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Constitution of The Republic of China (Taiwan) (1947, rev. 2005)

1From WikiSource: Constitution of the Republic of China, derived from Office of the President: Republic of China (Taiwan) and WikiSource: Additional Articles of the Constitution of the Republic of China (2005 Reform), originally from Office of the President: Republic of China (Taiwan) under a Creative Commons Attribution-ShareAlike 3.0 Unported License.

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3Adopted by the National Assembly on December 25, 1946, promulgated by the National Government on January 1, 1947, and effective from December 25, 1947.

4The National 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 of China, and in order to consolidate the authority of the State, safeguard the rights of the people, ensure social tranquility, and promote the welfare of the people, do hereby establish this Constitution, to be promulgated throughout the country for faithful and perpetual observance by all.

5Chapter I. GENERAL PROVISIONS

6Article 1

7 The Republic of China, founded on the Three Principles of the People, shall be a democratic republic of the people, to be governed by the people and for the people.

8Article 2

9 The sovereignty of the Republic of China shall reside in the whole body of citizens.

10Article 3

11 Persons possessing the nationality of the Republic of China shall be citizens of the Republic of China.

12Article 4

13 The territory of the Republic of China according to its existing national boundaries shall not be altered except by resolution of the National Assembly.

14Article 5

15 There shall be equality among the various racial groups in the Republic of China.

16Article 6

17 The national flag of the Republic of China shall be of red ground with a blue sky and a white sun in the upper left corner.

18Chapter II. RIGHTS AND DUTIES OF THE PEOPLE

19Article 7

20 All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.

21Article 8

22 Personal freedom shall be guaranteed to the people. Except in case of flagrante delicto as provided by law, no person shall be arrested or detained otherwise than by a judicial or a police organ in accordance with the procedure prescribed by law. No person shall be tried or punished otherwise than by a law court in accordance with the procedure prescribed by law. Any arrest, detention, trial, or punishment which is not in accordance with the procedure prescribed by law may be resisted.

23 When a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall in writing inform the said person, and his designated relative or friend, of the grounds for his arrest or detention, and shall, within 24 hours, turn him over to a competent court for trial. The said person, or any other person, may petition the competent court that a writ be served within 24 hours on the organ making the arrest for the surrender of the said person for trial.

24 The court shall not reject the petition mentioned in the preceding paragraph, nor shall it order the organ concerned to make an investigation and report first. The organ concerned shall not refuse to execute, or delay in executing, the writ of the court for the surrender of the said person for trial.

25 When a person is unlawfully arrested or detained by any organ, he or any other person may petition the court for an investigation. The court shall not reject such a petition, and shall, within 24 hours, investigate the action of the organ concerned and deal with the matter in accordance with law.

26Article 9

27 Except those in active military service, no person shall be subject to trial by a military tribunal.

28Article 10

29 The people shall have freedom of residence and of change of residence.

30Article 11

31 The people shall have freedom of speech, teaching, writing and publication.

32Article 12

33 The people shall have freedom of privacy of correspondence.

34Article 13

35 The people shall have freedom of religious belief.

36Article 14

37 The people shall have freedom of assembly and association.

38Article 15

39 The right of existence, the right to work and the right of property shall be guaranteed to the people.

40Article 16

41 The people shall have the right of presenting petitions, lodging complaints, or instituting legal proceedings.

42Article 17

43 The people shall have the right of election, recall, initiative and referendum.

44Article 18

45 The people shall have the right of taking public examinations and of holding public offices.

46Article 19

47 The people shall have the duty of paying taxes in accordance with law.

48Article 20

49 The people shall have the duty of performing military service in accordance with law.

50Article 21

51 The people shall have the right and the duty of receiving citizens' education.

52Article 22

53 All other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution.

54Article 23

55 All the freedoms and rights enumerated in the preceding Articles shall not be restricted by law except such as may be necessary to prevent infringement upon the freedoms of other persons, to avert an imminent crisis, to maintain social order or to advance public welfare.

56Article 24

57 Any public functionary who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary measures in accordance with law, be held responsible under criminal and civil laws. The injured person may, in accordance with law, claim compensation from the State for damage sustained.

58Chapter III. THE NATIONAL ASSEMBLY

59Article 25

60 The National Assembly shall, in accordance with the provisions of this Constitution, exercise political powers on behalf of the whole body of citizens.

61Article 26

62 The National Assembly shall be composed of the following delegates:

63 One delegate shall be elected from each hsien, municipality, or area of equivalent status. In case its population exceeds 500,000, one additional delegate shall be elected for each additional 500,000. Areas equivalent to hsien or municipalities shall be prescribed by law;

64 Delegates to represent Mongolia shall be elected on the basis of four for each league and one for each Special banner;

65 The number of delegates to be elected from Tibet shall be prescribed by law;

66 The number of delegates to be elected by various racial groups in frontier regions shall be prescribed by law;

67 The number of delegates to be elected by Chinese citizens residing abroad shall be prescribed by law;

68 The number of delegates to be elected by occupational groups shall be prescribed by law;

69 The number of delegates to be elected by women's organizations shall be prescribed by law.

70Article 27

71 The function of the National Assembly shall be as follows:

72 To elect the President and the Vice President;

73 To recall the President and the Vice President;

74 To amend the Constitution; and

75 To vote on proposed Constitutional amendments submitted by the Legislative Yuan by way of referendum.

76 With respect to the rights of initiative and referendum, except as is provided in Items 3 and 4 of the preceding paragraph, the National Assembly shall make regulations pertaining thereto and put them into effect after the above-mentioned two political rights shall have been exercised in one half of the hsien and municipalities of the whole country.

77Article 28

78 Delegates to the National Assembly shall be elected every six years.

79 The term of office of the delegates to each National Assembly shall terminate on the day on which the next National Assembly convenes.

80 No incumbent government official shall, in the electoral area where he holds office, be elected delegate to the National Assembly.

81Article 29

82 The National Assembly shall be convoked by the President to meet 90 days prior to the date of expiration of each presidential term.

83Article 30

84 An extraordinary session of the National Assembly shall be convoked in any one of the following circumstances:

85 When, in accordance with the provisions of Article 49 of this Constitution, a new President and a new Vice President are to be elected;

86 When, by resolution of the Control Yuan, an impeachment of the President or the Vice President is instituted;

87 When, by resolution of the Legislative Yuan, an amendment to the Constitution is proposed; and

88 When a meeting is requested by not less than two-fifths of the delegates to the National Assembly.

89 When an extraordinary session is to be convoked in accordance with Item 1 or Item 2 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 3 or Item 4, it shall be convoked by the President of the Republic.

90Article 31

91 The National Assembly shall meet at the seat of the Central Government.

92Article 32

93 No delegate to the National Assembly shall be held responsible outside the Assembly for opinions expressed or votes cast at meetings of the Assembly.

94Article 33

95 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.

96Article 34

97 The organization of the National Assembly, the election and recall of delegates to the National Assembly, and the procedure whereby the National Assembly is to carry out its functions, shall be prescribed by law.

98Chapter IV. THE PRESIDENT

99Article 35

100 The President shall be the head of the State and shall represent the Republic of China in foreign relations.

101Article 36

102 The President shall have supreme command of the land, sea and air forces of the whole country.

103Article 37

104 The President shall, in accordance with law, promulgate laws and issue mandates with the counter-signature of the President of the Executive Yuan or with the counter-signatures of both the President of Executive Yuan and the Ministers or Chairmen of Commissions concerned.

105Article 38

106 The President shall, in accordance with the provisions of this Constitution, exercise the powers of concluding treaties, declaring war and making peace.

107Article 39

108 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 resolution request the President to terminate martial law.

109Article 40

110 The President shall, in accordance with law, exercise the power of granting amnesties, pardons, remission of sentences and restitution of civil rights.

111Article 41

112 The President shall, in accordance with law, appoint and remove civil and military officials.

113Article 42

114 The President may, in accordance with law, confer honors and decorations.

115Article 43

116 In case of a natural calamity, an epidemic, or a national financial or economic crisis that calls for emergency measures, the President, during the recess of the Legislative Yuan, may, by resolution of the Executive Yuan Council, and in accordance with the Law on Emergency Decree, issue emergency orders, proclaiming such measures as may be necessary to cope with the situation. Such orders shall, within one month after issuance, be presented to the Legislative Yuan for confirmation; in case the Legislative Yuan withholds confirmation, the said orders shall forthwith cease to be valid.

117Article 44

118 In case of disputes between two or more Yuan other than those concerning which there are relevant provisions in this Constitution, the President may call a meeting of the Presidents of the Yuan concerned for consultation with a view to reaching a solution.

119Article 45

120 Any citizen of the Republic of China who has attained the age of 40 years may be elected President or Vice President.

121Article 46

122 The election of the President and the Vice President shall be prescribed by law.

123Article 47

124 The President and the Vice President shall serve a term of six years. They may be re-elected for a second term.

125Article 48

126 The President shall, at the time of assuming office, take the following oath:

127 "I do solemnly and sincerely swear before the people of the whole country that I will observe the Constitution, faithfully perform my duties, promote the welfare of the people, safeguard the security of the State, and will in no way betray the people's trust. Should I break my oath, I shall be willing to submit myself to severe punishment by the State. This is my solemn oath."

128Article 49

129 In case the office of the President should become vacant, the Vice President shall succeed 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 Executive Yuan shall act for the President; and, in accordance with the provisions of Article 30 of this Constitution, an extraordinary session of the National Assembly shall be convoked for the election of a new President and a new Vice President, who shall hold office until the completion of the term left unfinished by the preceding President. In case the President should be unable to attend to office due to any cause, the Vice President shall act for the President. In case both the President and the Vice President should be unable to attend to office, the President of the Executive Yuan shall act for the President.

130Article 50

131 The President shall be relieved of his functions on the day on which his term of office expires. If by that time, the succeeding 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 Executive Yuan shall act for the President.

132Article 51

133 The period during which the President of the Executive Yuan may act for the President shall not exceed three months.

134Article 52

135 The President shall not, without having been recalled, or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason.

136Chapter V. ADMINISTRATION

137Article 53

138 The Executive Yuan shall be the highest administrative organ of the state.

139Article 54

140 The Executive Yuan shall have a President, a Vice President, a certain number of Ministers and Chairmen of Commissions, and a certain number of Ministers without Portfolio.

141Article 55

142 The President of the Executive Yuan shall be nominated and, with the consent of the Legislative Yuan, appointed by the President of the Republic.

143 If, during the recess of the Legislative Yuan, the President of the Executive Yuan should resign or if his office should become vacant, his functions shall be exercised by the Vice President of the Yuan, acting on his behalf, but the President of the Republic shall, within 40 days, request a meeting of the Legislative Yuan to confirm his nominee for the vacancy. Pending such confirmation, the Vice President of the Executive Yuan shall temporarily exercise the functions of the President of the said Yuan.

144Article 56

145 The Vice President of the Executive 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 Executive Yuan.

146Article 57

147 The Executive Yuan shall be responsible to the Legislative Yuan in accordance with the following provisions:

148 The Executive Yuan has the duty to present to the Legislative Yuan a statement of its administrative policies and a report on its administration. While the Legislative Yuan is in session, Members of the Legislative Yuan shall have the right to question the President and the Ministers and Chairmen of Commissions of the Executive Yuan;

149 If the Legislative Yuan does not concur in any important policy of the Executive Yuan, it may, by resolution, request the Executive Yuan to alter such a policy. With respect to such resolution, the Executive Yuan may, with the approval of the President of the Republic, request the Legislative Yuan for reconsideration. If, after reconsideration, two-thirds of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by the same or resign from office;

150 If the Executive Yuan deems a resolution on a statutory, budgetary, or treaty bill passed by the Legislative Yuan difficult of execution, it may, with the approval of the President of the Republic and within ten days after its transmission to the Executive Yuan, request the Legislative Yuan to reconsider the said resolution. If after reconsideration, two-thirds of the Members of the Legislative Yuan present at the meeting uphold the original resolution, the President of the Executive Yuan shall either abide by the same or resign from office.

151Article 58

152 The Executive Yuan shall have an Executive Yuan Council, to be composed of its President, Vice President, various Ministers and Chairmen of Commissions, and Ministers without Portfolio, with its President as Chairman.

153 Statutory or budgetary bills or bills concerning martial law, amnesty, declaration of war, conclusion of peace, treaties, and other important affairs, all of which are to be submitted to the Legislative Yuan, as well as matters that are of common concern to the various Ministries and Commissions, shall be presented by the President and various Ministers and Chairmen of Commissions of the Executive Yuan to the Executive Yuan Council for decision.

154Article 59

155 The Executive Yuan shall, three months before the beginning of each fiscal year, present to the Legislative Yuan the budgetary bill for the following fiscal year.

156Article 60

157 The Executive Yuan shall, within four months after the end of each fiscal year, present final accounts of revenues and expenditures to the Control Yuan.

158Article 61

159 The organization of the Executive Yuan shall be prescribed by law.

160Chapter VI. LEGISLATION

161Article 62

162 The Legislative Yuan shall be the highest legislative organ of the State, to be constituted of members elected by the people. It shall exercise legislative power on behalf of the people.

163Article 63

164 The Legislative Yuan shall have the power to decide by resolution upon statutory or budgetary bills or bills concerning material law, amnesty, declaration of war, conclusion of peace or treaties, and other important affairs of the State.

165Article 64

166 Members of the Legislative Yuan shall be elected in accordance with the following provisions:

167 Those to be elected from the provinces and by the municipalities under the direct jurisdiction of the Executive Yuan shall be five for each province or municipality with a population of not more than 3,000,000, one additional member shall be elected for each additional 1,000,000 in a province or municipality whose population is over 3,000,000;

168 Those to be elected from Mongolian Leagues and Banners;

169 Those to be elected from Tibet;

170 Those to be elected by various racial groups in frontier regions;

171 Those to be elected by Chinese citizens residing abroad; and

172 Those to be elected by occupational groups.

173 The election of Members of the Legislative Yuan and the number of those to be elected in accordance with Items 2 to 6 of the preceding paragraph shall be prescribed by law.

174 The number of women to be elected under the various items enumerated in the first paragraph shall be prescribed by law.

175Article 65

176 Members of the Legislative Yuan shall serve a term of three years, and shall be re-eligible. The election of Members of the Legislative Yuan shall be completed within three months prior to the expiration of each term.

177Article 66

178 The Legislative Yuan shall have a President and a Vice President, who shall be elected by and from among its Members.

179Article 67

180 The Legislative Yuan may set up various committees.

181 Such committees may invite government officials and private persons concerned to be present at their meetings to answer questions.

182Article 68

183 The Legislative Yuan shall hold two sessions each year, and shall convene of its own accord. The first session shall last from February to the end of May, and the second session from September to the end of December. Whenever necessary a session may be prolonged.

184Article 69

185 In any of the following circumstances, the Legislative Yuan may hold an extraordinary session:

186 At the request of the President of the Republic;

187 Upon the request of not less than one-fourth of its members.

188Article 70

189 The Legislative Yuan shall not make proposals for an increase in the expenditures in the budgetary bill presented by the Executive Yuan.

190Article 71

191 At the 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 give their views.

192Article 72

193 Statutory bills passed by the Legislative Yuan shall be transmitted to the President of the Republic and to the Executive Yuan. The President shall, within ten days after receipt thereof, promulgate them; or he may deal with them in accordance with the provisions of Article 57 of this Constitution.

194Article 73

195 No Member of the Legislative Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan.

196Article 74

197 No Member of the Legislative Yuan shall, except in case of flagrante delicto, be arrested or detained without the permission of the Legislative Yuan.

198Article 75

199 No Member of the Legislative Yuan shall concurrently hold a government post.

200Article 76

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