- { Adopted on: 25 Dec 1946 }
{ ICL Document Status: 28 July 1994 }
- { Editor's note:
The current ICL edition is based on the official translation by H.-F. Wang as published in official booklets by the government.}
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 1
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 2
The sovereignty of the Republic of China shall reside in the whole body of citizens.
Article 3
Persons with the nationality of the Republic of China shall be citizens of the Republic of China.
Article 4
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 5
There shall be complete equality among the various ethnic groups in the Republic of China.
Article 6
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 7
All citizens of the Republic of China, irrespective of sex, religion, ethnic origin, class, or party affiliation, shall be equal
before the law.Article 8
(1) 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.
(2) When a person is arrested or detained on suspicion of having 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 courtto serve a writ on the organ making the arrest to surrender within twenty-four hours the said person for trial.
(3) 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.
(4) 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 9
Except those in active military service, no person shall be liable to court-martial.
Article 10
The people shall have freedom of residence and of change of residence.
Article 11
The people shall have freedom of speech
, teaching, writing, and publication.Article 12
The people shall have freedom of privacy of correspondence.
Article 13
The people shall have freedom of religious belief
.Article 14
The people shall have freedom of assembly and of associatlon.
Article 15
The right to live, the right to work, and the right to own property
shall be guaranteed to the people.Article 16
The people shall have the right to present petitions, lodge complaints, and institute legal proceedings.
Article 17
The people shall have the rights of election
, recall, initiative, and referendum.Article 18
The people shall have the right to take public examinations and hold public offices.
Article 19
The people shall have the duty to pay taxes in accordance with law.
Article 20
The people shall have the duty to render military service in accordance with law.
Article 21
The people shall have the right and the duty, to receive elementary education.
Article 22
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 23
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 24
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 25
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 26
The National Assembly shall be composed of the following Delegates:
1. One Delegate shall be elected from each County, Municipality, or area of equivalent status. In case the population of the electoral district exceeds 500,000, one additional Delegate shall be elected for each additional 500,000. The election of Delegates representing areas equivalent in status to the County or Municipality shall be prescribed by law.
2. Delegates to represent Mongolia shall be elected on the basis of four for each League and one for each Special Banner.
3. The number of Delegates to be elected from Tibet shall be prescribed by law.
4. The number of Delegates to be elected by various ethnic groups in frontier regions shall be prescribed by law.
5. The number of Delegates to be elected by Chinese citizens residing abroad shall be prescribed by law.
6. The number of Delegates to be elected by occupational groups shall be prescribed by law.
7. The number of Delegates to be elected by women's organizations shall be prescribed by law.
Article 27
(1) The functions of the National Assembly shall be as follows:
1. To elect the President and the Vice President.
2. To recall the President and the Vice President.
3. To amend the Constitution.
4. To vote in the exercise of its right of referendum on proposed constitutional amendments originating in the Legislative Yuan.
(2) 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 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 28
(1) A new election for Delegates to the National Assembly shall be held every six years.
(2) The term of office of the Delegates to each National Assembly shall terminate on the day the next National Assembly convenes.
(3) No incumbent government official may be elected a Delegate to the National Assembly to represent the electoral district in which he holds office.
Article 29
The National Assembly shall be convoked by the President to meet ninety days prior to the expiration of each Presidential term.
Article 30
(1) An extraordinary session of the National Assembly shall be convoked in any one of the following circumstances:
1. When, in accordance with the provisions of Article 49, a new President and a new Vice President are to be elected.
2. When, by a resolution of the Control Yuan, an impeachment of the President or the Vice President is instituted.
3. When, by a resolution of the Legislative Yuan, an amendment to the Constitution is proposed.
4. When over two fifths of the Delegates to the National Assembly request that an extraordinary session be convoked.
(2) When an extraordinary session of the National Assembly 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.
Article 31
The National Assembly shall meet at the seat of the Central Government.
Article 32
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 33
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 34
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 35
The President
shall be the Chief of State and shall represent the Republic of China in foreign relations.Article 36
The President shall have supreme command of the army, navy, and air force of the country.
Article 37
The President shall, in accordance with law, promulgate laws and issue mandates with the countersignature of the President of the Executive Yuan or with the countersignatures of both the President of the Executive Yuan and the Ministers or Chairmen of Commissions concerned.
Article 38
The President shall, in accordance with the provisions of this Constitution, exercise the powers of concluding treaties, declaring war, and making peace.
Article 39
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 40
The President shall, in accordance with law, exercise the powers of amnesty, pardon, remission of sentence, and restitution of civil rights.
Article 41
The President shall, in accordance with law, appoint and dismiss civil and military officers.
Article 42
The President may, in accordance with law, confer honors and decorations.
Article 43
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 Executive 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 44
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 45
Any citizen of the Republic of China who has reached the age of forty may be elected President or Vice President.
Article 46
The election of the President and the Vice President shall be prescribed by law.
Article 47
The President and the Vice President shall serve a term of six years. If re-elected, they may serve one more term.
Article 48
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 49
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 Executive Yuan shall act for the President and, in accordance with the provisions of Article 30 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 Executive Yuan shall act for the President
Article 50
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 Executive Yuan shall act for the President
Article 51
The period during which the President of the Executive Yuan acts for the President shall not exceed three months.
Article 52
Unless the President is guilty of rebellion or treason, he shall not be liable to criminal prosecution without having been recalled or relieved of his duties as President.
Chapter V Administration
Article 53
The Executive Yuan
shall be the highest administrative organ of the State.Article 54
The Exective Yuan shall have a President, a Vice President, and a number of Ministers and Chairmen of Commissions, and Ministers without Portfolio.
Article 55
(1) The President of the Exective Yuan shall be nominated and, upon confirmation by the Legislative Yuan, appointed by the President of the Republic.
(2) If the President of the Executive 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 Executive 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 selected as the next President of the Executive Yuan. Pending confirmation of the nominee, the Vice President of the Executive Yuan shall temporarily perform the duties and function of the President of th said Yuan.
Article 56
The Vice President of the Exective 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.
Article 57
The Executive Yuan shall be responsible to the Legislative Yuan in accordance with the following provisions:
1. The Executive 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 Executive Yuan and Ministers and Chairmen of Commissions of the said Yuan.
2. In case the Legislative Yuan does not agree with any major policy of the Executive Yuan, it may, by a formal resolution, request the Executive Yuan to change it. Confronted with the Legislative Yuan's resolution, the Executive 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 Executive Yuan shall either accede to the Legislative Yuan's view or tender his resignation.
3. In case the Executive 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 andwithin 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 Executive Yuan shall either abide by the Legislative Yuan's resolution or tender his resignation.
Article 58
(1) In the Executive Yuan there shall be an Executive Yuan Council to be composed of its President, Vice President, Ministers and Chairmen of Commissions, and Ministers without Portfolio, with its President as Chairman.
(2) 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 Executive Yuan Council by the President of the Executive Yuan and by the various Ministers and Chairmen of Commissions for its consideration and decision.
Article 59
The Executive 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 60
The Executive 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 61
The organization of the Executive Yuan shall be prescribed by law.
Chapter VI Legislation
Article 62
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 63
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 64
(1) Members of the Legislative Yuan shall be elected in accordance with the following provisions:
1. Those to be elected from the Provinces or 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; where the population exceeds 3,000,000, one additional Mem- ber shall be elected for each additional 1,000,000.
2. Those to be elected from Mongolian Leagues and Banners.
3. Those to be elected from Tibet.
4. Those to be elected by the ethnic groups in frontier regions.
5. Those to be elected by Chinese citizens residing abroad.
6. Those to be elected by occupational groups.
(2) The election of Members of the Legislative Yuan and the number of those to be elected under Items 2 to 6 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 65
Members of the Legislative Yuan shall serve a term of threeyears and shall be re-elegible. Their election shall be completed within three months prior to the expiration of each term.
Article 66
The Legislative Yuan shall have a President and a Vice President to be elected from among its Members.
Article 67
(1) The Legislative Yuan may set up various committees.
(2) 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 68
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 69
An extraordinary session of the Legislative Yuan may be held in either of the following circumstances:
1. At the request of the President of the Republic.
2. At the request of over one fourth of its own Members.
Article 70
The Legislative Yuan shall not propose any increase in the budget estimates submitted by the Executive Yuan.
Article 71
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 72
Law bills passed by the Legislative Yuan shall be transmitted to the President of the Republic and the Executive 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 57 of this Constitution.
Article 73
No Member of the Legislative Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan.
Article 74
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 75
No Member of the Legislative Yuan shall concurrently hold a government post.
Article 76
The organization of the Legislative Yuan shall be prescribed by law.
Chapter VII The Judiciary
Article 77
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 78
The Judicial Yuan
shall interpret the Constitution and shall have the power to unify the interpretation of laws and ordinances.Article 79
(1) 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.
(2) The Judicial Yuan shall have a number of Grand Justices to be responsible for the matters specified in Article 78 of this Constitution. The Grand Justices shall be nominated and, upon confirmation by the Control Yuan, appointed by the President of the Republic.
Article 80
Judges shall be impartial. They shall try cases independenly
, in accordance with law, and be free from any interference.Article 81
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 82
The organization of the Judicial Yuan and the different grades of law courts
shall be prescribed by law.Chapter VIII Examination
Article 83
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 84
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 85
Public employees shall be selected 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 86
The following qualifications shall be determined by examination and screening by the Examination Yuan in accordance with law:
1. Qualifications for appointment as public employees.
2. Qualifications for practice in specialized professions and as technicians.
Article 87
The Examination Yuan may, with respect to matters for which it is responsible, submit draft law bills to the Legislative Yuan.
Article 88
Members of the Examination Yuan shall be nonpartisan and shall exercise their functions independently, in accordance with law.
Article 89
The organization of the Examination Yuan shall be prescribed by law.
Chapter IX Control
Article 90
The Control Yuan shall be the highest control organ of the State. It shall exercise the powers of consent, impeachment, censure, and auditing.
Article 91
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:
1. Five Members for each Province.
2. Two Members for each Municipality under the direct jurisdiction of the Executive Yuan.
3. Eight Members for the Mongolian Leagues and Banners.
4. Eight Members for Tibet.
5. Eight Members for Chinese citizens residing abroad.
Article 92
The Control Yuan shall have a President and a Vice President to be elected from among its Members.
Article 93
Members of the Control Yuan shall serve a term of six years and may be re-eligible.
Article 94
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 95
In exercising its power of control, the Control Yuan may request the Executive Yuan and its Ministries and Commissions to make available to it any orders they have issued and all other relevant documents.
Article 96
The Control Yuan may, according to the work of the Executive 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 97
(1) The Control Yuan may, on the basis of the findings and resolutions of its committees, propose corrective measures and transmit them to the Executive Yuan and its Ministries and Commissions concerned with the request that corrective action be taken.
(2) 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 98
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 99
In case of impeachment of the personnel of the Judicial Yuan orof the Examination Yuan for dereliction of duty or violation of law, the provisions of Articles 95, 97, and 98 shall apply.
Article 100
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 101
No Member of the Control Yuan shall be held responsible outside the Yuan for opinions expressed or votes cast in the Yuan.
Article 102
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 103
No member of the Control Yuan shall concurrently hold any other public office or engage in any profession.
Article 104
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 105
The Auditor General shall, within three months after submission by the Executive Yuan of the final financial statement, complete the auditing thereof in accordance with law and submit an audit to the Legislative Yuan,
Article 106
The organization of the Control Yuan shall be prescribed by law.
Chapter X Powers of the Central and Local Governments
Article 107
The Central Government shall be competent to legislate and execute the following matters
:1. Foreign affairs.
2. National defense and military affairs bearing on national defense.
3. Nationality law and criminal, civil, and commercial laws.
4. The judiciary.
5. Aviation, national highways, State-owned railways, navigation, and postal and telecommunication services.
6. Central Government finance and national taxes.
7. Demarcation of national, provincial, and county taxes.
8. State-operated economic enterprises.
9. The currency system and State banks.
10. Weights and measures.
11. Foreign trade policy.
12. Financial and economic matters affecting aliens or foreign countries.
13. Other matters of the Central Government as provided by this Constitution.
Article 108
(1) The Central Government shall be competent to legislate and execute the following matters, which, however, may also be delegated to the provincial or county government to execute:
1. General principles of provincial and county self-government.
2. Demarcation of administrative areas.
3. Forestry, industry, mining, and commerce.
4. The educational system.
5. Banking and stock exchange.
6. Shipping and deep-sea fishery.
7. Public utilities.
8. Cooperative enterprises.
9. Interprovincial water and land communication and transportation.
10. Interprovincial water conservancy, waterways, agriculture, and animal husbandry.
11. Official grading, employment, surveillance, and security of tenure of officials in the Central and local governments.
12. Land legislation.
13. Labor legislation and other social legislatiom.
14. Right of eminent domain.
15. Census-taking and compilation of population statistics for the whole country.
16. Population migration and land reclamation.
17. The police system.
18. Public health.
19. Disaster relief, pension for the deceased's family, and unemployment relief.
20. Preservation of ancient books, ancient relics, and ancient monuments of cultural value.
(2) 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 109
(1) The Provincial Government
shall be competent to legislate and execute the following matters, which, however, may also be delegated to the county governments to execute:1. Provincial education, public health, industry, and communications.
2. Management and disposal of provincial property.
3. Administration of cities under provincial jurisdiction.
4. Provincial public enterprises.
5. Provincial cooperative enterprises.
6. Provincial agriculture, forestry, water conservancy, fishery, animal husbandry, and public works.
7. Provincial finance and provincial taxes.
8. Provincial debts.
9. Provincial banks.
10. Provincial police administration.
11. Provincial philanthropic and public welfare work.
12. Other matters delegated to the Provinces in accordance with national laws.
(2) 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.
(3) 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 110
(1) The county government shall be competent to legislate and execute the following matters:
1. County education, public health, industry, and communications.
2. Management and disposal of county property.
3. County public enterprises.
4. County cooperative enterprises.
5. County agriculture, forestry, water conservancy, fishery, animal husbandry, and public works.
6. County finance and taxes.
7. County debts.
8. County banks.
9. County police administration.
10. County philanthropic and public welfare work.
11. Other matters delegated to the County in accordance with national laws and Provincial Self-Government Regulations.
(2) 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 111
Any matter not specifically mentioned in Articles 107, 108, 109, and 110 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 1 The Province
Article 112
(1) 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.
(2) The organization of the Provincial People's Representatives Conference and the election of the Representatives shall be prescribed by law.
Article 113
(1) The Provincial Self-Government Regulations shall include the following provisions:
1. There shall be a Provincial Assembly; Members of the Provincial Assembly shall be elected by the people of the Province.
2. There shall be a Provincial Government and a Provincial Governor; the Provincial Governor shall be elected by the people of the Province.
3. Relationship between the Province and the Counties.
(2) The legislative powers of the Province shall be exercised by the Provincial Assembly.
Article 114
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 115
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 Executive 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 116
Provincial rules and regulations that contravene national laws shall be null and void.
Article 117
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 118
The self-government of Municipalities under the direct jurisdiction of the Executive Yuan shall be prescribed by law.
Article 119
The local self-government system of the Mongolian Leagues and Banners shall be prescribed by law.
Article 120
The system of self-government in Tibet shall be safeguarded.
Section 2 The County
Article 121
The County shall practise county self-government.
Article 122
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 123
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 124
(1) There shall be a County Council. Members of the County Council shall be elected by the people of the County.
(2) The legislative power of the County shall be exercised by the County Council.
Article 125
County rules and regulations that contravene national laws or provincial rules and regulations shall be null and void.
Article 126
There shall be a County Government and a Magistrate; the Magistrate shall be elected by the people of the County.
Article 127
The Magistrate shall have charge 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 128
The provisions governing the County shall apply mutatis mutandis to the Municipality.
Chapter XII Election, Recall, Initiative, and Referendum
Article 129
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 130
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 131
All candidates in the various kinds of election prescribed in this Constitution shall openly conduct their electoral campaigns.
Article 132
Intimidation or offer of pecuniary inducements shall be strictly forbidden in elections. Electoral litigations shall be settled by law courts.
Article 133
A person duly elected may be recalled by his constituency in accordance with law.
Article 134
In the various kinds of election, quotas of successful candidates shall be assigned to women; methods of implementation shall be prescribed by law.
Article 135
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 136
The exercise of the rights of initiative and referendum shall be prescribed by law.
Chapter XIII Fundamental National Politics
Section 1 National Defense
Article 137
(1) It shall be the objective of the national defense of the Republic of China to safeguard national security and preserve world peace.
(2) The organization of national defense shall be prescribed by law.
Article 138
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 139
No political party and no individual shall make use of armed forces as an instrument in the struggle for political power.
Article 140
No person in active military service shall concurrently hold a civil office.
Section 2 Foreign Policy
Article 141
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 Charter 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 3 The National Economy
Article 142
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 forthe people's livelihood.
Article 143
(1) 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.
(2) Mineral ores embedded 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.
(3) 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.
(4) 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 144
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 145
(1) 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.
(2) Cooperative enterprises shall receive encouragement and assistance from the State.
(3) Private citizens' productive enterprises and foreign trade shall receive encouragement, guidance, and protection by the State.
Article 146
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 147
(1) 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.
(2) 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 148
Within the territory of the Republic of China, all commodities shall be permitted to move freely from place to place.
Article 149
Financial institutions shall, in accordance with law, be subject to State control.
Article 150
The State shall widely establish financial institutions for the common people so as to relieve unemployment.
Article 151
With respect to Chinese citizens residing abroad, the State shall foster and protect the development of their economic enterprises.
Section 4 Social Security
Article 152
The State shall provide suitable opportunities for work to those persons who have the ability to work.
Article 153
(1) 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.
(2) Special protection shall be provided for women and children doing manual labor, according to their age and physical conditions.
Article 154
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 155
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 156
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 157
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 5 Education and Culture
Article 158
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 159
All citizens shall have an equal opportunity to receive education.
Article 160
(1) 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.
(2) All citizens above school age who have not received elementary education shall receive supplementary education free of charge and shall also be supplied with books by the Govern- ment.
Article 161
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 162
All public and private educational and cultural institutions in the country shall, in accordance with law, be subject to State supervision.
Article 163
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 164
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 165
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 166
The State shall encourage scientific discov- eries and inventions and shall protect ancient monuments and ancient relics of historical, cultural, or artistic value.
Article 167
The State shall encourage or subsidize the following enterprises or individuals:
1. Private educational enterprises with outstanding records.
2. Overseas Chinese educational enterprises with outstanding records.
3. Individuals who have made scholarly or technical inventions.
4. Educational workers who have rendered long and meritorious services.
Section 6 The Frontier Regions
Article 168
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 169
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 170
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 171
(1) Laws that contravene the Constitution shall be null andvoid.
(2) 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 172
Any ordinance that contravenes the Constitution or laws shall be null and void.
Article 173
The Constitution shall be interpreted by the Judicial Yuan.
Article 174
The Constitution shall be amended in accordance with either one of the following procedures:
1. 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.
2. 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 175
(1) Whenever necessary, enforcement procedures in regard to any matter referred to in this Constitution shall be separately prescribed by law.
(2) 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.