The China of Chiang K'ai-Shek: A Political Study

by Paul Myron Anthony Linebarger

Chapter IV. The Central Government

Section 1. The President

Article 36. The President is the Head of the State and represents the Republic of China in foreign relations.

Article 37. The President commands the land, sea and air forces of the whole country.

Article 38. The President shall, in accordance with law, promulgate laws and issue orders with the counter-signature of the President of the Yuan concerned.

Article 39. The President shall, in accordance with law, exercise the power of declaring war, negotiating peace and concluding treaties.

Article 40. The President shall, in accordance with law, declare and terminate a state of emergency.

Article 41. The President shall, in accordance with law, exercise the power of granting amnesties, special pardons, remission of sentences and restoration of civil rights.

Article 42. The President shall, in accordance with law, appoint and remove civil and military officials.

Article 43. The President shall, in accordance with law, confer honors and award decorations.

Article 44. In case the State is confronted with an emergency, or the economic life of the State meets with a grave danger, which calls for immediate action, the President, following the resolution of the Executive Meeting, may issue orders of emergency and do whatever is necessary to cope with the situation, provided that he shall submit his action to the ratification of the Legislative Yuan within three months after the issuance of the orders.

Article 45. The President may call meetings of the Presidents of the five Yuan to confer on matters relating to two or more Yuan, or on such matters as the President may bring out for consultation.

Article 46. The President shall be responsible to the People's Congress.

Article 47. Citizens of the Republic of China, having attained the age of forty years, may be elected President or Vice-President of the Republic.

Article 48. The election of the President and Vice-President shall be provided for by law.

Article 49. The President and Vice-President shall hold office for a term of six years and may be re-elected for a second term.

Article 50. The President shall, on the day of his inauguration, take the following oath:

"I do solemnly and sincerely swear before the people that I will observe the Constitution, faithfully perform my duties, promote the welfare of the People, safeguard the security of the State and be loyal to the trust of the people. Should I break my oath, I will submit myself to the most severe punishment the law may provide."

Article 51. When the Presidency is vacant, the Vice-President shall succeed to the office.

When the President is for some reason unable to attend to his duties, the Vice-President shall act for him. If both the President and the Vice-President are incapacitated, the President of the Executive Yuan shall discharge the duties of the President's office.

Article 52. The President shall retire from office on the day his term expires. If by that time a new President has not been inducted into office, the President of the Executive Yuan shall discharge the duties of the President's office.

Article 53. The period for the President of the Executive Yuan to discharge the duties of the President's office shall not exceed six months.

Article 54. Except in case of an offense against the internal or external security of the State, the President shall not be liable to criminal prosecution until he has been recalled or has retired from office.

Section 2. The Executive Yuan

Article 55. The Executive Yuan is the highest organ through which the Central Government exercises its executive powers.

Article 56. In the Executive Yuan, there shall be a President, a Vice-President and a number of Executive Members, to be appointed and removed by the President.

The Executive Members mentioned in the preceding paragraph who do not take charge of Ministries or Commissions shall not exceed half of those who are in charge of Ministries or Commissions as provided in the first paragraph of Article 58.

Article 57. In the Executive Yuan, there shall be various Ministries and Commissions which shall separately exercise their respective executive powers.

Article 58. The Ministers of the various Ministries and the Chairmen of the various Commissions shall be appointed by the President from among the Executive Members.

The President and the Vice-President of the Executive Yuan may act concurrently as Minister or Chairman mentioned in the preceding paragraph.

Article 59. The President of the Executive Yuan, the Executive Members, the Ministers of the various Ministries and the Chairmen of the various Commissions shall be individually responsible to the President.

Article 60. In the Executive Yuan there shall be Executive Meetings composed of the President, the President of the Executive Yuan and the Executive Members to be presided over by the President. In case the President is unable to be present, the President of the Executive Yuan shall preside.

Article 61. The following matters shall be decided at an Executive Meeting:

1. Statutory and budgetary bills to be submitted to the Legislative Yuan.

2. Bills concerning a state of emergency and special pardons to be submitted to the Legislative Yuan.

3. Bills concerning declaration of war, negotiation of peace, conclusion of treaties and other important international affairs to be submitted to the Legislative Yuan.

4. Matters of common concern to the various Ministries and Commissions.

5. Matters submitted by the President.

6. Matters submitted by the President of the Executive Yuan, the Executive Members, the various Ministries and Commissions.

Article 62. The organization of the Executive Yuan shall be determined by law.

Section 3. The Legislative Yuan

Article 63. The Legislative Yuan is the highest organ through which the Central Government exercises its legislative powers. It shall be responsible to the People's Congress.

Article 64. The Legislative Yuan shall have the power to decide on measures concerning legislation, budgets, a state of emergency, special pardons, declaration of war, negotiation of peace, conclusion of treaties and other important international affairs.

Article 65. In the discharge of its duties the Legislative Yuan may interrogate the various Yuan, Ministries and Commissions.

Article 66. In the Legislative Yuan, there shall be a President who shall hold office for a term of three years and may be eligible for re-election.

Article 67. In regard to the election of Members of the Legislative Yuan, the Delegates of the various provinces, Mongolia, Tibet and of citizens residing abroad, to the People's Congress shall separately hold a preliminary election to nominate their respective candidates and submit a list of their names to the Congress for election. The candidates are not confined to the Delegates to the People's Congress. The respective number of candidates shall be proportioned as follows:

1. A province with a population of less than 5,000,000 shall nominate four candidates. A province with a population of more than 5,000,000 but less than 10,000,000 shall nominate six candidates. A province with a population of more than 10,000,000 but less than 15,000,000 shall nominate eight candidates. A province with a population of more than 15,000,000 but less than 20,000,000 shall nominate ten candidates. A province with a population of more than 20,000,000 but less than 25,000,000 shall nominate twelve candidates. A province with a population of more than 25,000,000 but less than 30,000,000 shall nominate fourteen candidates. A province with a population of more than 30,000,000 shall nominate sixteen candidates.

2. Mongolia and Tibet shall each nominate eight candidates.

3. Citizens residing abroad shall nominate eight candidates.

Article 68. Members of the Legislative Yuan shall hold office for a term of three years and may be eligible for re-election.

Article 69. The Executive Yuan, Judicial Yuan, Examination Yuan, and Censor Yuan may submit to the Legislative Yuan measures concerning matters within their respective jurisdiction.

Article 70. The President may, before the promulgation or execution of a legislative measure, request the Legislative Yuan to reconsider it.

If the Legislative Yuan, with regard to the request for consideration, should decide to maintain the original measure by a two-thirds vote of the Members present, the President shall promulgate or execute it without delay; provided that in case of a bill of law or a treaty, the President may submit it to the People's Congress for a referendum.

Article 71. The President shall promulgate a measure presented by the Legislative Yuan for promulgation within thirty days after its receipt.

Article 72. Members of the Legislative Yuan shall not be held responsible outside of the said Yuan for opinions they may express and votes they may cast during its session.

Article 73. Without the permission of the Legislative Yuan, no member may be arrested or detained except when apprehended in flagrante delicto.

Article 74. No Member of the Legislative Yuan may concurrently hold any other public office or engage in any business or profession.

Article 75. The election of Members of the Legislative Yuan and the organization of the Legislative Yuan shall be determined by law.

Section 4. The Judicial Yuan

Article 76. The Judicial Yuan is the highest organ through which the Central Government exercises its judicial powers. It shall attend to the adjudication of civil, criminal and administrative suits, the discipline and punishment of public functionaries and judicial administration.

Article 77. In the Judicial Yuan, there shall be a President who shall hold office for a term of three years. He shall be appointed by the President.

The President of the Judicial Yuan shall be responsible to the People's Congress.

Article 78. Matters concerning special pardons, remission of sentence and restoration of civil rights shall be submitted to the President for action by the President of the Judicial Yuan in accordance with law.

Article 79. The Judicial Yuan shall have the power to unify the interpretation of statutes and ordinances.

Article 80. Judicial officials shall, in accordance with law, have perfect independence in the conduct of trials.

Article 81. No judicial official may be removed from office unless he has been subject to criminal or disciplinary punishment or declared an interdicted person; nor may a judicial official be suspended or transferred, or have his salary reduced except in accordance with law.

Article 82. The organization of the Judicial Yuan and the various Courts of Justice shall be determined by law.

Section 5. The Examination Yuan

Article 83. The Examination Yuan is the highest organ through which the Central Government exercises its examination powers. It shall attend to the selection of civil service candidates by examination and to the registration of persons qualified for public service.

Article 84. In the Examination Yuan there shall be a President who shall hold office for a term of three years, to be appointed by the President.

The President of the Examination Yuan shall be responsible to the People's Congress.

Article 85. The Examination Yuan shall, in accordance with law, by examination and registration determine the following qualifications:

1. For appointment as a public functionary.

2. For candidacy to public office.

3. For practice in specialized professions and as technical experts.

Article 86. The organization of the Examination Yuan shall be determined by law.

Section 6. The Censor Yuan

Article 87. The Censor Yuan is the highest organ through which the Central Government exercises its censorial powers. It shall attend to impeachment and auditing and be responsible to the People's Congress.

Article 88. In the discharge of its censorial powers, the Censor Yuan may, in accordance with law, interrogate the various Yuan, Ministries and Commissions.

Article 89. In the Censor Yuan, there shall be a President who shall hold office for a term of three years and may be eligible for re-election.

Article 90. Members of the Censor Yuan shall be elected by the People's Congress, from candidates separately nominated by the Delegates of the various provinces, Mongolia, Tibet and Chinese citizens residing abroad. Each group of Delegates shall nominate two candidates. The candidates are not confined to Delegates to the Congress.

Article 91. Members of the Censor Yuan shall hold office for a term of four years and may be eligible for re-election.

Article 92. When the Censor Yuan finds a public functionary in the Central or local government guilty of violation of a law or neglect of his duty, an impeachment may be instituted upon the proposal of one or more Members and the indorsement, after due investigation, of five or more Members. Impeachment against the President or Vice-President, the President of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan or Censor Yuan may be instituted only upon the proposal of ten or more Members and the indorsement, after due investigation, of one-half or more Members of the entire Yuan.

Article 93. When an impeachment is instituted against the President or Vice-President or the President of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan or Censor Yuan in accordance with the preceding Article, it shall be brought before the People's Congress. During the adjournment of the People's Congress, the Delegates shall be requested to convene in accordance with law an extraordinary session to decide whether the impeached shall be removed from office.

Article 94. Members of the Censor Yuan shall not be held responsible outside of the said Yuan for opinions they may express and votes they may cast while discharging their duties.

Article 95. Without the permission of the Censor Yuan, no Member of the Censor Yuan may be arrested or detained except when apprehended in flagrante delicto.

Article 96. No Member of the Censor Yuan may concurrently hold any other public office or engage in any business or profession.

Article 97. The election of the Members of the Censor Yuan and the organization of the Censor Yuan shall be determined by law.