judicial Yuan, the examination and supervision of the dean of academy, the president of the Judicial Yuan as the president, proposed a scheme to solve.

Article 116th  Provincial regulations and state laws contradict.

Article 117th  Provincial regulations and state laws have no conflict when in doubt, by the Judicial Yuan interpretation.

Article 118th  Autonomous municipalities directly under the central government, shall be prescribed by law.

Article 119th  Mongolia Mengqi system of local autonomy, shall be prescribed by law.

Article 120th  Tibet autonomous system, should be guaranteed.

              The second sectionCounty

Article 121st  The county autonomy county.

Article 122nd  County County congress convened, in accordance with the general principles of province county Autonomous County, making law of autonomy, but must not conflict with the Constitution and the province autonomy law.

Article 123rd  People on the county autonomy in accordance with the law, exercise initiative, referendum and power. For Autonomous County and other county personnel, in accordance with the law, exercise the right to recall election.

Article 124th  County County County Council, member of Parliament for the county people's election. Belongs to the county legislative power, the county council.

Article 125th  County, rules and regulations and national laws or regulations contradict province.

Article 126th  County and county government, the county magistrate of the County elected one, the.

Article 127th  The county for the county autonomy, and the implementation of the central and provincial Party committee office.

Article 128th  City, county of quasi provisions.

 

The twelfth chapterElection, recall, initiative, referendum

 

Article 129th  All kinds of election of the provisions of this law, in addition to the Constitution do not have provisions, to ordinary, equal, direct and secret ballot trip.

Article 130th  Citizens of the Republic of China at least twenty years of age, according to law, the right of election, in addition to the Constitution and the law has other provisions, at least twenty-three years of age, have to be the right of election.

Article 131st  The constitution provided various kinds of election candidates, all public campaign.

Article 132nd  The election shall be strictly prohibited intimidation and bribery, the election procedure, court trial.

Article 133rd  The person to be elected by electoral district shall recall the.

Article 134th  All elections shall be stipulated that women elected quota, it shall be prescribed by law.

Article 135th  Outback life habits special national delegates and the election, it shall be prescribed by law.

Article 136th  Create, complex exercise will two rights, shall be prescribed by law.

 

The thirteenth chapterThe basic national policy

 

              The first sectionCountryAnti

Article 137th  The defense of the Republic of China, to defend the national security, the maintenance of world peace as the objective. The organization of national defense, shall be prescribed by law.

Article 138th  The national armed forces, to be super personal, regional and party affiliations, allegiance, cherish the people.

Article 139th  Any parties and individuals, not by armed force as an instrument of political struggle.

Article 140th  Active servicemen shall not concurrently hold the position of civil service.

              The second sectionOutsideHand in

Article 141st  Diplomacy in the Republic of China should be the stand on one's own spirit, principle, equality and reciprocity relations harmony, respect the treaty and the Charter of the United Nations, to protect citizens rights and interests, the promotion of international cooperation, promote the international justice, to ensure the world peace.

              The third sectionThe national economy

Article 142nd  The national economy, should be based on the principle of people's livelihood as the basic principle, the implementation of equalization of land ownership, control of capital, to the people's livelihood are foot mouguo.

Article 143rd  The territory of the Republic of China belongs to the land in the national land ownership, according to law, shall be governed by the laws of the protection and restrictions. Private land shall be paid the tax, the government and must pay. Affixed to the land mine economy, and available for public use of the natural resources, belong to the state, not because people have affected by land ownership. Land value for human capital and non with increasing, the State shall levy land value-added tax, to the people sharing. The state for land allocation and arrangement, should be to support farmers and make use of the land by themselves, and the provisions of the appropriate areas of operation.

Article 144th  Utilities and other monopolistic enterprises, to public principle, the permitted by law, by the national business.

Article 145th  Countries for private wealth and private business, think that the balanced development of beneficial to the people's livelihood, should take the legal limit. Cooperative enterprises shall receive encouragement and assistance of the state. National production enterprises and foreign trade, reward, shall be governed by the national guidance and protection.

Article 146th  The country should use science and technology to build water conservancy, promoting local, improving agricultural environment, land use planning, the development of agricultural resources, promote the industrialization of agriculture.

Article 147th  Central to make a balanced economic development between province and province, for the poor, shall give appropriate aid. As for the balance of economic development county and county, in barren County, shall give appropriate aid.

Article 148th  The territory of the Republic of China, all the free circulation of goods promise.

Article 149th  Financial institutions, should be subject to state management according to law.

Article 150th  The country should be set up financial institutions for the common people, to the relief of unemployment.

Article 151st  For Chinese citizens residing abroad, should support and protect its
                 The development of economic enterprises.

              The fourth sectionSocial security

Article 152nd  People with the ability to work, the State shall give appropriate job opportunity.

Article 153rd  The state for the improvement of labor and peasant life, improve their production skills, should be developed to protect the legal workers and farmers, the implementation of protection policies of labour and farmers. Women, children engaged in labor, should according to their age and physical condition, give special protection.

Article 154th  Both sides should be the principles of harmony and cooperation, the development of production enterprise. The mediation and arbitration of labor disputes, shall be prescribed by law.

Article 155th  Countries in order to promote social welfare, social insurance system should be implemented, the sick and disabled people, to life, and by the very disaster, the State shall give appropriate assistance and relief.

Article 156th  The country lay the foundation for national survival and development, should protect the maternal and child welfare policy, the implementation of women.

Article 157th  Countries in order to improve national health, should be widely implemented in health care and medical system.

              The fifth sectionEducation and culture

Article 158th  Education should be the development of national culture, national spirit, spirit of self-government, national morality, healthy body, science and life intelligence.

Article 159th  The national equal educational opportunities.

Article 160th  Six to twelve years old children, all under the basic education, are exempt from tuition fees, the poor, the government supply of books. Has more than the national school without basic education, be subject to supplementary education, exemption from tuition fees, the book is also supplied by the government.

Article 161st  Governments at all levels shall extensively establish scholarships to students, help student for all advantages and weakness of entrance.

Article 162nd  Department of education culture of national private law, be subject to state supervision.

Article 163rd  Countries should pay attention to the balanced development of education in different regions, and promote social education, in order to raise the cultural level of the citizens in general, remote and poor area of education funds, subsidies from the national treasury. Its important cultural and educational undertakings, the central management or subsidies.

Article 164th  Funding for education, science, culture in the central budget, shall not be less than the total of fifteen percent, in the province of not less than the total budget of twenty-five percent, in the city, county, shall not be less than the total budget of thirty-five percent, which set up according to law education funds and industry, should be to safeguard.

Article 165th  The state should protect the life education, science, art, and in accordance with the development of national economy, to improve their treatment.

Article 166th  The State shall encourage scientific discoveries and inventions, and protection of historical and cultural monuments, art and antiquities.

Article 167th  Countries to the following enterprises or individuals, to reward or compensation:

         One, the domestic private business education achievement is outstanding person.

         Two, overseas Chinese nationals education achievement is outstanding person.

         Three, in the academic or technical have inventors.

         Four, engaged in education and long in its duty and excellent achievements.

              The sixth sectionThe border area

Article 168th  The state for the status of ethnic border areas, should be legal protection, and to the local self-government, especially to support.

Article 169th  The state for education, the national border area culture, traffic, water conservancy, public health and other economic, social undertakings, should actively organize, and assist the development of. For the land use shall be appropriate depending on the climate, soil properties and people's living habits, to security and development.

 

The fourteenth chapterThe implementation and revision of the Constitution

 

Article 170th  The law said that the constitution, by laws issued by the president of the Legislative Yuan.

Article 171st  Laws are in conflict with the constitution is invalid. The law and the constitution has no conflict when in doubt, by the Judicial Yuan interpretation.

Article 172nd  The command and the constitution or laws contradict.

Article 173rd  The interpretation of the constitution, the Judicial Yuan to.

Article 174th  The constitution amendment in accordance with one of the following procedures:

         A representative of the national assembly, composed of 1/5 of the 2/3 proposals, attendance, and attendance on behalf of 3/4 decision must be revised.

         Two, by the legislature of 1/4 of the members of the 3/4 legislative proposals, attendance, and attend the resolution of 3/4 of the members of the constitution, amendment, submitted to the national assembly referendum. This amendment to the constitution, should be in the first half of the national assembly before the meeting.

Article 175th  The constitutional matters, there is another implementation necessary procedures, shall be prescribed by law. The implementation of the preparation procedure of constitution, constitution agreed by the national assembly.