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.
the sovereignty of the Republic of China shall
reside in the whole body of citizens.
Persons with the nationality of the Republic of
China shall be citizens of the Republic of China
The territory of Republic of China within
its existing national boundaries shall not be altered except by
a resolution of the National Assembly.
The National Assembly shall be composed of the following Delegates:
The functions of the National Assembly shall be as follows:
A new election for Delegates to the National Assembly shall be held every six
years. The term of office of the Delegates to each National Assembly shall
terminate on the day the next National Assembly convenes. No incumbent
government official may be elected a Delegate to the National Assembly to
represent the electoral district in width he holds office.
The National Assembly shall be convoked by the President to meet ninety days
prior to the expiration of each Presidential term.
An extraordinary session of the National Assembly shall be convoked in any one
of the following circumstances:
The National Assembly shall meet at the seat of Central Government.
No Delegate to the National Assembly shall be held responsible outside the
Assembly for opinions expressed or votes cast at meeting of the Assembly.
citizens residing abroad shall be prescribed by law.
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
have exercised their right of initiative and referendum in their respective jurisdictions.
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 President of the Republic.
The President shall be the Chief of State and shall represent the Republic of China in foreign relation.
The President shall have supreme command of the army, navy, and air force of the
country.
The President shall, in accordance with law, promulgate law and issue mandates
with the countersignatures of both the President of the Executive Yuan and
the Ministers or Chairmen of Commissions concerned.
The President shall , in accordance with the provisions of this Constitution
,exercise the powers of concluding treaties, declaring war, and making peace.
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.
The President shall , in accordance with law, exercise the powers the powers
of amnesty, pardon, remission of sentence, and restitution civil and
military officers.
The President shall, in accordance with law, appoint and dismiss civil and
military officers.
The President may, in accordance with law, confer honors and decorations.
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.
In case of disputes, involving two or more Yuan, other than those for which
provision are made in this Constipation, the President may call a meeting of
the Presidents of the Yuan concerned to work out a solution therefor.
Any citizen of the Republic of China who has reached the age of forty may be
elected President or Vice President.
The elected President or Vice President shell be prescribed by law.
The President and the Vice President shell serve a term of six years. If
re-elected, they may serve one more term.
On assuming office, the President shall talk 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 Break my oath, I will submit myself
to sever punishment by the State. This is my solemn oath."
In case the office of the President should become vacant, the Vice President
shall succeed to it until the expiration of the original term. In case the
office of both the President and the Vice President should become vacant, the
President and the Executive Yuan shall act for the President and,in accordance
with the provision 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.
The President shall be relieved of this duties on the day this 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.
The Executive Yuan shall be the highest administrative organ of the state.
The Executive Yuan shall have a President, a
Vice President, and a number of Ministers and Chairmen of
Commissions, and Ministers without Portfolio.
The President of the Executive Yuan shall be
nominated and, upon confirmation by the legislative Yuan,
appointed by the President of the Republic.
The Vice President of the Executive Yuan,
Ministers and Chairmen of Commissions, and ministers without
Portfolio shall be appointed by the President of the Republic
upon the recommendation of the President of the Executive Yuan.
The Executive Yuan shall be responsible to
the Legislative Yuan in accordance with the following provisions:
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.
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 .
The Executive Yuan shall, three months
after the end of each fiscal year, submit to the control Yuan
a final financial statement of the year.
The organization of the Executive Yuan shall be prescribed by law.
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.
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.
Members of the Legislative Yuan shall be elected in accordance with the
following provision:
Members of the Legislative Yuan shall serve a term of three years and shall
be re-eligible. Their election shall be completed within three months prior
to the expiration of each term.
The Legislative Yuan shall have a President and a Vice President to be elected
from among its Members.
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.
An extraordinary session of the Legislative Yuan may be held in either of the
following circumstances:
The Legislative Yuan shall not propose any increase in the budget estimates
submitted by the Executive Yuan.
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.
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.
No Member of the Legislative Yuan shall be held responsible outside the Yuan
for opinions expressed or votes cast in the Yuan.
No Member of the Legislative Yuan shall, except in case of flagrante delicto,be
arrested or detained without the permission of the Legislative Yuan.
No Member of the Legislative Yuan shall concurrently hold a government post.
The organization of the Legislative Yuan shall be prescribed by law.
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.
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.
The Judicial Yuan shall interpret the Constitution and shall have the power to
unify the interpretation of laws and ordinances.
The Judicial Yuan shall have a President and a Vice President. The President
and the Vice President of the Judicial Yuan, appointed by the President of
the Republic.
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.
Judges shall be nonpartisan. They shall try cases independently, in accordance
with law, and be free from any interference.
The Examination Yuan shall be the highest
examination organ of the State. It shall be responsible for
matter 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.
The Examination Yuan shall have a President,
Public employees shall be selected through a
The following qualifications shall be deter-
The Examination may, with respect to
Members of the Examination Yuan shall be
The organist of the Examination Yuan
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.
system of open, competitive examination. Provincial and area
quotes shall be fixed and examination shall be held in
different areas. No person shall be appointed to a public
office unless he has successfully passed such an examination.
mined by examination and screening by Examination Yuan
in accordance with law:
and as technicians.
matter for which it is responsible, submit draft law bills to
the Legislative Yuan.
nonpartisan and shall exercise their function independently,
in accordance with law.
shall be prescribed by law.
The Control Yuan shall be the highest control organ of the State. It shall exercise the powers of consent, impeachment, censure, and auditing.
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:
The Control Yuan shall have a President and a Vice President to be elected from
among its Members.
Members of the Control Yuan shall serve a term of six years and may be
re-eligible.
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.
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.
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.
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.
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.
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.
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 of this Constitution shall apply.
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 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.
No Member of the Control Yuan shall be held responsible outside the Yuan for
opinions expressed or votes cast in the Yuan.
No Member of the Control Yuan shall, except in case of flagrante delicto, be
arrested or detained without the permission of the Control Yuan.
No member of the Control Yuan shall Concurrently hold any other public office or
engage in any profession.
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.
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.
The organization of the Control Yuan shall be prescribed by law.
The Central Government shall be competent to legislate and execute the following
matters, which, however, may also be delegated to the provincial or county self-
government to execute:
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:
In case any of the Province 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.
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.
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 by the Provinces concerned.
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.
The organization of the Provincial People's Representatives Conference and the
election of the Representatives shall be prescribed by law.
The Provincial Self-Government Regulations shall include the following
provisions:
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.
If, in the course of implementing the Provincial Self-Government Regulations,
there should arise any serious obstacle in the application 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,and the Control Yuan shall form themselves into a committee
under the President of the Judicial Yuan to propose a formula for solution.
Provincial rules and regulations that contravene national laws shall be null
and void.
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.
The self-government of Municipalities under the direct jurisdiction of the
Executive Yuan shall be prescribed by law.
The local self-government system of the Mongolian Leagues and Banners shall be
prescribed by law.
The system of self-government in Tibet shall be safeguarded.
Section 2. THE COUNTY
The County shall practice county self-government.
A County may convoke a County People's Representatives Conference to draw up,in
accordance with the General Principles of Provincial County Self-Government,
a set of County Self-Government Regulation which,however,shall not
contravene the
Constitution and the Provincial Self-Government Regulations.
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.
There shall be a County Council. Members of the County Council shall be elected
by the people of the County.
The legislative power of the County shall be exercised by the County Council.
County rules and regulations that contravene national laws or provincial rules
and regulations shall be null and void.
There shall be a County Government and a Magistrate; the Magistrate shall be the
people of the County.
The Magistrate shall have charge of all matters relating to county
self-government and shall administer such matters as are delegate to County by
the Central and Provincial Governments.
The provisions governing the County shall apply mutatis mutandis to the
Municipality. .
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.
Any citizen of the Republic of China who has attained the age twenty have the
right of election in accordance with law. Unless 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.
All candidates in the various kinds of election prescribed in this Constitution
shall openly conduct their electoral campaigns.
Intimidation or offer of pecuniary inducements shall be strictly forbidden in
elections. Electoral litigations shall be settled by law courts.
A person duly elected may be recalled by his constituency in accordance with
law.
In the various kinds of election,quotas of successful candidates shall be
assigned to women;methods of implementation shall be prescribed by law.
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.
The exercise of the rights of initiative and referendum shall be prescribed by
law.
It shall be the objective of the national defense of the Republic of China to
safeguard national security and preserve world peace.
The organization of national defense shall be prescribed by law.
The army, navy, and air force of the nation shall rise above personal, regional,
regional, and party affiliations and shall be loyal to the state and love and
protect the people.
No political party and no individual shall make use of armed forces as an
instrument in the struggle for political power.
No person inactive military service shall concurrently hold a civil office.
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 so as to protect
the right and interests of Chinese citizens residing abroad, foster
international justice, and insure world peace.
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.
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
in accordance with law, shall pay taxes according to its value and may be
purchased by the Government according to its value.
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 many have been acquired by private individuals.
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.
In the distribution and re-adjustment of land, the State shall, in principle,
assist owner-farmers and owner-users of land and shall also regulate their
appropriate areas of operation.
Public utilities and other enterprises of a monopolistic nature, in principle,
shall be under public operation.In cases permitted by law,they maybe operated
by private citizens.
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.
Cooperative enterprises shall receive encouragement and assistance from the State
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.
The Central Government, in order to achieve a balanced development of the economy
of the various Provinces, shall extend appropriate financial assistance to the
poorer and less productive Counties.
Within the territory of the Republic of China, all commodities shall be permitted
to move freely from place to place.
Financial institutions shall, in accordance with law, be subject to State control.
The State shall widely establish financial institutions for the common people so
as to relieve unemployment
With respect to Chinese citizens residing abroad, the State shall foster and
protect development of their economic enterprises.
The State shall provide suitable opportunities for work to those person who have
the ability to work.
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.
Special protection shall be provided for women and children doing manual labor,
according to their age and physical conditions.
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.
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.
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.
The State, in order to improve national health, shall establish extensive
services for sanitation and health protection and a system of public medical
care.
Education and culture shall aim at the development, among the citizens, of the
national spirit, the spirit of self-government, national morality to earn a
living.
All citizens shall have an equal opportunity to receive education.
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.
All public and private educational and cultural institutions in the country
shall, in accordance with law, be subject to State supervision.
The State shall pay due attention to the balanced development of education in
different regions and shall promote social 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 mode to frontier regions
and cultural expenses. The Central Government may cultural enterprises in such
regions and areas or render them financial assistance.
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 Municipal or County budget. Educational and cultural foundations
established in accordance with law, and their property, shall be protected.
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.
The State shall encourage scientific discoveries and inventions and shall
protect monuments and ancient relics of historical, cultural, or artistic value.
The State shall encourage or subsidize the following enterprises or individuals:
The State shall accord to various ethnic groups in the frontier regions legal
protection of their status and shall give special assistance to their work in
local self-government.
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.
Any ordinance that contravenes the Constitution or laws shall be null and void.
The Constitution shall be interpreted by the Judicial Yuan.
Members for the seats set forth in Items 3 and 4 of the preceding
paragraph shall be elected according to a formula for proportional
representation among political parties. If the number of seats
allotted to a Special Municipality, county or city covered under Item
1, or if the number of seats won by a political party under Item 3 or
4 of the preceding paragraph is between five and ten, then one of the
seats stipulated in the pertaining item shall be reserved for a female
candidate. Where the number exceeds ten, one seat out of each
additional ten shall be reserved for a female candidate.
The powers of hte National Assembly shall be as follows
notwithstanding the provisions in Article 27, Paragraph 1, Items 1 and
2 of the Constitution:
The National Assembly meets to exercise the powers prescribed in Item
1 or Items 4 through 6 of the preceding paragraph, or when requested
by no less than two-fifths of its members, the session shall be
convoked by the President. When it meets to exercise the powers
prescribed in Item 2 or 3 of the preceding paragraph, the session
shall be convoked by the speaker of the National Assembly
or by the President of the Legislative Yuan prior to the establishment
of the office of the speaker. The provisions in Articles 29 and 30 of
the Constitution shall not apply.
When the National Assembly convenes, it shall hear a report on state
of the nation by the President, discuss national affairs, and offer
counsel. In the event that the National Assembly has not convened for
over a year, the President shall convoke an extraordinary session for
the aforementioned purpose notwithstanding the restrictions in Article
30 of the Constitution.
Beginning with the Third National Assembly, delegates to the National
Assembly shall be elected every four years and the provisions in
Article 28, Paragraph 1 of the Constitution shall not apply.
The term of office for the members of the Second National Assembly
shall expire on May 19, 1996, and the term of office for the members
of the Third National Assembly shall begin on May 20, 1996. The
provisions in Article 28, Paragraph 2 of the Constitution shall not
apply.
Beginning with the Third National Assembly, the Assembly shall have a
speaker and a deputy speaker who shall be elected by the members of
the Assembly from amongst themselves. The speaker shall represent
the National Assembly and preside over its meetings.
The procedure for the exercise of powers by the National Assembly
shall be determined by the Assembly itself. The provisions in Article
34 of the Constitution shall not apply.
Presidential orders to appoint or remove from office personnel
appointed with the confirmation of the National Assembly or
Legislative Yuan in accordance with the Constitution do not require
the countersignature of the President of the Executive Yuan. The
provisions in Article 37 of the Constitution shall not apply.
Orders to remove the President of the Executive Yuan from office shall
take effect after the new nominee to this office has been confirmed by
the Legislative Yuan.
The President may, by resolution of a council of the Executive Yuan,
issue emergency orders and take all necessary measures to avert an
imminent danger to the security of the State or of the people or to
cope with any serious financial or economic crisis, without being
subject to the restrictions prescribed in Article 43 of the
Constitution. However, such orders shall, within 10 days of issuance,
be presented to the Legislative Yuan for confirmation. Should the
Legislative Yuan withhold confirmation, the said emergency orders
shall forthwith cease to be valid.
To determine major policies for national security, the President may
establish the National Security Council and its subsidiary organ, the
National Security Bureau. The organization of the said organs shall be
stipulated by law.
Beginning with the ninth presidential term, the term of office for
both the President and the Vice President shall be four years. The
President and the Vice President may be re-elected for a second term;
and the provisions in Article 47 of the Constitution shall not apply.
Should the office of the Vice President become vacant, the President
shall nominate a candidate within three months and convoke the
National Assembly to elect a new Vice President, who shall serve out
the original term until its expiration.
Should the offices of both the President and the Vice President become
vacant, the President of the Executive Yuan shall exercise the
official powers of the President and the Vice President. A new
president and a new Vice President shall be elected in
accordance with Paragraph 1 of this Article and shall serve out each
respective original term until its expiration. Article 49 of the
Constitution shall not apply.
Recall of the President and the Vice President shall be motioned by
one-fourth of all delegates to the National Assembly, proposed with
the concurrence of two-thirds of such delegates, and passed by more
than half of the valid ballots to recall cast by more than half of all
voters in the free area.
The President and the Vice President shall be dismissed from office
should an impeachment proposal by the Control Yuan submitted to the
National Assembly be passed by two-thirds of all delegates in the
National Assembly.
The members set forth in Items 3 and 4 above shall be elected in
accordance with the formula for proportional representation among
political parties. If the number of seats allotted to a province or
Special Municipality set forth in Item 1 above; or if the number of
seats won by a political party under Item 3 or 4 above is between five
and ten, then one of the seats stipulated in the pertaining paragraph
shall be reserved for a female candidate. Where the number exceeds
ten, one seat out of each additional ten shall be reserved for a
female candidate.
The Grand Justices of the Judicial Yuan shall, in addition to
discharging their duties according to Article 78 of the Constitution,
also form a Constitutional Court to adjudicate matters relating to the
dissolution of unconstitutional political parties.
A political party shall be unconstitutional if its goals or activities
jeopardize the existence of the Republic of China or free, democratic
constitutional order.
The Examination Yuan shall have a president, a vice president, and
several members, all of whom shall be nominated and, with the consent
of the National Assembly, appointed by the President; and the
provisions in Article 84 of the Constitution shall not apply.
The provisions in Article 85 of the Constitution concerning holding
examinations in different areas, with prescribed numbers of persons to
be selected according to various provinces and areas, shall cease to
apply.
The Control Yuan shall have 29 members, including a president and a
vice president, all of whom shall serve a term of six years and shall
be nominated and, with the consent of the National Assembly, appointed
by the President. The provisions from Article 91 through Article 93 of
the Constitution shall not apply.
Impeachment proceedings by the Control Yuan against a public
functionary in the central government, any local government, or
against personnel of the Judicial Yuan or the Examination Yuan shall
be initiated by two or more members of the Control Yuan, and be
investigated and voted upon by a committee of not less than nine of
its members notwithstanding the restrictions in Article 98 of the
Constitution.
In the case of impeachment by the Control Yuan of Control Yuan
personnel for dereliction of duty or violation of the law, the
provisions of Article 95 and Article 97, Paragraph 2 of the
Constitution, as well as the foregoing paragraph shall apply.
A motion by the Control Yuan impeaching the President or the Vice
President must be initiated by more than half of all the members of
the Control Yuan and passed by more than two-thirds of all such
members for it to be submitted to the National Assembly
notwithstanding the restrictions in Article 100 of the Constitution.
Members of the Control Yuan must be beyond party affiliation and
independently exercise their powers and discharge their
responsibilities in accordance with the law.
The provisions in Articles 101 and 102 of the Constitution shall cease
to apply.
Environmental and ecological protection shall be given equal
consideration with economic and technological development.
The State shall manage government-run financial organizations in line
with the principles of business administration. The management,
personnel, budgets, final accounts, and audit of the government-run
financial organization shall be specially regulated by law.
The State shall inaugurate universal health insurance coverage and
promote the research and development of both modern and traditional
medicines.
The State shall protect the dignity of women, safeguard their personal
safety, eliminate sexual discrimination, and further substantive
equality between the sexes.
The State shall safeguard the rights of the handicapped and disabled
to insurance, medical care, education, training, employment
assistance, support for daily living needs and relief, so as to help
them attain independence and further their careers.
The State shall accord to the aborigines in the free area legal
protection of their status and the right to political participation.
It shall also provide assistance and encouragement for their
education, cultural preservation, social welfare and business
undertakings. The same protection and assistance shall be given to the
people of Kinmen and Matsu areas.
The State shall accord to Chinese nationals residing overseas
protection of their rights to political participation.
Chapter XIII. FUNDAMENTAL NATIONAL POLICES
Section 1. NATIONAL DEFENSE
Chapter XIV. ENFORCEMENT AND AMENDMENT OF THE
CONSTITUTION
ADDITIONAL ARTICLES OF THE CONSTITUTION OF THE
REPUBLIC OF CHINA
To meet the requisites of national unification, the
following
additional articles are added to the ROC Constitution in accordance
with Article 27, Paragraph 1, Item 3, and Article 174, Item 1:
Article 1
Members of the National Assembly shall be elected according
to the following provisions without being subject to the restrictions
in Articles 26 and 135 of the Constitution:
1. Two members shall be elected from each Special Municipality, each
county or city in the free area. However, where the population exceeds
100,000, one member shall be added for each additional 100,000
persons.
2. Three members each shall be elected from the lowland and highland
aborigines in the free area.
3. Twenty members shall be elected from the Chinese citizens who
reside abroad.
4. Eighty members shall be elected from one nationwide constituency.
1. To elect the Vice President in accordance with Article 2, Paragraph
7 of the Additional Articles when said office becomes vacant.
2. To recall the President and Vice President in accordance with
Artiale 2, Paragraph 9 of the Additional Articles.
3. To pass a resolution on the impeachment of the President or Vice
President instituted by the Control Yuan in accordance with Article 2,
Paragraph 10 of the Additional Articles.
4. To amend the Constitution in accordance with Article 27, Paragraph
1, Item 3 and Article 174, Item 1 of the Constitution.
5. To vote on proposed Constitutional amendments submitted by the
Legislative Yuan by way of referendum in accordance with Article 27,
Paragraph 1, Item 4 and Article 174, Item 2 of the Constitution.
6. To confirm the appointment of personnel nominated by the President
in accordance with Areicle 4, Paragraph 1; Article 5, Paragraph 2; and
Article 6, Paragraph 2 of the Additional Articles.
Article 2
The President and Vice President shall be directly elected
by the entire populance of the free area of the Republic of China.
This shall be effective from the election for the ninth-term President
and Vice President in 1996. The presidential and vice presidential
candidates shall register jointly and be slated as a pair on the
ballot. The pair that receive the highest number of votes shall be the
winners of the election. Citizens of the free area of the Republic of
China residing abroad may return to the ROC to exercise their
electoral rights and this shall be stipulated by law.
Article 3
Members of the Ligislative Yuan shall be elected according
to the following provisions without being subject to the restrictions
in Article 64 of the Constitution:
1. Two members shall be elected from each province and each Special
Municipality in the free area. Where the population exceeds 200,000,
however, one member will be added for each additional 100,000 persons;
and where the population exceeds one million, one member will be added
for each additional 200,000 persons.
2. Three members shall be elected from the lowland and highland
aborigines in the free area.
3. Six members shall be elected from the Chinese citizens who reside
abroad.
4. Thirty members shall be elected from one nationwide constituency.
Article 4
The Judicial Yuan shall have a president, a vice president,
and a certain number of Grand Justices, all of whom shall be nominated
and, with the consent of the National Assembly, appointed by the
President; and the pertinent provisions in Article 79 of the
Constitution shall not apply.
Article 5
The Examination Yuan shall be the highest examination body
of the State, and shall be responsible for the following matters; and
the provisions in Article 83 of the Constitution shall not apply:
1. All examination-related matters;
2. All matters relating to the qualification screening, security of
tenure, pecuniary aid in case of death, and retirement of civil
servants; and
3. All legal matters relating to the employment, discharge,
performance evaluation, scale of salaries, promotion, transfer,
commendation and award for civil servants.
Article 6
The Control Yuan shall be the highest control body of the
State and shall exercise the powers of impeachment, censure and audit;
and the provisions in Article 90 and 94 of the Constitution concerning
exercising the power of consent shall not apply.
Article 7
The remuneration and pay of the members of the National
Assembly and the Legislative Yuan shall be regulated by law. In
addition to the general case of annual adjustment, regulations on
individual increase of remuneration and pay shall go into effect
starting with the subsequent National Assembly or Legislative Yuan.
Article 8
The system of local governments in the provinces and
counties shall include the following provisions, which shall be
established by the the enactment of appropriate laws notwithstanding
the restrictions in Article 108, Paragraph 1, Item 1; Articles 112
through 115; and Article 122 of the Constitution:
1. There shall be a provincial assembly in each province and a county
council in each county. Members of the provincial assembly and the
county council shall be elected by the people of the province and the
people of the county, respectively.
2. The legislative power of a province and that of county shall be
exercised by the provincial assembly and the county council,
respectively.
3. In a province, there shall be a provincial government with a
provincial governor. In a county, there shall be a county government
with a county magistrate. The provincial governor and the county
magistrate shall be elected by the people of the province and the
people of the county, respectively.
4. The relationship between the province and the county.
5. The self-governance of province is subject to supervision by the
Executive Yuan, while the self-governance of counties is subject to
supervision by the provincial government.
Article 9
The State shall encourage development of and investment in
science and technology, facilitate the upgrade of industry, promote
the modernization of agriculture and fishery, emphasize the
exploitation and utilization of water resources, and intensify
international economic cooperation.
Article 10
Rights and obligations between the people of the mainland
China area and those of the free area, and the disposition of other
related affairs shall be specially regulated by law.