"THE CONSTITUTIONAL COMPACT"
Drafted by Dr. Frank Johnson Goodnow, Legal Adviser to Yuan Shih-kai, and promulgated on May 1, 1914
CHAPTER I.—THE NATION
Article 1. The Chung Hua Min Kuo is organized by the people of Chung Hua.
Art. 2. The sovereignty of Chung Hua Min Kuo originates from the whole body of the citizens.
Art. 3. The territory of the Chung Hua Min Kuo is the same as that possessed by the former Empire.
CHAPTER II.—THE PEOPLE
Art. 4. The people of the Chung Hua Min Kuo are all equal in law, irrespective of race, caste, or religion.
Art. 5. The people are entitled to the following rights of liberty:—
(1) No person shall be arrested, imprisoned, tried, or punished except in accordance with law.
(2) The habitation of any person shall not be entered or searched except in accordance with law.
(3) The people have the right of possession and protection of property and the freedom of trade within the bounds of law.
(4) The people have the right of freedom of speech, of writing and publication, of meeting and organizing association, within the bounds of law.
(5) The people have the right of the secrecy of correspondence within the bounds of law.
(6) The people have the liberty of residence and removal, within the bounds of law.
(7) The people have freedom of religious belief, within the bounds of law.
Art. 6. The people have the right to memorialize the Li Fa Yuan according to the provisions of law.
Art. 7. The people have the right to institute proceedings at the judiciary organ in accordance with the provisions of law.
Art. 8. The people have the right to petition the administrative organs and lodge protests with the Administrative Court in accordance with the provisions of law.
Art. 9. The people have the right to attend examinations held for securing officials and to join the public service in accordance with the provisions of law.
Art. 10. The people have the right to vote and to be voted for in accordance with the provisions of law.
Art. 11. The people have the obligation to pay taxes according to the provisions of law.
Art. 12. The people have the obligation to serve in a military capacity in accordance with the provisions of law.
Art. 13. The provisions made in this Chapter, except when in conflict with the Army or Naval orders and rules, shall be applicable to military and naval men.
CHAPTER III.—THE PRESIDENT
Art. 14. The President is the Head of the nation, and controls the power of the entire administration.
Art. 15. The President represents the Chung Hua Min Kuo.
Art. 16. The President is responsible to the entire body of citizens.
Art. 17. The President convokes the Li Fa Yuan, declares the opening, the suspension and the closing of the sessions.
The President may dissolve the Li Fa Yuan with the approval of the Tsan Cheng Yuan; but in that case he must have the new members elected and the House convoked within six months from the day of dissolution.
Art. 18. The President shall submit Bills of Law and the Budget to the Li Fa Yuan.
Art. 19. For the purposes of improving the public welfare or enforcing law or in accordance with the duties imposed upon him by law, the President may issue orders and cause orders to be issued, but he shall not alter the law by his order.
Art. 20. In order to maintain public peace or to prevent extraordinary calamities at a time of great emergency when time will not permit the convocation of the Li Fa Yuan, the President may, with the approval of the Tsan Cheng Yuan [Senate], issue provisional orders which shall have the force of law; but in that case he shall ask the Li Fa Yuan [House of Representatives] for indemnification at its next session.
The provisional orders mentioned above shall immediately become void when they are rejected by the Li Fa Yuan.
Art. 21. The President shall fix the official systems and official regulations. The President shall appoint and dismiss military and civil officials.
Art. 22. The President shall declare war and conclude peace.
Art. 23. The President is the Commander-in-Chief of, and controls, the Army and Navy of the whole country. The President shall decide the system of organization and the respective strength of the Army and Navy.
Art. 24. The President shall receive the Ambassadors and Ministers of the foreign countries.
Art. 25. The President makes treaties.
But the approval of the Li Fa Yuan must be secured if the articles should change the territories or increase the burdens of the citizens.
Art. 26. The President may, according to law, declare Martial Law.
Art. 27. The President may confer titles of nobility, decorations and other insignia of honour.
Art. 28. The President may declare general amnesty, special pardon, commutation of punishment, or restoration of rights. In case of general amnesty the approval of the Li Fa Yuan must be secured.
Art. 29. When the President, for any cause, vacates his post or is unable to attend to his duties, the Vice-President shall assume his duties and authority in his stead.
CHAPTER IV.—THE LEGISLATURE
Art. 30. Legislation shall be done by the Legislature organized with the members elected by the people.
The organization of the Legislature and the method of electing the legislative members shall be fixed by the Provisional Constitution Conference.
Art. 31. The duties and authorities of the Li Fa Yuan shall be as follows:
(1) To discuss and pass all bills of law.
(2) To discuss and pass the Budget.
(3) To discuss and pass or approve articles relating to raising of public loans and national financial responsibilities.
(4) To reply to the inquiries addressed to it by the Government.
(5) To receive petitions of the people.
(6) To bring up bills on law.
(7) To bring up suggestions and opinions before the President regarding law and other affairs.
(8) To bring out the doubtful points of the administration and request the President for an explanation; but when the President deems it necessary for a matter to be kept secret he may refuse to give the answer.
(9) Should the President attempt treason the Li Fa Yuan may institute judicial proceedings in the Supreme Court against him by a three-fourths or more vote of a four-fifths attendance of the total membership.
Regarding the clauses from 1 to 8 and articles 20, 25, 28, 55 and 27, the approval of a majority of more than half of the attending members will be required to make a decision.
Art. 32. The regular annual session of the Li Fa Yuan will be four months in duration; but when the President deems it necessary it may be prolonged. The President may also call special sessions when it is not in session.
Art. 33. The meetings of the Li Fa Yuan shall be "open sessions," but they may be held in secret at the request of the President or the decision of the majority of more than half of the members present.
Art. 34. The law bills passed by the Li Fa Yuan shall be promulgated by the President and enforced.
When the President vetoes a law bill passed by the Li Fa Yuan he must give the reason and refer it again to the Li Fa Yuan for reconsideration. If such bill should be again passed by a two-thirds vote of the members present at the Li Fa Yuan but at the same time the President should firmly hold that it would greatly harm the internal administration or diplomacy to enforce such law or there will be great and important obstacles against enforcing it, he may withhold promulgation with the approval of the Tsan Cheng Yuan.
Art. 35. The Speaker and vice-Speaker of the Li Fa Yuan shall be elected by and from among the members themselves by ballot. The one who secures more than half of the votes cast shall be considered elected.
Art. 36. The members of the Li Fa Yuan shall not be held responsible to outsiders for their speeches, arguments and voting in the House.
Art. 37. Except when discovered in the act of committing a crime or for internal rebellion or external treason, the members of the Li Fa Yuan shall not be arrested during the session period without the permission of the House.
Art. 38. The House laws of the Li Fa Yuan shall be made by the House itself.
CHAPTER V.—THE ADMINISTRATION
Art. 39. The President shall be the Chief of the Administration. A Secretary of State shall be provided to assist him.
Art. 40. The affairs of the Administration shall be separately administered by the Ministries of Foreign Affairs, of Interior, of Finance, of Army, of Navy, of Justice, of Education, of Agriculture and Commerce and of Communications.
Art. 41. The Minister of each Ministry shall control the affairs in accordance with law and orders.
Art. 42. The Secretary of State, Ministers of the Ministries and the special representative of the President may take seats in the Li Fa Yuan and express their views.
Art. 43. The Secretary of State or any of the Ministers when they commit a breach of law shall be liable to impeachment by the Censorate (Suchengting) and trial by the Administrative Court.
CHAPTER VI.—THE JUDICIARY
Art. 44. The judicial power shall be administered by the Judiciary formed by the judicial officials appointed by the President.
The organization of the Judiciary and the qualifications of the Judicial officials shall be fixed by law.
Art. 45. The Judiciary shall independently try and decide cases of civil and criminal law suits according to law. But with regard to administrative law suits and other special law cases they shall be attended to according to the provisions of this law.
Art. 46. As to the procedure the Supreme Court should adopt for the impeachment case stated in clause 9 of article 31, special rules will be made by law.
Art. 47. The trial of law suits in the judicial courts should be open to the public; but when they are deemed to be harmful to peace and order or good custom, they may be held in camera.
Art. 48. The judicial officials shall not be given a reduced salary or shifted from their posts when functioning as such, and except when a sentence has been passed upon him for punishment or he is sentenced to be removed, a judicial official shall not be dismissed from his post.
The regulations regarding punishment shall be fixed by law.
CHAPTER VII.—THE TSAN CHENG YUAN
Art. 49. The Tsan Cheng Yuan shall answer the inquiries of the President and discuss important administrative affairs.
The organization of the Tsan Cheng Yuan shall be fixed by the Provisional Constitution Conference.
CHAPTER VIII.—FINANCES
Art. 50. Levying of new taxes and dues and change of tariff shall be decided by law.
The taxes and dues which are now in existence shall continue to be collected as of old except as changed by law.
Art. 51. With regard to the annual receipts and expenditures of the nation, they shall be dealt with in accordance with the Budget approved by the Li Fa Yuan.
Art. 52. For special purposes continuous expenditures for a specified number of years may be included in the budget.
Art. 53. To prepare for any deficiency of the budget and expenses needed outside of the estimates in the budget, a special reserve fund must be provided in the budget.
Art. 54. The following items of expenditures shall not be cancelled or reduced except with the approval of the President:—
1. Any duties belonging to the nation according to law.
2. Necessities stipulated by law.
3. Necessities for the purpose of carrying out the treaties.
4. Expenses for the Army and Navy.
Art. 55. For national war or suppression of internal disturbance or under unusual circumstances when time will not permit to convoke the Li Fa Yuan, the President may make emergency disposal of finance with the approval of the Tsan Cheng Yuan, but in such case he shall ask the Li Fa Yuan for indemnification at its next session.
Art. 56. When a new Budget cannot be established, the Budget of the previous year will be used. The same procedure will be adopted when the Budget fails to pass at the time when the fiscal year has begun.
Art. 57. When the closed accounts of the receipts and expenditures of the nation have been audited by the Board of Audit, they shall be submitted by the President to the Li Fa Yuan for approval.
Art. 58. The organization of the Board of Audit shall be fixed by the Provisional Constitution Conference.
CHAPTER IX.—PROCEDURE OF CONSTITUTION MAKING
Art. 59. The Constitution of Chung Hua Min Kuo shall be drafted by the Constitution Draft Committee, which shall be organized with the members elected by and from among the members of the Tsan Cheng Yuan. The number of such drafting Committee shall be limited to ten.
Art. 60. The Bill on the Constitution of Chung Hua Min Kuo shall be fixed by the Tsan Cheng Yuan.
Art. 61. When the Bill on the Constitution of the Chung Hua Min Kuo has been passed by the Tsan Cheng Yuan, it shall be submitted by the President to the Citizens' Conference for final passage.
The organization of the Citizens' Conference shall be fixed by the Provisional Constitution Conference.
Art. 62. The Citizens' Conference shall be convoked and dissolved by the President.
Art. 63. The Constitution of Chung Hua Min Kuo shall be promulgated by the President.
CHAPTER X.—APPENDIX
Art. 64.—Before the Constitution of Chung Hua Min Kuo comes into force this Provisional Constitution shall have equal force to the Permanent Constitution.
The order and instructions in force before the enforcement of this Provisional Constitution shall continue to be valid, provided that they do not come into conflict with the provisions of this Provisional Constitution.
Art. 65. The articles published on the 12th of the Second Month of the First Year of Chung Hua Min Kuo, regarding the favourable treatment of the Ta Ching Emperor after his abdication, and the special treatment of the Ching Imperial Clan, as well as the special treatment of the Manchus, Mongols, Mahommedans and Tibetans shall never lose their effect.
As to the Articles dealing with the special treatment of Mongols in connexion with the special treatment articles, it is guaranteed that they shall continue to be effective, and that the same will not be changed except by law.
Art. 66. This Provisional Constitution may be amended at the request of two-thirds of the members of the Li Fa Yuan, or the proposal of the President, by a three-fourths majority of a quorum consisting of four-fifths or more of the whole membership of the House. The Provisional Constitution Conference will then be convoked by the President to undertake the amendment.
Art. 67. Before the establishment of the Li Fa Yuan the Tsan Cheng Yuan shall have the duty and authority of the former and function in its stead.
Art. 68. This Provisional Constitution shall come into force from the date of promulgation. The Temporary Provisional Constitution promulgated on the 11th day of the Third Month of the First Year of the Min Kuo shall automatically cease to have force from the date on which this Provisional Constitution comes into force.