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相關法規表頭
Title The Constitution of the Republic of China
Publish Date 1947/12/25
Date
Chapter I. General Provisions                            
Article    1
          The Republic of China, founded on the Three Principles of the People
    , shall  be a  democratic  republic  of the people, to be governed by the 
    people and for the people.

Article    2
          The sovereignty of the Republic of China shall reside in the whole
    body of citizens.

Article    3
          Persons possessing the nationality of the Republic of China shall be
    citizens of the Republic of China.

Article    4
          The territory of the  Republic of China  according  to  its existing
    national boundaries  shall  not  be  altered  except by resolution  of the
    National Assembly.

Article    5
          There shall be equality among the various racial groups in the
    Republic of China.

Article    6
          The national  flag of the Republic  of China  shall be of red ground
    with a blue sky and a white sun in the upper left corner.


Chapter II. Rights and Duties of the People                                

Article    7
          All citizens of the Republic of China, irrespective of sex, religion
    , race, class, or party affiliation, shall be equal before the law.

Article    8
          Personal freedom shall be guaranteed to the people. Except  in  case 
    of flagrante  delicto  as  provided  by law, no person  shall  be arrested  
    or detained otherwise than by a judicial or a police organ in  accordance 
    with the procedure prescribed by law. No person shall be tried or punished
    otherwise than by a law court in accordance  with the procedure prescribed
    by  law.  Any  arrest,  detention,  trial,  or  punishment which is not in 
    accordance with the procedure prescribed by law may be resisted.
          When  a  person  is  arrested  or  detained on  suspicion  of having
    committed  a crime,  the  organ  making  the  arrest or detention shall in
    writing inform  the said person, and his designated relative or friend, of
    the grounds for his arrest or detention, and  shall, within 24 hours, turn
    him over  to a competent  court  for trial. The said  person, or any other
    person, may  petition the competent  court that a writ be served within 24
    hours on the organ making the arrest for the surrender  of the said person
    for trial.
          The court  shall  not reject the petition mentioned in the preceding
    paragraph, nor shall it order the organ concerned to make an investigation
    and  report first. The organ  concerned shall  not  refuse  to execute, or 
    delay in  executing, the writ of the court  for the surrender of  the said  
    person for trial.
          When a  person  is  unlawfully   arrested  or detained by any organ,
    he or any other person  may petition  the court  for an investigation. The
    court shall not  reject such  a  petition,  and  shall, within  24  hours,
    investigate the action  of the organ concerned and deal with the matter in
    accordance with law.

Article    9
          Except those in active military service, no  person shall be subject
    to trial by a military tribunal.

Article   10
          The people  shall  have  freedom  of  residence  and  of  change  of 
    residence.

Article  11 
          The  people shall have  freedom  of  speech,  teaching,  writing and
    publication.

Article   12
          The people shall have freedom of privacy of correspondence.

Article   13
          The people shall have freedom of religious belief.

Article   14
          The people shall have freedom of assembly and association.

Article   15
          The  right of existence, the right to work and the right of property
    shall be guaranteed to the people.

Article   16
          The people  shall  have  the  right of presenting petitions, lodging
    complaints, or instituting legal proceedings.

Article   17
          The people shall have the  right of election, recall, initiative and
    referendum.

Article   18
          The people shall have the right of taking public examinations and of
    holding public offices.

Article   19
          The people shall  have the duty of  paying taxes  in accordance with 
    law.

Article   20
          The  people  shall have  the  duty of performing military service in
    accordance with law.

Article   21
          The people shall have the right  and the duty of receiving citizen s
    education.

Article   22
          All other freedoms and rights of the people that are not detrimental
    to  social  order  or  public  welfare  shall  be  guaranteed  under   the 
    Constitution.

Article   23
          All the freedoms and rights enumerated  in  the  preceding  Articles
    shall not be restricted by law except such as may  be necessary to prevent
    infringement  upon  the freedoms of other persons,  to  avert  an imminent
    crisis, to maintain social order or to advance public welfare.

Article   24
          Any public functionary who, in  violation of law, infringes upon the 
    freedom or  right of any  person  shall, in  addition to being subject  to 
    disciplinary measures  in accordance with  law, be  held responsible under 
    criminal and civil laws. The  injured person  may, in accordance with law, 
    claim compensation from the State for damage sustained.


Chapter III. The National Assembly                                         

Article   25
          The National Assembly shall, in  accordance with the  provisions  of 
    this Constitution, exercise  political powers on  behalf of the whole body 
    of citizens.

Article   26
          The National Assembly shall be composed of the following delegates:
1.One delegate shall be elected from each hsien, municipality, or area  of
  equivalent status.  In case its population exceeds 500,000, one additional
  delegate shall be elected for each additional 500,000.  Areas equivalent to
  hsien or municipalities shall be prescribed by law;
2.Delegates  to represent  Mongolia shall be elected  on the basis of four for
  each league and one for each Special banner;
3.The number of delegates to be elected from Tibet shall be prescribed by law;
4.The number of delegates  to be elected by various  racial groups in frontier
  regions shall be prescribed by law;
5.The number of delegates  to be elected by Chinese citizens  residing  abroad
  shall be prescribed by law;
6.The  number  of delegates to be  elected  by occupational  groups  shall  be 
  prescribed by law;
7.The number  of delegates  to be elected  by women s  organizations shall  be
  prescribed by law.

Article   27
          The function of the National Assembly shall be as follows:
1.To elect the President and the Vice President;
2.To recall the President and the Vice President;
3.To amend the Constitution; and
4.To vote on proposed Constitutional amendments  submitted  by the Legislative
  Yuan by way of referendum.
          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  make  regulations  pertaining  thereto  and put them into 
    effect  after  the above-mentioned  two political  rights  shall have been 
    exercised in one half of the hsien and municipalities of the whole country
    .

Article   28
          Delegates to the National Assembly shall be elected every six years.
          The term of office of  the delegates to each National Assembly shall
    terminate on the day on which the next National Assembly convenes.
          No incumbent government  official shall, in the electoral area where
    he holds office, be elected delegate to the National Assembly.

Article   29
          The National Assembly shall be convoked by the President to  meet 90 
    days prior to the date of expiration of each presidential term.

Article   30
          An extraordinary session  of the National Assembly shall be convoked
    in any one of the following circumstances:
1.When, in accordance with the provisions of Article 49 of this Constitution, 
  a new President and a new Vice President are to be elected;
2.When, by resolution of the Control Yuan, an impeachment  of the President or
  the Vice President is instituted;
3.When,  by  resolution  of  the  Legislative  Yuan,  an  amendment  to  the 
  Constitution is proposed; and
4.When a meeting is requested by not less  than two-fifths of the delegates to
  the National Assembly.
          When an extraordinary session is to be convoked  in accordance  with    
    Item 1 or Item  2  of  the  preceding  paragraph, the  President  of  the 
    Legislative Yuan shall issue the notice  of convocation;  when it is to be  
    convoked  in accordance with Item 3 or Item 4, it shall be convoked by the  
    President of the Republic.

Article   31
          The  National  Assembly  shall  meet  at  the  seat  of  the Central 
    Government.

Article   32
          No  delegate to  the  National Assembly  shall  be held  responsible 
    outside the Assembly  for opinions expressed  or votes cast at meetings of 
    the Assembly.

Article   33
          While  the   Assembly is in  session,  no  delegate  to the National 
    Assembly  shall,  except  in  case of flagrante  delicto, be  arrested  or 
    detained without the permission of the National Assembly.

Article   34
          The  organization of the  National Assembly, the election and recall 
    of delegates  to the National Assembly,  and the  procedure  whereby  the 
    National Assembly is to carry out its functions, shall be prescribed by 
    law.   
    
Chapter  IV. The President                                                      

Article 35 
          The President shall be the head of the State and shall represent the 
    Republic of China in foreign relations.

Article   36
          The President shall  have supreme  command of the land,  sea and air 
    forces of the whole country.

Article   37
          The President  shall, in accordance  with law,  promulgate laws  and 
    issue  mandates   with  the  counter-signature  of  the  President  of the 
    Executive  Yuan or with  the counter-signatures  of both the  President of 
    Executive Yuan and the Ministers or Chairmen of Commissions concerned.

Article   38
          The  President  shall, in  accordance with the  provisions  of  this 
    Constitution, exercise  the powers of  concluding treaties,  declaring war 
    and making peace.

Article   39
          The President  may, in accordance with law, declare martial law with 
    the approval of, or subject to confirmation by, the Legislative Yuan. When 
    the Legislative Yuan deems  it necessary, it may by resolution request the 
    President to terminate martial law.

Article   40
          The President  shall, in accordance with law, exercise the power  of 
    granting amnesties,  pardons, remission  of sentences  and restitution  of 
    civil rights.

Article   41
          The  President  shall, in accordance  with law,  appoint and  remove 
    civil and military officials.

Article   42
          The  President  may, in  accordance  with  law,  confer  honors  and 
    decorations.

Article   43
          In case of a natural calamity, an epidemic, or a national  financial
    or economic  crisis  that calls  for  emergency  measures, the  President, 
    during  the recess  of the Legislative  Yuan, may,  by resolution  of  the 
    Executive Yuan Council, and in accordance with the Law on Emergency Orders
    , issue emergency orders, proclaiming such measures as may be necessary to
    cope  with  the  situation. Such  orders  shall,  within  one  month after 
    issuance, be presented  to the Legislative Yuan for confirmation; in case 
    the  Legislative  Yuan  withholds   confirmation, the  said  orders  shall 
    forthwith  cease to be valid.  

Article   44 
          In  case of  disputes  between two  or  more  Yuan other than  those 
    concerning which  there are relevant provisions  in this Constitution, the 
    President may call a meeting of the  Presidents of the Yuan concerned for 
    consultation with a view to reaching a solution.

Article   45
          Any citizen of the Republic of China who has attained the age of 40
    years may be elected President or Vice President.

Article   46
          The  election  of  the  President  and  the Vice  President shall be 
    prescribed by law.

Article   47
          The President and the Vice President shall serve a term of six years
    . They may be re-elected for a second term.

Article   48
          The  President shall, at  the  time  of  assuming  office, take  the 
    following oath:
          "I do solemnly  and sincerely swear before  the people  of the whole
    country that I will observe the Constitution, faithfully perform my duties
    , promote the welfare of the people, safeguard the  security of the State, 
    and will in no way betray the people s  trust.  Should  I break my oath, I 
    shall be willing to submit myself to severe punishment  by the State. This 
    is my solemn oath." 
Article   49 
          In case the office of the President should become vacant, the Vice  
    President shall succeed until the  expiration of the original presidential  
    term. In  case the office  of  both the President  and  the Vice President 
    should become vacant, the  President of the  Executive Yuan  shall act for 
    the  President; and, in  accordance with the  provisions of Article 30  of 
    this Constitution, an extraordinary session of the National Assembly shall 
    be convoked for the election of a new President and a new Vice  President, 
    who shall hold office until the completion of the term left unfinished  by 
    the preceding President. In case  the President should be unable to attend 
    to office due to any cause, the Vice President shall act for the President
    . In case both the President and the Vice President  should be  unable  to 
    attend to office, the  President of the Executive  Yuan shall act for t he 
    President. 

Article   50
          The President shall be relieved of his functions on the day on which 
    his term of office expires. If by that time, the succeeding  President has 
    not  yet  been  elected, or if the President-elect and the Vice-President-
    elect have not  yet  assumed  office, the President of the Executive Yuan 
    shall act for the President.

Article   51
          The period during which the President of the Executive Yuan may act 
    for the President shall not exceed three months.

Article   52
          The  President shall  not, without having  been recalled, or having 
    been relieved  of his functions, be liable to criminal prosecution unless 
    he is charged with having committed an act of rebellion or treason.


Chapter V. Administration                                                  

Article   53
          The Executive Yuan shall be the highest administrative organ of the 
    State.

Article   54
          The  Executive  Yuan  shall  have  a  President, a Vice  President, 
    a certain number of Ministers and Chairmen of Commissions, and  a certain 
    number of Ministers without Portfolio.

Article   55
          The President of the Executive Yuan shall be nominated and, with the
    consent  of the  Legislative  Yuan,  appointed by  the  President  of  the 
    Republic.
          If, during the recess of the Legislative Yuan, the President  of the
    Executive  Yuan should  resign or if his office should  become vacant, his
    functions  shall be exercised by the Vice President of the Yuan, acting on
    his  behalf, but  the  President  of the  Republic shall, within  40 days,
    request a meeting  of the Legislative  Yuan to confirm his nominee for the
    vacancy. Pending such confirmation, the Vice President  of the  Executive 
    Yuan shall temporarily exercise the functions of the President of the said 
    Yuan.

Article   56
          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.

Article   57
          The Executive  Yuan shall be  responsible to the Legislative Yuan in 
    accordance with the following provisions:
1.The  Executive Yuan  has  the  duty  to present  to the Legislative  Yuan  a 
  statement of its administrative policies and a report on its administration. 
  While the Legislative Yuan  is in session,  Members of the Legislative Yuan 
  shall have  the  right to question the  President  and  the  Ministers  and 
  Chairmen of Commissions of the Executive Yuan; 
2.If the Legislative Yuan  does  not concur  in any important  policy  of the
  Executive Yuan, it may, by resolution, request the Executive Yuan to alter
  such a policy. With respect to such resolution, the Executive Yuan may, with
  the approval of the President of the Republic, request the Legislative  Yuan
  for reconsideration. If, after reconsideration, two-thirds of the Members of
  the Legislative Yuan present at the meeting uphold the original  resolution,
  the President of the Executive Yuan shall either abide by the same or resign
  from office;
3.If the  Executive Yuan  deems a  resolution  on  a  statutory, budgetary, or 
  treaty bill passed by the Legislative  Yuan difficult of execution, it may, 
  with the approval  of the President  of the Republic  and within  ten days  
  after  its transmission  to the  Executive  Yuan,  request  the  Legislative  
  Yuan to reconsider the said resolution. If after reconsideration, two-thirds  
  of the Members  of the Legislative  Yuan present  at the meeting uphold the 
  original resolution, the President of the Executive Yuan shall either abide 
  by the same or resign from office.

Article   58
          The Executive  Yuan  shall have an  Executive  Yuan  Council, to  be 
    composed of its President, Vice President, various Ministers and Chairmen 
    of Commissions, and  Ministers  without  Portfolio, with  its President as 
    Chairman.
          Statutory or  budgetary  bills  or  bills  concerning  martial  law,    
    amnesty, declaration  of  war, conclusion  of  peace, treaties, and  other 
    important affairs, all of which  are  to be submitted  to the  Legislative    
    Yuan, as well  as  matters  that  are  of common  concern  to the  various    
    Ministries  and  Commissions,  shall be  presented  by the  President  and 
    various Ministers and Chairmen of Commissions of the Executive Yuan to the 
    Executive Yuan Council for decision.

Article   59
          The Executive Yuan shall, three months before the beginning of each 
    fiscal  year, present to the  Legislative Yuan the  budgetary bill for the
     following fiscal year.

Article   60
          The Executive  Yuan shall, within  four months after the end of each
    fiscal year, present final accounts  of revenues  and expenditures  to the
    Control Yuan.

Article   61
          The organization of the Executive Yuan shall be prescribed by law.

Chapter VI. Legislation                                                  

Article   62
          The Legislative Yuan shall be the highest  legislative  organ of the
    State, to be  constituted  of  members  elected  by the  people.  It shall
    exercise legislative power on behalf of the people.

Article   63
          The Legislative  Yuan shall have the power  to decide  by resolution
    upon  statutory  or budgetary bills  or  bills  concerning  material  law,
    amnesty, declaration  of war, conclusion of peace  or treaties, and  other
    important affairs of the State.

Article   64
          Members of the Legislative Yuan shall be elected in accordance with
    the following provisions:
1.Those to be elected  from the provinces and by the municipalities  under the
  direct jurisdiction of the Executive Yuan shall be five for each province or
  municipality  with a population  of not more than  3,000,000, one additional
  member  shall be elected  for each  additional  1,000,000  in a province  or
  municipality whose population is over 3,000,000;
2.Those to be elected from Mongolian Leagues and Banners;
3.Those to be elected from Tibet;
4.Those to be elected by various racial groups in frontier regions;
5.Those to be elected by Chinese citizens residing abroad; and
6.Those to be elected by occupational groups.
          The  election of Members  of the Legislative  Yuan and the number of 
    those  to  be  elected  in accordance  with  Items 2 to 6 of the preceding 
    paragraph  shall be prescribed by law.  The number  of women to be elected    
    under the  various  items  enumerated  in the  first  paragraph  shall  be    
    prescribed by law.

Article   65
          Members  of the Legislative Yuan shall  serve a term of three years,
    and shall be re-eligible. The election of Members of the Legislative  Yuan
    shall be completed  within three  months  prior to the expiration  of each
    term.

Article   66
          The  Legislative  Yuan shall  have a President and a Vice President, 
    who shall be elected by and from among its Members.

Article   67
          The Legislative Yuan may set up various committees. Such committees 
    may invite  government  officials  and  private  persons  concerned  to be  
    present at their meetings to answer questions.  

Article   68 
          The Legislative  Yuan shall hold two sessions  each year, and shall  
    convene  of its own accord.  The first  session  shall last from February  
    to the end of May,  and the second  session  from September  to the end of 
    December.  Whenever necessary a session may be prolonged. 

Article   69
          In  any  of the following  circumstances, the Legislative  Yuan  may 
    hold an extraordinary session:
1.At the request of the President of the Republic;
2.Upon the request of not less than one-fourth of its members.  

Article   70
          The Legislative Yuan shall not make proposals for an increase in the
    expenditures in the budgetary bill presented by the Executive Yuan.

Article   71
          At the 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 give their views.

Article   72                                         
          Statutory bills passed by the Legislative  Yuan shall be transmitted
    to the President of the Republic and to the Executive Yuan.  The President
    shall, within ten days after receipt thereof, promulgate  them;  or he may
    deal with  them  in accordance with the provisions  of Article  57 of this
    Constitution.

Article   73
          No Member of the Legislative Yuan shall be held responsible outside
    the Yuan for opinions expressed or votes cast in the Yuan.

Article   74
          No Member of the Legislative Yuan shall, except in case of flagrante
    delicto, be arrested or detained without the permission of the Legislative 
    Yuan.

Article   75
          No  Member of  the  Legislative  Yuan  shall  concurrently  hold  a 
    government post.

Article   76
          The organization of the Legislative Yuan shall be prescribed by law.

Chapter VII. Judiciary                                                     

Article   77
          The Judicial Yuan shall be the highest  judicial  organ of the State
    and shall have  charge  of civil, criminal, and administrative  cases, and
    over cases concerning disciplinary measures against public functionaries.

Article   78
          The Judicial  Yuan shall  interpret the  Constitution and shall have 
    the power to unify the interpretation of laws and orders.

Article   79
          The Judicial Yuan shall  have a President  and a Vice President, who
    shall be nominated and, with the consent of the Control Yuan, appointed by
    the President of the Republic.
          The  Judicial  Yuan  shall  have a  number of Grand Justices to take 
    charge of matters specified in Article 78 of this Constitution, who shall
    be nominated  and, with the consent of the Control Yuan, appointed  by the
    President  of the Republic.  
Article   80 
          Judges shall be above partisanship and shall, in accordance with law
    , hold trials independently, free from any interference.

Article   81
          Judges shall hold office for life.  No judge shall be removed  from
    office  unless  he has been guilty of a criminal  offense  or subjected to
    disciplinary measure, or declared to be under interdiction. No judge shall
    , except  in accordance  with law, be suspended or transferred or have his
    salary reduced.

Article   82
          The organization of the Judicial Yuan and of law courts  of various
    grades shall be prescribed by law.

Chapter VIII. Examination                                                 

Article   83
          The Examination Yuan shall be the highest  examination  organ of the 
    State and shall have charge of matters relating to examination, employment
    , registration, service rating, scales of salary, promotion and  transfer,    
    security  of  tenure, commendation,  pecuniary   aid  in  case  of  death, 
    retirement and old age pension.

Article   84
          The Examination Yuan shall have a President and a Vice President and
    a certain number of Members, all of whom shall be nominated  and, with the
    consent the Control Yuan, appointed by the President of the Republic.
 
Article   85
          In  the   selection  of  public  functionaries,  a  system of open 
    competitive examination shall be put into operation, and examination shall 
    be  held in different areas, with  prescribed  numbers  of persons  to be 
    selected according to various  provinces  and areas.  No person  shall be 
    appointed to a public office unless he is qualified through examination.

Article   86
          The  following  qualifications  shall  be determined  and registered  
    through examination by the Examination Yuan in accordance with law:
1.Qualification for appointment as public functionaries; and
2.Qualification for practice in specialized professions or as technicians.  

Article   87
          The Examination Yuan may, with respect to matters under its charge,
    present statutory bills to the Legislative Yuan.

Article   88
          Members of  the  Examination  Yuan  shall  be above partisanship and 
    shall independently exercise their functions in accordance with law.

Article   89
          The organization of the Examination Yuan shall be prescribed by law.

Chapter IX. Control                                                      

Article   90
          The Control Yuan shall be the highest control organ of the State and
    shall exercise  the powers  of consent, impeachment, censure, and auditing
    .

Article   91 
          The Control Yuan shall be composed of Members who shall be elected  
    by Provincial and Municipal Councils, the local Councils of Mongolia and 
    Tibet, and  Chinese  citizens  residing  abroad.  Their  numbers shall be 
    determined in accordance with the following provisions:
1.Five Members for each Province;
2.Two  Members  for each  municipality  under  the direct  jurisdiction of the
  Executive Yuan;
3.Eight Members for the Mongolian Leagues and Banners;
4.Eight Members for Tibet; and
5.Eight Members for Chinese citizens residing abroad.  

Article   92
          The Control Yuan shall  have a President  and a Vice President,  who 
    shall be elected by and from among its Members.

Article   93
          Members of the  Control Yuan shall  serve a  term  of  six years and  
    shall be re-eligible.

Article   94
          When the Control Yuan exercises the power of consent in accordance
    with this Constitution, it shall do so by resolution of a majority of the
    Members present at the meeting.

Article   95
          The  Control  Yuan may, in the  exercise  of its  power  of control, 
    request the Executive Yuan and its Ministries and Commissions to submit to 
    it for perusal the original  orders issued  by them and all other relevant 
    documents.

Article   96
          The Control Yuan may, taking into account the work of the Executive
    Yuan and its various  Ministries and  Commissions, set up a certain number 
    of committees to investigate their activities with a view  to ascertaining
    whether or not they are guilty of violation of law or neglect of duty.

Article   97
          The  Control  Yuan  may, on  the  basis  of  the  investigations and 
    resolutions  of its committees,  propose  corrective  measures and forward 
    them to the Executive Yuan and the Ministries and  Commissions  concerned, 
    directing their attention to effecting improvements.
          When  the  Control  Yuan deems a  public  functionary in the Central 
    Government or in a local government guilty of neglect of duty or violation 
    of law, it may propose corrective measures or institute an impeachment. If 
    it involves  a criminal  offense, the case shall be  turned over to a law 
    court.

Article   98
          Impeachment by the  Control  Yuan  of  a public  functionary  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  due consideration, by a  committee  composed of not  less 
    nine Members.

Article   99
          In case of impeachment by the Control Yuan of the personnel of the
    Judicial Yuan or of the Examination  Yuan for neglect of duty or violation
    of law, the  provisions of Articles  95, 97, and  98 of this  Constitution
    shall be applicable.

Article  100
          Impeachment by the Control  Yuan  of  the  President  or  the  Vice 
    President  shall be instituted upon  the proposal  of  not  less than one 
    fourth of the whole body of Members of the Control Yuan and the resolution
    , after due consideration, by the majority of the whole body of members of 
    the Control Yuan, and the same shall be presented to the National Assembly
    .

Article  101
          No Member of the Control Yuan shall be held responsible outside the
    Yuan for opinions expressed or votes cast in the Yuan.

Article  102
          No Member of the Control  Yuan  shall, except  in case  of flagrante 
     delicto, be arrested or detained without  the  permission  of the Control 
     Yuan.

Article  103
          No  member  of  the Control  Yuan  shall  concurrently hold a public 
    office or engage in any profession.

Article  104
          In the Control Yuan, there shall have an Auditor General who shall 
    be nominated and, with the consent of the Legislative  Yuan, appointed by 
    the President of the Republic.

Article  105
          The Auditor General shall, within three months after presentation by
    the Executive  Yuan  of the final  accounts  of revenues  and expenditures
    , complete  the  auditing thereof in  accordance with  law and  submit  an 
    auditing report to the Legislative Yuan.

Article  106
          The organization  of the Control Yuan shall be prescribed by law. 
    
    
    
Chapter X. Powers of the Central and Local Governments                         

Article  107 
          In  the  following  matters, the  Central Government shall have the 
    power  of legislation and administration:
1.Foreign affairs;
2.National defense and military affairs concerning national defense;
3.Nationality law and criminal, civil, and commercial law;
4.Judiciary system;
5.Aviation, national highways, state-owned railways, navigation, postal and
  telecommunication services;
6.Central Government finance and national revenues;
7.Demarcation of national, provincial, and hsien revenues;
8.State-operated economic enterprises;
9.Currency system and state banks;
10.Weights and measures;
11.Foreign trade policies;
12.Financial and economic matters affecting foreigners or foreign countries;
   and
13.Other  matters  relating to  the  Central  Government  as provided by this 
   Constitution.

Article  108
          In  the  following  matters, the  Central  Government shall have the 
    power of legislation  and administration, but  the Central Government may 
    delegate  the  power  of  Administration  to  the provincial  and   hsien  
    governments:
1. General principles of provincial and hsien self-government;
2. Division of administrative areas;
3. Forestry, industry, mining, and commerce;
4. Educational system;
5. Banking and exchange system;
6. Shipping and deep-sea fishery;
7. Public utilities;
8. Cooperative enterprises;
9. Water and land communication and transportation covering two or more 
   provinces;
10.Water conservancy, waterways, agriculture  and pastoral enterprises 
   covering two or more provinces;
11.Registration, employment, supervision, and security  of tenure of officials
   in Central and local governments;
12.Land legislation;
13.Labor legislation and other social legislation;
14.Eminent domain;
15.Census-taking and  compilation of  population  statistics  for  the  whole
   country;
16.Immigration and land reclamation;
17.Police system;
18.Public health;
19.Relief, pecuniary aid in case of death and aid in case of unemployment; and
20.Preservation of ancient books and articles and sites of cultural value.
          With respect to the various items enumerated in the preceding  paragraph, 
    the provinces may enact separate rules and regulations, provided they are not in   
    conflict with national laws.

Article  109
          In the following  matters, the provinces shall  have the  power  of
    legislation and administration, but the provinces may delegate the power 
    of administration to the hsien:
1. Provincial education, public health, industries, and communications;
2. Management and disposal of provincial property;
3. Administration of municipalities under provincial jurisdiction;
4. Province-operated enterprises;
5. Provincial cooperative enterprises;
6. Provincial   agriculture,  forestry,  water   conservancy,  fishery, animal
   husbandry, and public works;
7. Provincial finance and revenues;
8. Provincial debts;
9. Provincial banks;
10.Provincial police administration;
11.Provincial charitable and public welfare works; and
12.Other matters delegated to the provinces in accordance with national laws.
          Except as  otherwise  provided  by law, any of the matters enumerated  
    in the various items of  the preceding  paragraph, in so far as it covers two 
    or more   provinces, may be undertaken jointly by the provinces concerned.
        When any province, in undertaking  matters listed in any of the items of 
    the first  paragraph,  finds its funds insufficient, it may, by resolution of the 
    Legislative Yuan, obtain subsidies from the National Treasury.

Article  110
          In the following  matters,  the  hsien  shall  have  the  power  of 
    legislation and administration:
1. Hsien education, public health, industries and communications;
2. Management and disposal of hsien property;
3. Hsien-operated enterprises;
4. Hsien cooperative enterprises;
5. Hsien  agriculture  and  forestry,  water  conservancy,  fishery,  animal 
   husbandry and public works;
6. Hsien finance and revenues;
7. Hsien debts;
8. Hsien banks;
9. Administration of hsien police and defense;
10.Hsien charitable and public welfare works; and
11.Other matters delegated  to the hsien in accordance with national laws and
   provincial Self-Government Regulations.
          Except as otherwise provided  by law, any of  the matters enumerated 
    in the  various  items of the preceding paragraph, in so far as it covers 
    two or more hsien, may be undertaken jointly by the hsien concerned.

Article  111
          Any  matter not  enumerated in Articles 107, 108, 109, and 110 shall 
    fall within the jurisdiction of the Central  Government, if it is national
    in nature;  of the  province, if it  is provincial  in nature; and  of the
    hsien, if it  concerns the hsien. In case  of dispute, it shall be settled 
    by the Legislative Yuan.

Chapter XI. System of Local Government                    
   Section 1. The Province 

Article  112
          A Province may convoke a Provincial Assembly to enact, in accordance
    with  the General Principles  of Provincial  and Hsien  Self-Government,
    regulations,  provided  the said regulations are not in conflict with  the 
    Constitution. 
          The organization of the provincial  assembly and the election of the
    delegates shall be prescribed by law.

Article  113
          The  Provincial  Self-Government  Regulations  shall  include  the 
    following provisions:
1.In  the  province, there  shall be  a provincial  council.  Members  of  the
  Provincial council shall be elected by the people of the province.
2.In the province, there shall be a provincial  government  with  a Provincial
  Governor who shall be elected by the people of the Province.
3.Relationship between the province and the hsien.
          The  legislative  power of  the  province  shall be exercised by the 
    Provincial Council.

Article  114
          The Provincial Self-Government Regulations shall, after enactment, 
    be forthwith  submitted to the  Judicial Yuan.  The Judicial Yuan, if  it 
    deems any part thereof unconstitutional, shall declare null and void the 
    articles repugnant to the Constitution.

Article  115
          If, during the enforcement of Provincial Self-Government Regulations
    , there should arise any serious obstacle in the application of any of the
    articles  contained  therein, the  Judicial  Yuan  shall  first summon the 
    various  parties  concerned  to  present  their  views; and thereupon  the 
    Presidents  of  the  Executive  Yuan,  Legislative  Yuan,  Judicial Yuan, 
    Examination  Yuan  and  Control  Yuan  shall  form a  Committee, with the 
    President of Judicial Yuan as Chairman, to propose a formula for solution.

Article  116
          Provincial rules and regulations  that are in conflict with national
    laws shall be null and void.

Article  117
          When doubt arises  as to whether  or not there is a conflict between
    provincial rules or regulations  and national laws, interpretation thereon
    shall be made by the Judicial Yuan.

Article  118
          The self-government of municipalities  under the direct jurisdiction
    of the Executive Yuan shall be prescribed by law.

Article  119
          The local self-government of Mongolian Leagues and Banners shall be 
    prescribed by law.

Article  120
          The self-government system of Tibet shall be safeguarded.

   Section 2. The Hsien

Article  121
          The hsien shall enforce hsien self-government.

Article  122
          A hsien  may convoke a  hsien assembly to enact, in accordance with 
    the General Principles of Provincial and Hsien Self-Government, hsien self
    -government regulations, provide the said regulations are not in conflict   
    with the Constitution or with provincial self-government regulations.
 
Article  123
          The people of the hsien shall, in accordance  with law, exercise the
    rights of initiative and referendum  in matters within the sphere of hsien
    self-government and shall, in accordance  with law, exercise the rights of
    election and recall  of the magistrate  and other hsien  self-government
    officials.

Article  124
          In the hsien, there shall be a hsien  council. Members  of the hsien
    council shall be elected by the people of the hsien.
          The legislative power of the hsien shall be exercised  by the hsien
    council.

Article  125
          Hsien rules and regulations that are in conflict with national laws,
    or with provincial rules and regulations, shall be null and void.  

Article  126 
          In  the  hsien, there  shall  be  a  hsien  government  with  hsien 
    magistrate who shall be elected by the people of the hsien.

Article  127
          The hsien magistrate shall have charge of hsien self-government and
    shall administer matters delegated  to hsien by the central  or provincial
    government.

Article  128
          The provisions  governing  the hsien shall apply mutatis mutandis to
    the municipality.

Chapter XII. Election, Recall, Initiative, and Referendum         

Article  129
          The various  kinds  of elections  prescribed  in this  Constitution,
    except as otherwise provided  by this Constitution, shall be by universal,
    equal, and direct suffrage and by secret ballot.

Article  130
          Any citizen of the Republic of China who has attained  the age of 20
    years shall have the right of election in accordance  with law.  Except as
    otherwise provided  by this  Constitution  or by law, any citizen  who has
    attained  the age of 23 years shall  have the right  of being  elected  in
    accordance with law.

Article  131
          All candidates  in the various kinds of election prescribed  in this
    Constitution shall openly campaign for their election.

Article  132
          Intimidation or inducements shall be strictly forbidden in elections
    . Suits arising in connection with elections shall be tried by courts.

Article  133 
          A person  elected may, in  accordance with law,  be recalled by his 
    constituency.

Article  134
          In the various  kinds  of election, quotas  of successful candidates
    shall be assigned to women; methods of implementation  shall be prescribed
    by law.

Article  135
          The number of delegates to the National Assembly and the manner of 
    their  election  from  people  in  interior  areas,  who  have  their own 
    conditions of living and habits, shall be prescribed by law.

Article  136
          The  exercise of the  rights of initiative  and  referendum shall be 
    prescribed by law.

Chapter XIII. Fundamental National Policies                 
   Section 1. National Defense 

Article  137
          The national  defense of the Republic  of China  shall  have  as its
    objective  the safeguarding of national  security and the preservation of
    world peace.
          The organization of national defense shall be prescribed by law.

Article  138
          The land, sea, and air forces of the whole country  shall  be above
    personal, regional,  and party  affiliations, shall be loyal to the state 
    and shall protect the people.

Article  139
          No political party and no individual shall make use of armed forces
    as an instrument in the struggle for political powers.

Article  140
          No military man in active service may concurrently hold a civil 
    office.
  
 Section 2. Foreign Policy

Article  141
          The foreign  policy  of the Republic of China shall, in a spirit of
    independence and initiative and on the basis of the principles of equality
    and  reciprocity, cultivate  good-neighborliness with  other  nations, and
    respect treaties  and the interests of Chinese citizens  residing  abroad,
    promote  international  cooperation,  advance  international  justice  and 
    ensure world peace.

   Section 3. National Economy

Article  142
          National  economy  shall  be based  on  the  Principle  of People s 
    Livelihood  and shall seek to effect  equalization  of land ownership  and 
    restriction  of  private  capital  in  order  to  attain  a  well-balanced    
    sufficiency in national wealth and people s livelihood.

Article  143
          All land within the territory of the Republic  of China shall belong
    to the whole body of citizens. Private ownership  of land, acquired by the
    people in accordance with law, shall be protected  and restricted  by law.
    Privately-owned  land shall be liable to taxation according  to its value,
    and the Government may buy such land according to its value.
          Mineral  deposits which are  embedded in the land, and natural power 
    which  may, for economic purpose, be utilized  for  public  benefit shall 
    belong to the  State, regardless of the fact that private individuals many    
    have acquired ownership over such land.
          If the  value  of a piece  of land  has increased, not  through  the
    exertion  of labor  or the  employment  of capital, the  State  shall levy
    thereon an increment  tax, the proceeds  of which shall be enjoyed  by the
    people in common.
          In the distribution  and readjustment of land, the  State  shall  in
    principle assist self-farming land-owners  and persons who make use of the
    land by themselves, and shall  also regulate  their  appropriate  areas of
    operation.

Article  144
          Public utilities  and  other  enterprises  of a monopolistic  nature
    shall, in principle, be under public operation. In cases permitted by law,
    they may be operated by private citizens.

Article  145
          With respect to private wealth and privately operated  enterprises,
    the State shall restrict  them by law if they are deemed detrimental  to a
    balanced development of national wealth and people s livelihood.
          Cooperative enterprises  shall receive encouragement and assistance
    from the State.
          Private  citizen s productive  enterprises  and foreign trade shall 
    receive encouragement, guidance and protection from the State.

Article  146
          The State shall, by the use of scientific  techniques, develop water
    conservancy,  increase the  productivity  of  land,  improve  agricultural
    conditions,   develop   agricultural  resources  and  hasten   the 
    industrialization of agriculture.

Article  147
          The Central Government, in order to attain a balanced economic 
    development among the provinces, shall give appropriate aid to poor or 
    unproductive provinces.
          The provinces, in order to attain a balanced economic development 
    among the hsien, shall give appropriate aid to poor or unproductive hsien.

Article  148
          Within the territory of the Republic of China, all goods shall be
    permitted to move freely from place to place.

Article  149
          Financial institutions shall, in accordance with law, be subject to 
    State control.

Article  150
          The State shall extensively establish financial institutions for the
    common people, with a view to relieving unemployment.

Article  151
          With respect to Chinese citizens residing abroad, the State shall
    foster and protect development of their economic enterprises.
 
   Section 4. Social Security 

Article  152
          The State shall  provide suitable  opportunities for work to people 
    who are able to work.

Article  153
          The  State, in  order to  improve the  livelihood  of  laborers and 
    farmers and to improve their productive skills, shall enact laws and carry 
    out policies for their protection.
          Women  and children engaged in  labor shall, according to their  age 
    and physical condition, be accorded special protection.

Article  154
          Capital  and labor  shall, in  accordance  with  the principles  of 
    harmony and cooperation, promote  productive enterprises. Conciliation and 
    arbitration of disputes between capital and labor shall be prescribed by 
    law.

Article  155
          The State, in order to promote  social welfare, shall  establish  a
    social insurance system. To the aged and the infirm who are unable to earn
    a living, and to victims  of  unusual  calamities, the  State  shall  give
    appropriate assistance and relief.

Article  156
          The  State,  in order  to consolidate the  foundation  of  national 
    existence and development, shall protect motherhood and carry out a policy 
    for the promoting of the welfare of women and children.

Article  157
          The  State, in order  to improve  national  health, shall  establish
    extensive  services for sanitation  and health protection, and a system of
    public medical service.

   Section 5. Education and Culture

Article  158
          Education  and  culture  shall  aim  at  the  development  among the 
    citizens of the national  spirit, the spirit of self-government, national 
    morality, good physique, scientific knowledge and ability to earn a living
    .

Article  159
          All citizens shall have an equal opportunity to receive an education
    .

Article  160
          All children  of school age from 6 to 12 years  shall  receive  free
    primary education. Those from poor families shall be supplied with book by
    the Government.
          All citizens above school age who have not received primary 
    education shall receive supplementary education free of charge and shall  
    also be supplied with books by the Government.

Article  161
          The  national, provincial, and  local government shall  extensively
    establish scholarships to assist students of good scholastic  standing and
    exemplary conduct  who lack the means to continue  their school education.
    
Article  162 
          All public and private educational and cultural institutions in the 
    country shall, in accordance with law, be subject to State supervision.

Article  163
          The State shall pay due  attention to the balanced  development  of 
    education in different regions, and shall promote social education in 
    order to raise the cultural standards of the citizens in general. Grants 
    from  the  National  Treasury  shall  be  made  to  frontier  regions  and 
    economically  poor areas to help them meet their education  and cultural 
    expanse. The Central Government  may  either itself  undertake  the  more 
    important educational  and cultural  enterprises in such  regions or give 
    them financial assistance.

Article  164
          Expenditures of educational programs, scientific studies and 
    cultural service  shall not be, in respect of the Central  Government, not 
    less  than 15 per cent of the  total national  budget; in respect of each 
    province, not less than 25 percent of the total provincial budget; and in 
    respect of each municipality or hsien, less than 35 percent of the total 
    municipal  or  hsien  budget.  Educational  and  cultural  foundations   
    established in accordance with law shall, together with their property, be 
    protected.

Article  165
          The State shall safeguard the livelihood of those who work in the
    field of education, sciences  and arts, and shall, in accordance  with the
    development  of national economy, increase their remuneration from time to
    time.  

Article  166 
          The State shall encourage scientific discoveries and inventions, and 
    shall  protect  ancient  sites and  articles of  historical,  cultural or 
    artistic value.

Article  167
          The  State shall give  encouragement or  subsidies to the following 
    enterprises or individuals:
1.Educational enterprises in the country which have been operated  with good
  record by private individuals;
2.Educational enterprises which have been operated with good record by Chinese
  citizens residing abroad;
3.Persons who have made discoveries or inventions in the field of learning and
  technology; and
4.Persons who have rendered long and meritorious services in the field of 
  education.  

   Section 6. Frontier Regions

Article  168
          The State  shall accord  to various  racial  groups  in the frontier
    regions legal protection of their status and shall give special assistance
    to their local self-government undertakings.

Article  169
          The  State shall, in a positive  manner, undertake  and  foster  the
    develop  of education, culture, communications, water  conservancy, public
    health and other economic  and social  enterprises  of the various  racial
    group in the frontier regions. With respect to the utilization of land, 
    the State shall, after taking into account the climatic  conditions, the 
    nature of the soil, and the life and  habits of the people, adopt measures  
    to protect the land and to assist in its development.

Chapter XIV. Enforcement and Amendment of the Constitution

Article  170
          The  term  "law"  as used  in  this  Constitution, shall  denote any
    legislative  bill  that  have  been  passed  by the  Legislative  Yuan and
    promulgated by the President of the Republic.

Article  171
          Laws that are in  conflict with the Constitution shall  be null and 
    void. When doubt arises as to whether or not a law is in conflict with the 
    Constitution, interpretation thereon shall be made by the Judicial Yuan.

Article  172
          Ordinance  that are in conflict with the  Constitution or with laws 
    shall be null and void.

Article  173
          The Constitution shall be interpreted by the Judicial Yuan.

Article  174
          Amendments to the Constitution shall be made in accordance with one 
    of the following procedures:
1.Upon  the  proposal of one-fifth  of the  total number  of delegates to the
  National  Assembly  and by a resolution  of three-fourths  of the  delegates
  present at a meeting  having a quorum of two-thirds  of the entire Assembly,
  the Constitution may be amended.
2.Upon the proposal of one-fourth of the members of the Legislative  Yuan and 
  by a resolution of three-fourths of the members  present at a meeting having 
  a quorum three-fourths of the members of the Yuan, an amendment may be drawn 
  up  and submitted to  the National  Assembly  by  way  of referendum. Such a 
  proposed amendment to the Constitution  shall be publicly announced half a 
  year before the National Assembly convenes.

Article  175
          Whenever  necessary, enforcement procedures  in regard to any matter 
    prescribed in this Constitution shall be separately provided by law.
          The preparatory procedures for the enforcement  of this Constitution 
    shall be  decided upon by  the same National  Assembly which  shall have  
    adopted this Constitution.
Modification:2014/9/15
 

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