{ Adopted: 25 Dec 1946 / Status: 28 July 1994 }
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.
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.
Article 7
All citizens of the Republic of China, irrespective of sex,
religion, ethnic origin, class, or party affiliation, shall be
equal
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
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
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
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
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.
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.
Article 35
The President
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.
Article 53
The Executive Yuan
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
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.
Article 62
The Legislative Yuan
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.
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
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
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
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.
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.
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
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.
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.
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.
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.
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
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.
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.
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.
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.