Taiwan Constitution
Taiwan
Constitution
{ 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 court to 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 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 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 three years 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 or of 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
for the 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 and void.
(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.
© 1994 - 15. Feb. 2004 / For
corrections please contact A. Tschentscher.
NOTE: This information was copied
directed from:
http://www.oefre.unibe.ch/law/icl/tw00000_.html