1936-05-12 — Page 7

7

THE CHINA MAIL, TUESDAY, MAY 12, 1936

FULL TEXT OF DRAFT CONSTITUTION OF CHINESE

PROPOSED CENSOR

YUAN

EDUCATIONAL SCHEMES MAY BE SUBSIDISED

REORGANISATION OF

LABOUR

AND CAPITAL

years

with the bequeathed teachings

Art. 14.-Every citizen shall promulgated have the freedom of secrecy of throughout the land for faith-correspondence; such freedom ful and perpetual observance by shall not be restricted except in all.

to be elected by Chinese zens residing abroad shail determined by law.

to

sili- Imandates

of the

REPUBLIC

Impeachment

2 Bills concerning a state of the session. emergency and special pardens Art. 78-Without the permits- Art. 92-Nhen the. Censor Yusa to be submitted to the Legission of the Legislative Yuan, reinds a public furetionary in the-- lative Yuan.

member may be arrested or de-Central OT Ircal Government Bills concerning declara-tained except when apprehended guilty of violation of a law cr tion of war, negotiation of in flagrante delicto.

neglect of his duty. an impercha peace,

conclusion of treaties Art. 74-No Member of, the ment may be instituted upon the and other important interna- Legislative Yuan may concurrent-proposal of one or more Members tional affairs to be submittedly hold any other public office erjand the endorsement, after due to the Legislative Yuan. jengage in any Business or pro-investigation. of five or

confession.

Members Impeachment against

4. Matters of common cern to the various Ministries| and Commissiena.“

Art.

62-The oganisation

01

various

cordance with law.

Mor

OF

shall, within three bejmonths after issue, be submitted to the Legislative Yuan for coa. Art. 28.-Delegates

the Srmation. People's Congress shall be electedį Art. 45.-The President may by universal, equal, and direct suf-summon a meeting of the Presi Crage and by secret ballots. dents of the five Yuan for the pur- Art. 29.-Citizens of the Repupose of consultation or discussion blic of China having attained the of matters appertaining to two or age of 20 years shall, in accor more Yuan.

Responsible To Congress dance with law, have the right to! jelect delegates.

Art. 75.-The election of Mem-the President, or Vice-President, -Citizens having Art. 46-The President shall

to the jattained the age of 25 years shall be responsible

People's

bers of the Legislative Yuan and the President or Vice-President of in accordance with law, have the Congress,

4. Matters submitted by the the organisation of the Legisla- the Executive Yuan, Legislative

Examination Yuan right to be elected delegates. Art. 47-Citizens of the Repu- President, or President of the tive Yuan shall be determined. by Yuan,

law.

Censor Yuan Art. 30-The term of office of blic of China, having attained the Executive Yuan.

may be instituted G. Matters submitted by the Chapter 4-The Judicial Yuan only upon the proposal of 10 or President or Vice-President of Vice-President of the Execus Art. 76-The Judicial Yuan is more Members and the endorse THE following is the seventh and final draft of the Constitution Delfites to the People's Congress are of 40 years may be elected

of China Legislative Yuan over a period of three and a half shall be six years.

When a Delegate is found guilty, the Republic,

tive Tuan, the Executive Menthe highest organ through whichment after due investigation, of hers the various Ministries and the Central Government exercises one-half or more of the Members The first draft was based on the John Wu draft, the work of lof violation of a law or neglect of Art. 48.-The election

Commissions.

its judicial powers. It shall of the entire Yaan. Dr. John C. H. Wu. at present Chairman of the Codification and his duty, his constituency shall President and Vice-President shall

recall him in accordance with law.jbe provided for by law.

Art. 93.-When an impeachment of tend to the adjudication of civil,] General Committee.

Art. 31-The People's Com¦ Art. 49.-The President and the Executive Yuan shall be de-criminal and administrative suits, is Instituted against the President for Vice-President or the President The date of the enforcement of the Constitution will be del

gress shall be convened by the Vice-President shall hold officetermined by law.

Land judicial adinistration. *cided upon by the People's Congress on November 12, 1936.

CHAPTER 3-THE

Art. 7.-In the Judicial Yuan for Vice-President of the Executive The translation below is by Mr. M. C. Liang and adopts the President once every three years, for a term of six years and may

LEGISLATIVE YUAN

Yuan. Legislative Yuan, Judicial there shall be a President and a English terminology of an official translation of a former draft its session shall last one month, be re-elected for a second term.

Yuan. Examination Yuan or Cen- Art. 63. The Legislative Yuan Vice-President, each extended may be

Art. 50-The President-Shail, another

of whom

sor Yuan in accordance with the made for the Compilation and Translation Bureau of the Legis-but

jos the day of his inauguration, is the highest organ through shall hold office for a term of lative Yuan. A noteworthy change from traditional terminology month when necessary.

the Central Government three years.

shall be preceding Article. it Extraordinary sessions

which of the take the following cath:-

They shall be apbrought before the People's Cor- is the designation of the Yuan. now called the Control Yuan, as

People's Congress may be conven- "I do solemnly and sincerely exercises its legislative powerspointed by the President.

ISTEN During the adjournment the "Censor Yuan."

be responsible to the The President of the Judicial of People's Congress. the Dele- Mr. M. C. Liang's translation, Art. 12-Every citizen shahed at the instance of two-fifths or swear before the people that It shall

will observe the Constitution People's Congress.

Yuan shall be responsible to the gates shall be requested to convene reads as follows:-

jhave the freedom to change his more of its members.

duties, Art. 64.-The Legislative Yuan People's Congress. The People's Congress shall be faithfully, perform my

in accordance with law an extra-. By virtue of the mandate residence; such freedom shall

except in held at

the seat of the Central promote the welfare of the people, shall have the power to decide on Art 79.-Matters concerning ordinary session to decide whether received from the whole body not be restricted

safeguard the security of the measures concerning legislations, special pardons, remission of aen the impeached shall be removed Government. af citizens and in accordance Jaccordance with law.

¡State and be loyal to the trust of budgets a state of emergency teace and restoration of civil from ofice Art. 13-Every citizen shali Powers And Functions

Art. 2.-The powers and the people. Should I break my special pardons, declaration

rights shall be submitted to the Art. 94-Members of the Cen of Dr. Sun Yat-sen, Founder of have the freedom of speech, the Republic of China, the writing and publication: such functions of the People's Congress path. I will submit myself to the war, negotiation of peace, con President for action by the Pre-sor Tuan shall not be held respon

lawjclusion of treaties and other insident of the Judicial Yuan in acsible outside of the said Tuan for most severe punishment the People's Congress of the Re-freedom shall not be restricted shall be as follows:-

portant international affairs. public of China hereby ordains except in accordance with law.

1. To elect the President and may provide."

opinions they may express and Art. 65--In the discharge of Succession Vice-President of the Republic,

Art. 79-The Judicial Yuan vetes and enacts this Constitution and

they may cast whilst dis- Art. 31.--In case of the Preal-lits duties the Legislative Yuan shall have the power to unify the charging their duties. the President causes it to be

and Vice-Presi-

the interrogate dent of the Legislative Yuan, dent's office becoming vacant, the may

interpretation of statutes and or Art. 95,-Without the permis- the President and Vice-Presi-Vice-President shall succeed to Yuan, Ministries and Commis.

dinances.

sion of the Censor Yuan, no Mem- dent of the Censor Yuan. the the presidency; in case the Pre-sions.

Art. 80.—Judicial officials shall, ber of the Censor Tuan may be Art. 66...In the Legislative in accordance with law, have per arrested or detained except when the Members of Legislative sident is incapacitated by any Art. 15.-Every citizen shall

the Vice-President shall Yuan, there. shall be a President fect independence in the conduct apprehended in flagrante delicto. Yuan and the Members of the cause,

of a Vice-President each have the freedom of religious

Censor Yuan.

discharge the duties of his of- and

Art. 96-No Member of the belief: such freedom shall not Art. 1-The Republic of be restricted except in accor-

in of three years and may be eligi- Vice-President of the Republic, and the Vice-President

may be removed from office unless hold any other public office or China is a "San Min Chu Idance with law.

the President and Vice-President capacited. the President of the ble for re-election.

he has been subject to criminal engage in any business or profes Republic.

Art. 16. Every citizen shall

Art. 67-Members of the Legis of the Legislative Yuan, the Pre-Executive Yuan shall discharge

or disciplinary punishment or de-sion. Art. 2-The sovereignty of have the freedom of assembly sident and Vice-President of the the duties of the President's office,lative Yuan shall be elected by cared an interdicted, person; nor Art. 97-The election of the the Republic of China is vested and forming associations: such

Judicial Yuan, the President Art. 52-The President shall the People's Congress from a list in the whole body of citizens. freedom shall not be restricted

and Vice-President of the Ex-retire from office on the day his of candidates separately, nominaraya judicial official be suspend-Members of the Censor Yuan and transferred, or have his the organisation of the Censor Art. 3.--Persons having except in accordance with law.

amination Yuan, the President term expires. If by that time ated by the Delegates of the vari

salary reduced except in accor- Yuan shall be determined by law. Art. 17-No private property acquired the nationality of the

and Vice-President of the Cen-new President has not been inous provinces, Mongolia, Tibet,dance with law. Republic of China are citizens shall be requisitioned. expro-

the and citizens residing abroad. The sor Yuau, the Members of the laugurated, the President of or confiscated

Art. 82-The organisation of of the Republic of China.

priated. sealed

Legislative Yuan and the Mem-Executive Yuan shall discharge candidates need not be delegates Art. 4.-The territory of the lexcept in accordance with law.

bery of the Censor Yuan. the duties the President's office to the People's Congress. The the Judicial Yusn and the variona Republic of China comprises Art. 18.-Every citizen shall

2. To initiate laws.

Art. 53. The period for the respective number of candidates Courts of Justice shall be deter- originally constituting have the right to present peti-

To hold referenda on laws. President of the Executive Yuan shall be proportioned as follows:mined by law. of Anhwel. tions. lodge complaints and Kiangsu, Chekiang,

(1) A province with a popu- Chapter 5 The Examination 5. To amend the Constitution. to discharge the duties

Jess lation of

than 5,000,000 Kiangsi, Hunan, Hupeh, Sze-institute legal proceedings in chwan, Hsikang. Hopei, Shan- accordance with law.

shall nominate four candidates. Art. 19.-Every citizen shall tung. Shansi. Honan, Shensi,

Art. 54-Except in case of an: Kansu. Chinghai, Fukien, have the right to exercise, inį

the offence against the interna! with law, the Art. 33-Delegates Kwangtung, Kwangsi, Yunnan, accordance

be external security of the State, the of Kirin, powers

election. recall, People's Congress shall Kweichow. Liaoning,

held responsible outside of the President shall Heilungkiang. Jehol, Chahar. initiative and referendum. Sulyuan, Singhsia, Sinkiang, Art. 20.-Every citizen shall Congress for opinions they may criminal prosecution until he has Mongolia and Tibet.

have the right to compete, in express or votes they may cast at been recalled or has retired from The territory of the Republic accordance with law, in State the meeting of the Congress

Art. 34-Without the permis- of China shall not be altered examinations. except by resolution of the Art. 21-Every citizen shall, sion of the People's Congress, no in accordance with law, be Delegate shall be arrested, or de- People's Congress.

Art. 5. All races of the Re-amendable to the duty of pay-tained during the session except is the

when apprehended public of China are component ing taxes.

in flagrante which Art. 22-Every citizen shall, delicto. parts of the Chinese Nation and

in accordance with law, be

35.-The organisation of Art. shall be equal.

Art. 6. The National Flag of amenable to the duty of per-the People's Congress, the election Yuan there shall be a President, the Republic of China shall forming military service. as well as recall of its Delegates, ja Vice-President and a number: Art. 23.-Every citizen shall, and the rules of procedure govern-ef Executive Members, to be ap- have a red background with s blue sky and white sun in the in accordance with law, beling the exercise of its powers and pointed and removed by the Pre-

amenable to the duty of render functions shall be determined by sident.

law. Art. 7-The National Capi-ing public service. tal of the Republic of China shall be at Nanking.

Part 1-General·

Breas

Provisions

upper inside corner.

Part II-Rights And Duties Of The Citizens

shall

laccordance with law

Religious Freedom

liberties

Art. 24-All other and rights of the citizens which not detrimental to public are Peace and order or public welfare

tained

of trials.

2. To recall the President and Sce. In case both the President whom shall hold ofce for a term Art 8L-No judicial official Censor Yaan may concurrently

are

the

6. To exercise such other pow-President's office shall not exceed ers as are conferred by the Con-six months. stitution.

ta

101

office.

Art

not be able to

CHAPTER 2-THE EXECUTIVE YUAN

55.The Executive Yuan highest organ through the Central Government) exercises its executive powers.

Art 56-In the Executive

The numbers of Executive as mentioned in the preceding paragraph, excluding the Ministers and Chairmen of

Part IV.-The Central Members,

Government

CHAPTER 1 THE PRESIDENT Commissions, shall not exceed half

led or

Art.

A province with a population Yuan

10

Yuan

83.-The Examination |

Part V.-System Of Local Government

CHAPTER L-THE

PROVINCES

Art 38-In the Province, there is the highest organ shall be a Provincial Government

esch

4:

of more than 5,000,000 but lesz through which the Central Gor-which shall execute the laws and than 10,000,000 shall nominate ernment exercises its examination orders of the Central Government attend to the and supervise local self-govern- six candidates. A province with powers. It shall a population of more than 10-selection of civil service candid-ment. 000,000 but less than 15,000.000 ates by examination and to the Art. 99. In the Provincial Gov shall nominate eight candić- registration of persons qualified ernment there shall be a Governor (who shall hold office for a term ates. A province with a pope-for public service.

Art. 84. the Examination of three years. He shall be ap- lation of more than 15,000,000) but less than 20,000,000 shall Yuan there shall be a President pointed and removed by the Cen- nominate

candidates. A and a Vice-President,

of itral Government. of whom shall hold office for a term Art. 100.—In the province, there province with" a population

be a Provincial Assembly 20,000,000 but less of there years, to be appointed by shall more than

(which shall be composed of one than 25,000,000 shall nominate the President. 12 candidates.

The President of the Examina-member from each A provinės with a population of more than tion Yuan shall be responsible to municipality to be elected by the

the People's Congress,

district ÚI municipal council 25,000,000 but less than 20,000,-*

Art. 85.-The Examination Members of the Provincial Assem- 000 shall nominate 14 candid ates. A province with a popu-Yuan shall, in accordance with bly shall hold office for a term of lation of more than 30,000,000 law, by examination and registra three years and

tion determine the following quali-for re-election. shall nominate 16 candidates

district

ΟΙ

may be eligible

Art. 101. The organisation of

1. For appointment as a public the Provincial Government and functionary.

(2) Mongolia and Tibet shall fcations:- each nominate eight candidates.

(3) Citizens residing abroad: shall nominate eight candid- ates.

of the

2. For candidacy to

office.

the Provincial Assembly as well public as the election and recall of the Members of the Provincial As- determined by

3. For practice in specialised (sembly shall be professions and as technical ex-law. perts.

Art. 102-The government of Art. 86. The organisation of areas not yet established as pro- Yuan shall be vinces shall be determined by law. determined by law.

CHAPTER II-THE Chapter 6-The Censor Yuan Art 87.-The Censor Yuan is

DISTRICTS

Art. 103. The district is a unit

Art. 104.-Any matter of a local

shall be guaranteed by the Consti- Art. 36.-The President is the the total number of Ministers and i tution, and except in accordance head of the State and represents Chairmen of Commissions as pro- Art. 8.----All citizens of the with law, shall not be restricted. the Republic of China in foreign vided for in the first paragraph

Terms Of Office Republic of China shall be equal

Art.. 25-Only laws imperative relations.

of Article 58.

Art. 68. -- Members before the law.

Art. 37-The President ghan Art. 57.-In the Executive Legislative Yuan shall hold for safeguarding national secu Art. 9.All citizens

air Yuan, there rity, averting a national crisis, command the land, sea and

shall be various office for a term of three years have personal liberty and, maintaining public peace and or-forces of the whole country, Ministries and Commissions and may be eligible for re-elec- the Examination except in accordance with law, der or promoting public interest Art. 39--The President shall, which shall separately exercise [tion. may not be arrested, detained,

may restrict the citizens' liberties in accordance with law, promul-their respective executive powers. Art. 69.-The Executive Yuan, tried or punished.

[and rights.

gate laws and issue mandates with Art. 58--The Ministers of the Judicial

•Examination Yuan When a citizen is arrested or Art. 26. Any public function-the counter-signature of the Pre-various Ministries and the Chair-Yuan, and Censor Yuan may sub-the highest organ through which detained on suspicion of having ary who illegally infringes upon sident of the Yuan concerned. men of the various Commissions mit to the Legislative Yuan mea- the Central Government exercises of local self-governmert. committed a criminal act, the any private liberty or right, shall, Art. 39-The President shall, shall be appointed by the Pre-cures concerning matters within its censorial powers. It shall at-

tend to impeachment and auditing nature shall be under the juria- authority responsible for such besides being subject to disciplin in accordance with law, exercise sident from among the Executive their respective jurisdiction.

and be responsible to the People'sdiction of a local self-government. action shall immediately informary punishment, be responsible the power of declaring war, nego-Members, The President gad Art. 70.-The President may,

Congress.

All matters pertaining to local the citizen himself and his re-under criminal and civil law. The tiating peace and concluding trea-Vice-President of the Executive before promulgation or execution Art. 88-In the discharge of its self-government shall be deter latives of the cause for his

Yuan may concurrently serve as of a legislative measure adopted errest or detention and shall,jured person may also, in accor-ties.

dance with law, claim indemnity Art. 40-The President shall, Ministers and Chairmen of Com-by the Legislative Yuan, request censorial powers, the Censor Yuan mined by law.

may, in accordance with law, in Art. 105.-Citizens of the dis- within 24 hours, send him to a from the State for damages sus in accordance with law, declare missions as mentioned in the pre- the said Yuan to reconsider it. competent court for trial

and terminate a state of umer-ceeding paragraph.

If the Legislative Yuan, afterrogate the various Yuans, Min-trict shall, in accordance with law,

Istries and Commissions.

exercise the powers of initiative The citizen so arrested or de-

Art. 59-The President of the reconsideration, decides to con- Art. 89-In the Censor Yuan, and referendum in matters Coz- tained. or any one else, may Part IIL-The People's zency.

Art 41.--The President shall.Executive

Executive arm the original measure so re there shall be a President and a cerning district self-government, in accordance with law, exerciso | Members, the Ministries of ferred to it in accordance with vice-President, each of whom shali as well as the powers of election the power of granting amnesties, the various Ministries and the the preceding paragraph by a hold office for a term of three and recall of the District Magis- Art. 27. The People's Cop special pardons, zemission of sen- Chairman of the various Com-vote of two-thirds or more of its years and may be eligible for re-trate and other elective officials in surrender, within 24 hours, ofgress shall be constituted of dele-lences and restoration of civil missions shall be individually members present. the President {election.

the service of, district sell-zovern- his person to the court for trial.

jgates elected as follows:-

[rights.

responsible to the President.

shell immediately promulgate, or Art. 90-Members of the Cen-ment." The court shall not reject

1. Each district, municipal- Art. 42--The President shall,

Executive Meetings

execute the said measure: preser Yuan shall be elected by the Art. 106.-—In the district, there such a petition; nor shall the

ity or area of an equivalent in accordance with law, appoint Art. 60. In the Executive vided that measures concerning People's Congress from candidates shall be a District Council the responsible-authority refuse to

status shall elect one delegate, and remove civil and military Yuan there shall be Ezeentive legislation and conclusion of separately nominated by the Dele-members of which shall be direct execute such a writ as

but in case its population ex-officiale. ***

Meetings composed of the Pre-treaties may be submitted to the gates of the various provinces, ly elected by the citizens in the tioned in the preceding para-

ceeds 300,000, one additional de- Art. 43-The President shall, sident and Vice-President of the people's Congress for referenda. Mongolia, Tibet and Chinese District General Meeting. Mem- graph.

legate shall be elected for every în accordance with law, confer Executive. Yuan, and the various Art. 71-The President shall citizens residing abroad. Each bers of the District Council shall additional 600,000 people. · The honours and award decorations. Executive Members to be presid-promulgate a measure presented group of Delegates shall nominate hold office for a term of three status of areas to be equivalent Art. 44. In case of an emer-jed over by the President of the by the Legislative Yuan for pract more than two candidates years and may be eligible for re- to a district or municipality (gency ora serious economic Executive Yuan.

mulgation within 30 days after The candidates need not neces-election shall be defined by law.

change which requires immediate Art 61-—The following matita receipt.

(sarily be Delegates to the Con-

107.-District laws 2. The number of delegates steps to be taken, the President ters shall be decided at az Execn-| Art. 72-Members of the Legis-gress.

regulations which are in conflict to be elected from Mongolia and may by resolution of the Exacti-tive Meeting:—“

lative Yuan shall not be held res-) Art. 91--Members of the Cen-with the laws and ordinances of Tibet shall be determined by tive Meeting

išsue emergency}

1 Satutory and budgetary ponsible outside of the said Yuansor Yuan shall hold office for the Central or Provincial Govern- law. 7

- mandates necessary to cope with bills to be submitted

to the for opinions they may express term of three years and may be ment shall be null and void, 3. The number of delegates the situation; provided that such! Legislative Yuan,

land votes they may cast during eligible for re-election.

(Continued on Page 11)

also petition the court to de- mand from the authority responsible for such action the

men-

Art. 10-No one,

except those in active military service, may be subject to the jurisdic tion of a court martial-

Art. 11-Every citizen shall have the freedom of domicile: no private abode may be for- cibly entered, searched or seal- ed except in accordance with

.law.

Congress

Yuan, the

Art.

•

www.

and