Adopted on: ۲۵ Dec ۱۹۴۶
Preamble
The National Constituent Assembly of the Republic of China٫ by virtue of the
mandate received from the whole body of citizens٫ in accordance with the
teachings bequeathed by Dr. Sun Yat-sen in founding the Republic China٫ and in
order to consolidate the authority of the State٫ safeguard the rights of the
people٫ ensure social tranquillity٫ and promote the welfare of the people٫ do
hereby adopt this Constitution to be promulgated throughout the land for
faithful and perpetual observance by one and all.
Chapter I General Provisions
Article ۱
The Republic of China٫ founded on the Three Principles of the People٫ shall be
a democratic republic of the People٫ by the people٫ and for the people.
Article ۲
The sovereignty of the Republic of China shall reside in the whole body of
citizens.
Article ۳
Persons with the nationality of the Republic of China shall be citizens of
the Republic of China.
Article ۴
The territory of the Republic of China within its existing national boundaries
shall not be altered except by a resolution of the National Assembly.
Article ۵
There shall be complete equality among the various ethnic groups in the
Republic of China.
Article ۶
The national flag of the Republic of China shall show a red fieId with a blue
sky and a white sun in the upper left corner.
Chapter II Rights and Duties of the People
Article ۷
All citizens of the Republic of China٫ irrespective of sex٫ religion٫ ethnic
origin٫ class٫ or party affiliation٫ shall be equal before the law.
Article ۸
(۱) Personal freedom shall be guaranteed to the people. In no case except
that of flagrante delicto٫ which shall be separately prescribed by law٫ shall
any person be arrested or detained other than by a judicial or police organ in
accordance with the procedure prescribed by law. No person shall be tried
or punished other than by a law court in accordance with the procedure
prescribed by law. Any arrest٫ detention٫ trial٫ or punishment not carried
out in accordance with the procedure prescribed by law may be resisted.
(۲) When a person is arrested or detained on suspicion of havinggg committed a
crime٫ the organ making the arrest or detention shall inform him in writing٫
and any relative or friend of his designated by him٫ of the grounds for his
arrest or detention٫ and shall turn him over٫ not later than twenty-four hours
after his arrest٫ to a competent court for trial. The said person٫ or any
other person٫ may petition the competent court to serve a writ on the organ
making the arrest to surrender within twenty-four hours the said person for
trial.
(۳) The court shall not reject the petition referred to in the preceding
paragraph٫ nor shall it first of all order the organ concerned to make an
investigation and submit a report thereon. The organ concerned shall not
refuse to comply٫ or delay in complying٫ with the writ of the court for the
surrender of the said person for trial.
(۴) When a person is unlawfully arrested or detained by any organ٫ he or any
other person may petition the court to make an investigation. The court
shall not reject such a petition and shall٫ within twenty-four hours٫
investigate the action taken by the organ concerned and deal with the matter in
accordance with law.
Article ۹
Except those in active military service٫ no person shall be liable to
court-martial.
Article ۱۰
The people shall have freedom of residence and of change of residence.
Article ۱۱
The people shall have freedom of speech٫ teaching٫ writing٫ and publication.
Article ۱۲
The people shall have freedom of privacy of correspondence.
Article ۱۳
The people shall have freedom of religious belief.
Article ۱۴
The people shall have freedom of assembly and of associatlon.
Article ۱۵
The right to live٫ the right to work٫ and the right to own property shall be
guaranteed to the people.
Article ۱۶
The people shall have the right to present petitions٫ lodge complaints٫ and
institute legal proceedings.
Article ۱۷
The people shall have the rights of election٫ recall٫ initiative٫ and
referendum.
Article ۱۸
The people shall have the right to take public examinations and hold public
offices.
Article ۱۹
The people shall have the duty to pay taxes in accordance with law.
Article ۲۰
The people shall have the duty to render military service in accordance with
law.
Article ۲۱
The people shall have the right and the duty٫ to receive elementary education.
Article ۲۲
All other freedoms and rights of the people that are not detrimental to social
order or public welfare shall be guaranteed under the Constitution.
Article ۲۳
All the freedoms and rights enumerated in the preceding articles shall not be
abridged by law except such as may be necessary to prevent infringement upon
the freedoms of others٫ to avert an imminent danger٫ to maintain social order٫
or to promote public welfare.
Article ۲۴
Any public employee who٫ in violation of law٫ infringes upon the freedom or
right of any person shall٫ in addition to being subject to disciplinary
punishment in accordance with law٫ be liable to criminal and civil
action. The victim may٫ in accordance with law٫ claim damages from the
State for any injury sustained therefrom.
Chapter III The National Assembly
Article ۲۵
The National Assembly shall٫ in accordance with the provisions of this
Constitution٫ exercise political rights on behalf of all the citizens of the
country.
Article ۲۶
The National Assembly shall be composed of the following Delegates:
۱. One Delegate shall be elected from each County٫ Municipality٫ or
area of equivalent status. In case the population of the electoral district
exceeds ۵۰۰٫۰۰۰٫ one additional Delegate shall be elected for each additional
۵۰۰٫۰۰۰. The election of Delegates representing areas equivalent in status
to the County or Municipality shall be prescribed by law.
۲. Delegates to represent Mongolia shall be elected on the basis of four
for each League and one for each Special Banner.
۳. The number of Delegates to be elected from Tibet shall be prescribed by
law.
۴. The number of Delegates to be elected by various ethnic groups in
frontier regions shall be prescribed by law.
۵. The number of Delegates to be elected by Chinese citizens residing
abroad shall be prescribed by law.
۶. The number of Delegates to be elected by occupational groups shall be
prescribed by law.
۷. The number of Delegates to be elected by women''s organizations shall
be prescribed by law.
Article ۲۷
(۱) The functions of the National Assembly shall be as follows:
۱. To elect the President and the Vice President.
۲. To recall the President and the Vice President.
۳. To amend the Constitution.
۴. To vote in the exercise of its right of referendum on proposed
constitutional amendments originating in the Legislative Yuan.
(۲) With respect to the rights of initiative and referendum٫ except as is
provided in Items ۳ and ۴ of the preceding paragraph٫ the National Assembly
shall adopt regulations pertaining thereto and put them into effect after one
half of the Counties and Municipalities of the country shall have exercised
their rights of initiative and referendum in their respective
jurisdictions.
Article ۲۸
(۱) A new election for Delegates to the National Assembly shall be held every
six years.
(۲) The term of office of the Delegates to each National Assembly shall
terminate on the day the next National Assembly convenes.
(۳) No incumbent government official may be elected a Delegate to the National
Assembly to represent the electoral district in which he holds office.
Article ۲۹
The National Assembly shall be convoked by the President to meet ninety days
prior to the expiration of each Presidential term.
Article ۳۰
(۱) An extraordinary session of the National Assembly shall be convoked in
any one of the following circumstances:
۱. When٫ in accordance with the provisions of Article ۴۹٫ a new President
and a new Vice President are to be elected.
۲. When٫ by a resolution of the Control Yuan٫ an impeachment of the
President or the Vice President is instituted.
۳. When٫ by a resolution of the Legislative Yuan٫ an amendment to the
Constitution is proposed.
۴. When over two fifths of the Delegates to the National Assembly request
that an extraordinary session be convoked.
(۲) When an extraordinary session of the National Assembly is to be convoked in
accordance with Item ۱ or Item ۲ of the preceding paragraph٫ the President of
the Legislative Yuan shall issue the notice of convocation; when it is to be
convoked in accordance with Item ۳ or Item ۴٫ it shall be convoked by the
President of the Republic.
Article ۳۱
The National Assembly shall meet at the seat of the Central Government.
Article ۳۲
No Delegate to the National Assembly shall be held responsible outside the
Assembly for opinions expressed or votes cast at meetings of the Assembly.
Article ۳۳
While the Assembly is in session٫ no Delegate to the National Assembly shall٫
except in case of flagrante delicto٫ be arrested or detained without the
permission of the National Assembly.
Article ۳۴
The organization of the National Assembly٫ the election and recall of Delegates
to the National Assembly٫ and the procedure whereby the National Assembly
carries out its functions shall be prescribed by law.
Chapter IV The Presidency
Article ۳۵
The President shall be the Chief of State and shall represent the Republic of
China in foreign relations.
Article ۳۶
The President shall have supreme command of the army٫ navy٫ and air force of
the country.
Article ۳۷
The President shall٫ in accordance with law٫ promulgate laws and issue mandates
with the countersignature of the President of the execccutive Yuan or with the
countersignatures of both the President of the execccutive Yuan and the
Ministers or Chairmen of Commissions concerned.
Article ۳۸
The President shall٫ in accordance with the provisions of this Constitution٫
exercise the powers of concluding treaties٫ declaring war٫ and making
peace.
Article ۳۹
The President may٫ in accordance with law٫ declare martial law with the
approval of٫ or subject to confirmation by٫ the Legislative Yuan. When
the Legislative Yuan deems it necessary٫ it may٫ by a formal resolution٫
request the President to lift the martial law already declared.
Article ۴۰
The President shall٫ in accordance with law٫ exercise the powers of amnesty٫
pardon٫ remission of sentence٫ and restitution of civil rights.
Article ۴۱
The President shall٫ in accordance with law٫ appoint and dismiss civil and
military officers.
Article ۴۲
The President may٫ in accordance with law٫ confer honors and decorations.
Article ۴۳
In case of a natural disaster٫ an epidemic٫ or a national financial or economic
crisis that calls for emergency action٫ the President٫ if the Legislative Yuan
happens to be in recess٫ may٫ by a resolution of the execccutive Yuan Council
and in accordance with the Law on Emergency Orders٫ issue emergency orders and
take such measures as may be necessary to cope with the situation. But the
action thus taken shall be submitted to the Legislative Yuan for confirmation
within one month after issuance of the emergency orders. In case the
Legislative Yuan withholds confirmation٫ the said orders shall immediately
become null and void.
Article ۴۴
In case of disputes٫ involving two or more Yuan٫ other than those for which
provisions are made in this Constitution٫ the President may call a meeting of
the Presidents of the Yuan concerned to work out a solution therefore.
Article ۴۵
Any citizen of the Republic of China who has reached the age of forty may be
elected President or Vice President.
Article ۴۶
The election of the President and the Vice President shall be prescribed by
law.
Article ۴۷
The President and the Vice President shall serve a term of six years. If
re-elected٫ they may serve one more term.
Article ۴۸
On assuming office٫ the President shall take an oath٫ which shall read as
follows:
"I do solemnly and with all sincerity swear before the people of the whole
country that I will observe the Constitution٫ faithfully perform my duties٫
promote the welfare of the people٫ and safeguard the security of the State so
as not to betray the people''s trust. Should I break my oath٫ I will
submit myself to severe punishment by the State. This is my solemn oath."
Article ۴۹
In case the office of the President should become vacant٫ the Vice President
shall succeed to it until the expiration of the original Presidential term.
In case the office of both the President and the Vice President should become
vacant٫ the President of the execccutive Yuan shall act for the President and٫
in accordance with the provisions of Article ۳۰ of this Constitution٫ convoke
an extraordinary session of the National Assembly to elect a new President and
a new Vice President to serve out the unfinished term of the preceding
President. In case the President should٫ for any cause٫ be unable to attend
to his official duties٫ the Vice President shall act for him. In case both
the President and the Vice President should be unable to attend to their
official duties٫ the President of the execccutive Yuan shall act for the
President
Article ۵۰
The President shall be relieved of his duties on the day his term of office
expires. If٫ by that time٫ the next President has not yet been elected٫ or
if the President-elect and the Vice President-elect have not yet assumed
office٫ the President of the execccutive Yuan shall act for the President
Article ۵۱
The period during which the President of the execccutive Yuan acts for the
President shall not exceed three months.
Article ۵۲
Unless the President is guilty of rebellion or treason٫ he shall not be liable
to criminal prosecution without havinggg been recalled or relieved of his
duties as President.
Chapter V Administration
Article ۵۳
The execccutive Yuan shall be the highest administrative organ of the State.
Article ۵۴
The execcctive Yuan shall have a President٫ a Vice President٫ and a number of
Ministers and Chairmen of Commissions٫ and Ministers without Portfolio.
Article ۵۵
(۱) The President of the execcctive Yuan shall be nominated and٫ upon
confirmation by the Legislative Yuan٫ appointed by the President of the
Republic.
(۲) If the President of the execccutive Yuan should resign or his office
should become vacant when the Legislative Yuan is not in session٫ his duties
and functions shall be performed for him by the Vice President of the
execccutive Yuan. But the President of the Republic shall٫ within forty
days٫ request the Legislative Yuan to convoke a meeting for the confirmation of
the nominee he has selecttted as the next President of the execccutive
Yuan. Pending confirmation of the nominee٫ the Vice President of the
execccutive Yuan shall temporarily perform the duties and function of the
President of th said Yuan.
Article ۵۶
The Vice President of the execcctive Yuan٫ Ministers and Chairmen of
Commissions٫ and Ministers without Portfolio shall be appointed by the
President of the Republic upon the recommendation of the President of the
execccutive Yuan.
Article ۵۷
The execccutive Yuan shall be responsible to the Legislative Yuan in
accordance with the following provisions:
۱. The execccutive Yuan has the duty to present to the Legislative Yuan a
policy statement and an administrative report. When the Legislative
Yuan is in session٫ its Members have the right to interpellate the President of
the execccutive Yuan and Ministers and Chairmen of Commissions of the said
Yuan.
۲. In case the Legislative Yuan does not agree with any major policy of the
execccutive Yuan٫ it may٫ by a formal resolution٫ request the execccutive
Yuan to change it. Confronted with the Legislative Yuan''s resolution٫
the execccutive Yuan may٫ with the approval of the President of the Republic٫
request the Legislative Yuan for reconsideration. If٫ during
reconsideration٫ two thirds of the members of the Legislative Yuan present at
the meeting uphold the original resolution٫ the President of the execccutive
Yuan shall either accede to the Legislative Yuan''s view or tender his
resignation.
۳. In case the execccutive Yuan deems an enactment٫ a budget٫ or a treaty
passed by the Legislative Yuan difficult to enforce٫ it may٫ with the approval
of the President of the Republic and within ten days after the transmission of
the Legislative Yuan''s message٫ request the latter for reconsideration.
If٫ during reconsideration٫ two thirds of the members of the Legislative Yuan
present at the meeting uphold the original resolution٫ the President of the
execccutive Yuan shall either abide by the Legislative Yuan''s resolution or
tender his resignation.
Article ۵۸
(۱) In the execccutive Yuan there shall be an execccutive Yuan Council to be
composed of its President٫ Vice President٫ Ministers and Chairmen of
Commissions٫ and Ministers without Portfolio٫ with its President as
Chairman.
(۲) Bills on proposed laws٫ budgets٫ martial law٫ amnesty٫ declaration of war٫
conclusion of peace٫ treaties٫ and other important matters to be submitted to
the Legislative Yuan٫ as well as matters of common concern to all the
ministries and commissions٫ shall be laid before the execccutive Yuan Council
by the President of the execccutive Yuan and by the various Ministers and
Chairmen of Commissions for its consideration and decision.
Article ۵۹
The execccutive Yuan shall٫ three months before the beginning of each fiscal
year٫ submit to the Legislative Yuan a budgetary bill for the following fiscal
year.
Article ۶۰
The execccutive Yuan shall٫ within four months after the end of each fiscal
year٫ submit to the Control Yuan a final financial statement of the year.
Article ۶۱
The organization of the execccutive Yuan shall be prescribed by law.
Chapter VI Legislation
Article ۶۲
The Legislative Yuan shall be the highest legislative organ of the State.
It shall be composed of Members elected by the people and shall exercise
legislative power on their behalf.
Article ۶۳
The Legislative Yuan shall have the power to pass bills on laws٫ budgets٫
martial law٫ amnesty٫ declaration of war٫ conclusion of peace٫ treaties٫ and
other important matters of State.
Article ۶۴
(۱) Members of the Legislative Yuan shall be elected in accordance with the
following provisions:
۱. Those to be elected from the Provinces or Municipalities under the
direct jurisdiction of the execccutive Yuan shall be five for each Province or
Municipality with a population of not more than ۳٫۰۰۰٫۰۰۰; where the
population exceeds ۳٫۰۰۰٫۰۰۰٫ one additional Mem- ber shall be elected for each
additional ۱٫۰۰۰٫۰۰۰.
۲. Those to be elected from Mongolian Leagues and Banners.
۳. Those to be elected from Tibet.
۴. Those to be elected by the ethnic groups in frontier regions.
۵. Those to be elected by Chinese citizens residing abroad.
۶. Those to be elected by occupational groups.
(۲) The election of Members of the Legislative Yuan and the number of those to
be elected under Items ۲ to ۶ of the preceding paragraph shall be prescribed by
law. The number of women to be elected under all the items of the preceding
paragraph shall be prescribed by law.
Article ۶۵
Members of the Legislative Yuan shall serve a term of three years and shall be
re-elegible. Their election shall be completed within three months prior to
the expiration of each term.
Article ۶۶
The Legislative Yuan shall have a President and a Vice President to be elected
from among its Members.
Article ۶۷
(۱) The Legislative Yuan may set up various committees.
(۲) The various committees of the Legislative Yuan may invite government
officials and concerned individuals in society at large to be present at the
committee meetings to present their views.
Article ۶۸
The Legislative Yuan shall hold two sessions each year and shall convene of its
own accord. The first session shall be from February to the end of May٫ and
the second from September to the end of December. Any session may be
prolonged٫ if necessary.
Article ۶۹
An extraordinary session of the Legislative Yuan may be held in either of the
following circumstances:
۱. At the request of the President of the Republic.
۲. At the request of over one fourth of its own Members.
Article ۷۰
The Legislative Yuan shall not propose any increase in the budget estimates
submitted by the execccutive Yuan.
Article ۷۱
At meetings of the Legislative Yuan٫ the Presidents of the various Yuan
concerned and the various Ministers and Chairmen of Commissions concerned may
be present to present their views.
Article ۷۲
Law bills passed by the Legislative Yuan shall be transmitted to the President
of the Republic and the execccutive Yuan. The President shall٫ within ten
days after receipt of the bills٫ promulgate them٫ but he may also deal with
them in accordance with the provisions of Article ۵۷ of this Constitution.
Article ۷۳
No Member of the Legislative Yuan shall be held responsible outside the Yuan
for opinions expressed or votes cast in the Yuan.
Article ۷۴
No Member of the Legislative Yuan shall٫ except in case of flagrante delicto٫
be arrested or detained without the permission of the Legislative Yuan.
Article ۷۵
No Member of the Legislative Yuan shall concurrently hold a government
post.
Article ۷۶
The organization of the Legislative Yuan shall be prescribed by law.
Chapter VII The Judiciary
Article ۷۷
The Judicial Yuan shall be the highest judicial organ of the State. It
shall be responsible for the trial of civil٫ criminal٫ and administrative cases
and the disciplinary punishment of public employees.
Article ۷۸
The Judicial Yuan shall interpret the Constitution and shall have the power to
unify the interpretation of laws and ordinances.
Article ۷۹
(۱) The Judicial Yuan shall have a President and a Vice President. The
President and the Vice President of the Judicial Yuan shall be nominated and٫
upon confirmation by the Control Yuan٫ appointed by the President of the
Republic.
(۲) The Judicial Yuan shall have a number of Grand Justices to be responsible
for the matters specified in Article ۷۸ of this Constitution. The Grand
Justices shall be nominated and٫ upon confirmation by the Control Yuan٫
appointed by the President of the Republic.
Article ۸۰
Judges shall be impartial. They shall try cases independenly٫ in accordance
with law٫ and be free from any interference.
Article ۸۱
Judges shall hold office for life. No judge shall be removed from office
unless he has been guilty of a criminal offense or subjected to disciplinary
action٫ or declared to be under interdiction. No judge shall٫ except in
accordance with law٫ be suspended from office٫ transferred٫ or liable to salary
cuts.
Article ۸۲
The organization of the Judicial Yuan and the different grades of law courts
shall be prescribed by law.
Chapter VIII Examination
Article ۸۳
The Examination Yuan shall be the highest examination organ of the State.
It shall be responsible for matters relating to examination٫ employment٫
official grading٫ service rating٫ salary scales٫ promotion and transfer٫
security of tenure٫ commendation٫ pension for the deceased''s family٫
retirement٫ and old-age pension.
Article ۸۴
The Examination Yuan shall have a President٫ a Vice President٫ and a number of
Members. They shall be nominated and٫ upon confirmation by the Control
Yuan٫ appointed by the President of the Republic.
Article ۸۵
Public employees shall be selecttted through a system of open٫ competitive
examination. Provincial and area quotas shall be fixed and examinations
shall be held in different areas. No person shall be appointed to a public
office unless he has successfully passed such an examination.
Article ۸۶
The following qualifications shall be determined by examination and
screening by the Examination Yuan in accordance with law:
۱. Qualifications for appointment as public employees.
۲. Qualifications for practice in specialized professions and as
technicians.
Article ۸۷
The Examination Yuan may٫ with respect to matters for which it is responsible٫
submit draft law bills to the Legislative Yuan.
Article ۸۸
Members of the Examination Yuan shall be nonpartisan and shall exercise their
functions independently٫ in accordance with law.
Article ۸۹
The organization of the Examination Yuan shall be prescribed by law.
Chapter IX Control
Article ۹۰
The Control Yuan shall be the highest control organ of the State. It shall
exercise the powers of consent٫ impeachment٫ censure٫ and auditing.
Article ۹۱
The Control Yuan shall be composed of Members to be elected by Provincial and
Municipal Councils٫ the local Councils of Mongolia and Tibet٫ and Chinese
citizens residing abroad. Their quotas shall be allotted according to the
following provisions:
۱. Five Members for each Province.
۲. Two Members for each Municipality under the direct jurisdiction of the
execccutive Yuan.
۳. Eight Members for the Mongolian Leagues and Banners.
۴. Eight Members for Tibet.
۵. Eight Members for Chinese citizens residing abroad.
Article ۹۲
The Control Yuan shall have a President and a Vice President to be elected from
among its Members.
Article ۹۳
Members of the Control Yuan shall serve a term of six years and may be
re-eligible.
Article ۹۴
In exercising its power of confirmation in accordance with this Constitution٫
the Control Yuan shall do so by a majority vote of the Members present at the
meeting.
Article ۹۵
In exercising its power of control٫ the Control Yuan may request the
execccutive Yuan and its Ministries and Commissions to make available to it
any orders they have issued and all other relevant documents.
Article ۹۶
The Control Yuan may٫ according to the work of the execccutive Yuan and its
Ministries and Commissions٫ set up a number of committees to look into all
aspects of their activities to see whether there is any violation of law or
dereliction of duty.
Article ۹۷
(۱) The Control Yuan may٫ on the basis of the findings and resolutions of its
committees٫ propose corrective measures and transmit them to the execccutive
Yuan and its Ministries and Commissions concerned with the request that
corrective action be taken.
(۲) In case the Control Yuan deems a public employee in the Central Government
or in a local government guilty of dereliction of duty or violation of law٫
it may propose corrective measures or institute an impeachment. If it
involves a criminal offense٫ the case shall be turned over to a law court.
Article ۹۸
Impeachment by the Control Yuan of a public employee in the Central Government
or in a local government shall be instituted upon the proposal of one or more
than one Member of the Control Yuan and the decision٫ after careful
consideration٫ by a committee composed of nine or more than nine Members.
Article ۹۹
In case of impeachment of the personnel of the Judicial Yuan or of the
Examination Yuan for dereliction of duty or violation of law٫ the provisions of
Articles ۹۵٫ ۹۷٫ and ۹۸ shall apply.
Article ۱۰۰
Impeachment proceedings initiated by the Control Yuan against the President or
the Vice President shall be instituted upon the proposal of one fourth or more
than one fourth of all Members of the Control Yuan and the resolution٫ after
careful consideration٫ by a majority of all Members of the Control Yuan.
The impeachment proceedings thus instituted shall be transmitted to the
National Assembly for action.
Article ۱۰۱
No Member of the Control Yuan shall be held responsible outside the Yuan for
opinions expressed or votes cast in the Yuan.
Article ۱۰۲
No Member of the Control Yuan shall٫ except in case of flagrante delicto٫ be
arrested or detained without the permission of the Control Yuan.
Article ۱۰۳
No member of the Control Yuan shall concurrently hold any other public
office or engage in any profession.
Article ۱۰۴
The Control Yuan shall have an Auditor General who shall be nominated and٫ upon
confirmation by the Legislative Yuan٫ appointed by the President of the
Republic.
Article ۱۰۵
The Auditor General shall٫ within three months after submission by the
execccutive Yuan of the final financial statement٫ complete the auditing
thereof in accordance with law and submit an audit to the Legislative Yuan٫
Article ۱۰۶
The organization of the Control Yuan shall be prescribed by law.
Chapter X Powers of the Central and Local Governments
Article ۱۰۷
The Central Government shall be competent to legislate and execccute the
following matters:
۱. Foreign affairs.
۲. National defense and military affairs bearing on national defense.
۳. Nationality law and criminal٫ civil٫ and commercial laws.
۴. The judiciary.
۵. Aviation٫ national highways٫ State-owned railways٫ navigation٫ and
postal and telecommunication services.
۶. Central Government finance and national taxes.
۷. Demarcation of national٫ provincial٫ and county taxes.
۸. State-operated economic enterprises.
۹. The currency system and State banks.
۱۰. Weights and measures.
۱۱. Foreign trade policy.
۱۲. Financial and economic matters affecting aliens or foreign countries.
۱۳. Other matters of the Central Government as provided by this
Constitution.
Article ۱۰۸
(۱) The Central Government shall be competent to legislate and execccute the
following matters٫ which٫ however٫ may also be delegated to the provincial or
county government to execccute:
۱. General principles of provincial and county self-government.
۲. Demarcation of administrative areas.
۳. Forestry٫ industry٫ mining٫ and commerce.
۴. The educational system.
۵. Banking and stock exchange.
۶. Shipping and deep-sea fishery.
۷. Public utilities.
۸. Cooperative enterprises.
۹. Interprovincial water and land communication and transportation.
۱۰. Interprovincial water conservancy٫ waterways٫ agriculture٫ and animal
husbandry.
۱۱. Official grading٫ employment٫ surveillance٫ and security of tenure of
officials in the Central and local governments.
۱۲. Land legislation.
۱۳. Labor legislation and other social legislatiom.
۱۴. Right of eminent domain.
۱۵. Census-taking and compilation of population statistics for the whole
country.
۱۶. Population migration and land reclamation.
۱۷. The police system.
۱۸. Public health.
۱۹. Disaster relief٫ pension for the deceased''s family٫ and unemployment
relief.
۲۰. Preservation of ancient books٫ ancient relics٫ and ancient monuments of
cultural value.
(۲) With respect to the various items referred to in the preceding
paragraph٫ the Provinces may enact separate rules and regulations provided they
do not contravene national laws.
Article ۱۰۹
(۱) The Provincial Government shall be competent to legislate and
execccute the following matters٫ which٫ however٫ may also be delegated to the
county governments to execccute:
۱. Provincial education٫ public health٫ industry٫ and communications.
۲. Management and disposal of provincial property.
۳. Administration of cities under provincial jurisdiction.
۴. Provincial public enterprises.
۵. Provincial cooperative enterprises.
۶. Provincial agriculture٫ forestry٫ water conservancy٫ fishery٫ animal
husbandry٫ and public works.
۷. Provincial finance and provincial taxes.
۸. Provincial debts.
۹. Provincial banks.
۱۰. Provincial police administration.
۱۱. Provincial philanthropic and public welfare work.
۱۲. Other matters delegated to the Provinces in accordance with national
laws.
(۲) Unless otherwise provided by law٫ any of the matters referred to in the
various items of the preceding paragraph٫ if it involves two or more Provinces٫
may be jointly undertaken bv the Provinces concerned.
(۳) In case any of the Provinces lacks sufficient funds to undertake any of the
matters referred to in the various items of the preceding paragraph٫ subsidies
may be granted from the National Treasury by a resolution of the Legislative
Yuan.
Article ۱۱۰
(۱) The county government shall be competent to legislate and execccute the
following matters:
۱. County education٫ public health٫ industry٫ and communications.
۲. Management and disposal of county property.
۳. County public enterprises.
۴. County cooperative enterprises.
۵. County agriculture٫ forestry٫ water conservancy٫ fishery٫ animal
husbandry٫ and public works.
۶. County finance and taxes.
۷. County debts.
۸. County banks.
۹. County police administration.
۱۰. County philanthropic and public welfare work.
۱۱. Other matters delegated to the County in accordance with national laws
and Provincial Self-Government Regulations.
(۲) Unless otherwise provided by law٫ any of the matters referred to in the
various items of the preceding paragraph٫ if it involves two or more Counties٫
may be jointly undertaken by the Counties concerned.
Article ۱۱۱
Any matter not specifically mentioned in Articles ۱۰۷٫ ۱۰۸٫ ۱۰۹٫ and ۱۱۰ shall
fall within the jurisdiction of the Central Government if it is national in
nature٫ within that of the Province if it is provincial in nature٫ and within
that of the County if it is county in nature. In case of dispute٫ the
matter shall be settled by the legislative Yuan.
Chapter XI System of Local Government
Section ۱ The Province
Article ۱۱۲
(۱) A Province may convoke a Provincial People''s Representatives Conference
to draw up٫ in accordance with the General Principles of Provincial and County
Self-Government٫ a set of Provincial Self-Government Regulations which٫
however٫ shall not contravene the Constitution.
(۲) The organization of the Provincial People''s Representatives Conference
and the election of the Representatives shall be prescribed by law.
Article ۱۱۳
(۱) The Provincial Self-Government Regulations shall include the following
provisions:
۱. There shall be a Provincial Assembly; Members of the Provincial
Assembly shall be elected by the people of the Province.
۲. There shall be a Provincial Government and a Provincial Governor;
the Provincial Governor shall be elected by the people of the Province.
۳. Relationship between the Province and the Counties.
(۲) The legislative powers of the Province shall be exercised by the Provincial
Assembly.
Article ۱۱۴
The Provincial Self-Government Regulations٫ after being enacted٫ shall be
submitted to the Judicial Yuan. If the Judicial Yuan deems any part of the
Regulations unconstitutional٫ it shall declare the relevant provisions null
and void.
Article ۱۱۵
If٫ in the course of implementing the Provincial Self-Government
Regulations٫ there should arise any serious obstacle in the application of any
of the articles contained therein٫ the Judicial Yuan shall first summon the
various parties concerned to present their views. Then٫ the Presidents of
the execccutive Yuan٫ the Legislative Yuan٫ the Judicial Yuan٫ the Examination
Yuan٫ and the Control Yuan shall form themselves into a committee under the
Chairmanship of the President of the Judicial Yuan to propose a formula for
solution.
Article ۱۱۶
Provincial rules and regulations that contravene national laws shall be
null and void.
Article ۱۱۷
In case of doubt as to whether any provincial rule or regulation contravenes
national laws٫ the matter shall be settled by interpretation by the Judicial
Yuan.
Article ۱۱۸
The self-government of Municipalities under the direct jurisdiction of the
execccutive Yuan shall be prescribed by law.
Article ۱۱۹
The local self-government system of the Mongolian Leagues and Banners shall be
prescribed by law.
Article ۱۲۰
The system of self-government in Tibet shall be safeguarded.
Section ۲ The County
Article ۱۲۱
The County shall practise county self-government.
Article ۱۲۲
A County may convoke a County People''s Representatives Conference to draw
up٫ in accordance with the General Principles of Provincial and County
Self-Government٫ a set of County Self-Government Regulations which٫ however٫
shall not contravene the Constitution and the Provincial Self-Government
Regulations.
Article ۱۲۳
The people of the County shall٫ in accordance with law٫ exercise the rights of
initiative and referendum in matters relating to county self-government and
shall٫ in accordance with law٫ exercise the rights of election and recall
of the Magistrate and other county self-government officials.
Article ۱۲۴
(۱) There shall be a County Council. Members of the County Council shall be
elected by the people of the County.
(۲) The legislative power of the County shall be exercised by the County
Council.
Article ۱۲۵
County rules and regulations that contravene national laws or provincial rules
and regulations shall be null and void.
Article ۱۲۶
There shall be a County Government and a Magistrate; the Magistrate shall be
elected by the people of the County.
Article ۱۲۷
The Magistrate shall have charrrge of all matters relating to county
self-government and shall administer such matters as are delegated to the
County by the Central and Provincial Governments.
Article ۱۲۸
The provisions governing the County shall apply mutatis mutandis to the
Municipality.
Chapter XII Election٫ Recall٫ Initiative٫ and Referendum
Article ۱۲۹
The various kinds of election provided in this Constitution٫ unless otherwise
stipulated in this Constitution٫ shall be by universal٫ equal٫ and direct
suffrage and by secret ballot.
Article ۱۳۰
Any citizen of the Republic of China who has attained the age of twenty shall
have the right of election in accordance with law. Unless otherwise
provided by this Constitution or by law٫ any citizen who has attained the age
of twenty-three shall have the right of being elected in accordance with law.
Article ۱۳۱
All candidates in the various kinds of election prescribed in this
Constitution shall openly conduct their electoral campaigns.
Article ۱۳۲
Intimidation or offer of pecuniary inducements shall be strictly forbidden in
elections. Electoral litigations shall be settled by law courts.
Article ۱۳۳
A person duly elected may be recalled by his constituency in accordance with
law.
Article ۱۳۴
In the various kinds of election٫ quotas of successful candidates shall be
assigned to women; methods of implementation shall be prescribed by law.
Article ۱۳۵
The number of Delegates to the National Assembly to be elected by people in
interior areas with special ways of living and habits and the methods of their
election shall be prescribed by law.
Article ۱۳۶
The exercise of the rights of initiative and referendum shall be prescribed by
law.
Chapter XIII Fundamental National Politics
Section ۱ National Defense
Article ۱۳۷
(۱) It shall be the objectttive of the national defense of the Republic of
China to safeguard national security and preserve world peace.
(۲) The organization of national defense shall be prescribed by law.
Article ۱۳۸
The Army٫ Navy٫ and Air Force of the nation shall rise above personal٫
regional٫ and party affiliations and shall be loyal to the State and love and
protect the people.
Article ۱۳۹
No political party and no individual shall make use of armed forces as an
instrument in the struggle for political power.
Article ۱۴۰
No person in active military service shall concurrently hold a civil office.
Section ۲ Foreign Policy
Article ۱۴۱
The foreign policy of the Republic of China shall be conceived in a spirit of
independence and self-reliance and based on the principles of equality and
reciprocity to promote friendly relations with other nations and abide by
treaties and the charrrter of the United Nations so as to protect the rights
and interests of Chinese citizens residing abroad٫ foster international
cooperation٫ advance international justice٫ and insure world peace.
Section ۳ The National Economy
Article ۱۴۲
The national economy shall be based on the Principle of People''s Livelihood
and shall seek to effect the equalization of land rights and regulation of
private capital in order to assure an equitable distribution of national wealth
and sufficiency for the people''s livelihood.
Article ۱۴۳
(۱) All land within the territorial limits of the Republic of China shall
belong to the entire body of citizens. Private ownership of land٫ acquired
by the people in accordance with law٫ shall be protected and restricted by
law. Privately owned land shall pay taxes according to its value and may be
purchased by the Government according to its value.
(۲) Mineral ores embedddded in the land and natural forces which can be
economically utilized for public benefit shall belong to the State٫ even if
ownership of the land may have been acquired by private individuals.
(۳) The State shall levy a land value increment tax on any land whose value has
increased not through the application of labor or capital٫ and the proceeds
therefrom shall be used for the people at large.
(۴) In the distribution and readjustment of land٫ the State shall٫ in
principle٫ assist owner-farmers and owner-users of land and shall also regulate
their appropriate areas of operation.
Article ۱۴۴
Public utilities and other enterprises of a monopolistic nature٫ in principle٫
shall be under public operation. In cases permitted by law٫ they may be
operated by private citizens.
Article ۱۴۵
(۱) With respect to private wealth and privately operated enterprises٫ the
State shall restrict them by law if they are deemed detrimental to the balanced
development of national wealth and people''s livelihood.
(۲) Cooperative enterprises shall receive encouragement and assistance from the
State.
(۳) Private citizens'' productive enterprises and foreign trade shall receive
encouragement٫ guidance٫ and protection by the State.
Article ۱۴۶
The State shall٫ by the use of scientific techniques٫ develop water
conservancy٫ increase the productivity of land٫ improve agricultural
conditions٫ develop agricultural resources٫ and foster the industrialization of
agriculture.
Article ۱۴۷
(۱) The Central Government٫ in order to achieve abalanced development of the
economy of the various Provinces٫ shall extend appropriate financial assistance
to the poorer and less productive Provinces.
(۲) The Provincial Government٫ in order to achieve a balanced development of
the economy of the various Counties٫ shall extend appropriate financial
assistance to the poorer and less productive Counties.
Article ۱۴۸
Within the territory of the Republic of China٫ all commodities shall be
permitted to move freely from place to place.
Article ۱۴۹
Financial institutions shall٫ in accordance with law٫ be subject to State
control.
Article ۱۵۰
The State shall widely establish financial institutions for the common people
so as to relieve unemployment.
Article ۱۵۱
With respect to Chinese citizens residing abroad٫ the State shall foster and
protect the development of their economic enterprises.
Section ۴ Social Security
Article ۱۵۲
The State shall provide suitable opportunities for work to those persons who
have the ability to work.
Article ۱۵۳
(۱) The State shall enact laws and carry out policies for the protection of
laborers and farmers so as to better their livelihood and improve their
productive skills.
(۲) Special protection shall be provided for women and children doing manual
labor٫ according to their age and physical conditions.
Article ۱۵۴
Management and labor shall act in accordance with the principles of harmony and
cooperation for the development of productive enterprises. Conciliation
and arbitration of disputes between capital and labor shall be prescribed by
law.
Article ۱۵۵
The State shall establish a system of social insurance to promote social
welfare. To the aged and the physically disabled who are unable to make a
living٫ and to victims of extraordinary calamities٫ the State shall provide
appropriate assistance and relief.
Article ۱۵۶
The State٫ in order to consolidate the foundation of national existence and
development٫ shall protect motherhood and carry out a policy for the promotion
of the welfare of women and children.
Article ۱۵۷
The State٫ in order to improve national health٫ shall establish extensive
services for sanitation and health protection and a system of public medical
care.
Section ۵ Education and Culture
Article ۱۵۸
Education and culture shall aim at the development٫ among the citizens٫ of
the national spirit٫ the spirit of self-government٫ national morality٫ a
healthy physique٫ scientific knowledge٫ and the ability to earn a living.
Article ۱۵۹
All citizens shall have an equal opportunity to receive education.
Article ۱۶۰
(۱) All children of school age from six to twelve years shall receive free
elementary education. Those from poor families shall be supplied with books
by the Government.
(۲) All citizens above school age who have not received elementary
education shall receive supplementary education free of charrrge and shall
also be supplied with books by the Govern- ment.
Article ۱۶۱
The various levels of government shall provide a large number of
scholarships to assist students of good scholastic standing and exemplary
conduct who lack the means to continue their school education.
Article ۱۶۲
All public and private educational and cultural institutions in the country
shall٫ in accordance with law٫ be subject to State supervision.
Article ۱۶۳
The State shall pay due attention to the balanced development of education in
different regions and shall promote social education to elevate the cultural
standards of the citizens in general. Grants from the National Treasury
shall be made to frontier regions and economically poor areas to help them meet
their educational and cultural expenses. The Central Government may either
itself undertake the more important educational and cultural enterprises in
such regions and areas or render them financial assistance.
Article ۱۶۴
Funds earmarked for education٫ science٫ and culture shall be٫ in respect of the
Central Government٫ not less than fifteen percent of the total national budget;
in respect of the Provincial Government٫ not less than twenty-five percent
of the total Provincial budget; and in respect of the Municipal or County
Government٫ not less than thirty-five percent of the total Municipal or County
budget. Educational and cultural foundations established in accordance with
law٫ and their property٫ shall be protected.
Article ۱۶۵
The State shall safeguard the livelihood of educational٫ scientific٫ and
artistic workers and shall٫ as the national economy develops٫ increase their
remuneration from time to time.
Article ۱۶۶
The State shall encourage scientific discov- eries and inventions and shall
protect ancient monuments and ancient relics of historical٫ cultural٫ or
artistic value.
Article ۱۶۷
The State shall encourage or subsidize the following enterprises or
individuals:
۱. Private educational enterprises with outstanding records.
۲. Overseas Chinese educational enterprises with outstanding records.
۳. Individuals who have made scholarly or technical inventions.
۴. Educational workers who have rendered long and meritorious services.
Section ۶ The Frontier Regions
Article ۱۶۸
The State shall accord to the various ethnic groups in the frontier regions
legal protection of their status and shall give special assistance to their
work in local self-government.
Article ۱۶۹
The State shall actively undertake and foster the development of education٫
culture٫ communications٫ water conservancy٫ public health٫ and other economic
and social enterprises among the various ethnic groups in the frontier
regions. With respect to land utilization٫ the State shall٫ in the light of
climatic conditions٫ nature of the soil٫ and the life and habits of the people٫
adopt measures for its protection and assist in its development.
Chapter XIV Enforcement and Amendment of the Constitution
Article ۱۷۰
The term "law" referred to in this Constitution shall mean any legislative
bill duly passed by the Legislative Yuan and promulgated by the President
of the Republic.
Article ۱۷۱
(۱) Laws that contravene the Constitution shall be null and void.
(۲) In case of doubt as to whether a given law contravenes the Constitution٫
the matter shall be settled by interpretation by the Judicial Yuan.
Article ۱۷۲
Any ordinance that contravenes the Constitution or laws shall be null and
void.
Article ۱۷۳
The Constitution shall be interpreted by the Judicial Yuan.
Article ۱۷۴
The Constitution shall be amended in accordance with either one of the
following procedures:
۱. The Constitution may be amended upon the proposal of one fifth of the
total number of Delegates to the National Assembly and by a resolution of three
fourths of the Delegates present at a meeting with a quorum of two thirds of
all Delegates to the National Assembly.
۲. An amendment to the Constitution may be drawn up by the Legislative Yuan
and submitted by it to the National Assembly for concurrence through referendum
upon the proposal of one fourth of the Members of the Legislative Yuan and by a
resolution of three fourths of the Members present at a meeting with a quorum
of three fourths of all Members of the Yuan. Such a proposed amendent to
the Constitution shall be publicly announced half a year before the National
Assembly meets.
Article ۱۷۵
(۱) Whenever necessary٫ enforcement procedures in regard to any matter referred
to in this Constitution shall be separately prescribed by law.
(۲) The preparatory procedures for the enforcement of this Constitution shall
be adopted by a resolution of the National
Constituent Assembly which has drawn up this Constitution.