The Fight For The Republic in China Part 39

Art. 15. The citizens of the Republic of China shall have the right to vote and to be voted for according to law.

Art. 16. The citizens of the Republic of China shall have the right to hold official posts according to law.

Art. 17. The citizens of the Republic of China shall perform the obligation of paying taxes according to law.

Art. 18. The citizens of the Republic of China shall perform the obligation of military service according to law.

Art. 19. The citizens of the Republic of China shall be under the obligation to receive primary education according to law.

CHAPTER IV. THE NATIONAL a.s.sEMBLY

Art. 20. The legislative power of the Republic of China shall be exercised by the National a.s.sembly exclusively.

Art. 21. The National a.s.sembly shall consist of a Senate and House of Representatives.

Art. 22. The Senate shall be composed of the Senators elected by the highest local legislative a.s.semblies and other electoral bodies.

Art. 23. The House of Representatives shall be composed of the representatives elected by the various electoral districts in proportion to the population.

Art. 24. The members of both Houses shall be elected according to law.

Art. 25. In no case shall one person be a member of both Houses simultaneously.

Art. 26. No member of either House shall hold any official post, civil or military during his term.

Art. 27. The qualifications of the members of either House shall be determined by the respective Houses.

Art. 28. The term of office for a member of the Senate shall be six years. One-third of the members shall retire and new ones be elected every two years.

Art. 29. The term of office for a member of the House of Representatives shall be three years.

Art. 30. Each House shall have a President and a Vice-President who shall be elected from among its members.

Art. 31. The National a.s.sembly shall itself convene, open and close its sessions, but as to extraordinary sessions, they shall be called under one of the following circ.u.mstances:

(1) A signed request of more than one-third of the members of each House.

(2) A mandate of the President.

Art. 32. The ordinary sessions of the National a.s.sembly shall begin on the first day of the eighth month in each year.

Art. 33. The period for the ordinary session of the National a.s.sembly shall be four months which may be prolonged, but the prolonged period shall not exceed the length of the ordinary session.

Art. 34. (Eliminated.)

Art. 35. Both Houses shall meet in joint session at the opening and closing of the National a.s.sembly.

If one House suspends its session, the other House shall do likewise during the same period.

When the House of Representatives is dissolved, the Senate shall adjourn during the same period.

Art. 36. The work of the National a.s.sembly shall be conducted in the Houses separately. No bill shall be introduced in both Houses simultaneously.

Art. 37. Unless there be an attendance of over half of the total number of members of either House, no sitting shall be held.

Art. 38. Any subject discussed in either House shall be decided by the votes of the majority of members attending the sitting. The President of each House shall have a deciding vote in case of a tie.

Art. 39. A decision of the National a.s.sembly shall require the decision of both Houses.

Art. 40. The sessions of both Houses shall be held in public, except on request of the government, or decision of the Houses when secret sessions may be held.

Art. 41. Should the House of Representatives consider either the President or the Vice-President of the Republic of China has committed treason, he may be impeached by the decision of a majority of over two-thirds of the members present, there being a quorum of over two-thirds of the total membership of the House.

Art. 42. Should the House of Representatives consider that the Cabinet Ministers have violated the law, an impeachment may be inst.i.tuted with the approval of over two-thirds of the members present.

Art. 43. The House of Representatives may pa.s.s a vote of want of Confidence in the Cabinet Ministers.

Art. 44. The Senate shall try the impeached President, Vice-President and Cabinet Ministers.

With regard to the above-mentioned trial, no judgment of guilt or violation of the law shall be pa.s.sed without the approval of over two-thirds of the members present.

When a verdict of "Guilty" is p.r.o.nounced on the President or Vice-President, he shall be deprived of his post, but the infliction of punishment shall be determined by the Supreme Court of Justice.

When the verdict of "Guilty" is p.r.o.nounced upon a Cabinet Minister, he shall be deprived of his office and may forfeit his public rights.

Should the above penalty be insufficient for his offence, he shall be tried by the Judicial Court.

Art. ... Either of the two Houses shall have power to request the government to inquire into any case of delinquency or unlawful act on the part of any official and to punish him accordingly.

Art. 45. Both Houses shall have the right to offer suggestions to the Government.

Art. 46. Both Houses shall receive and consider the pet.i.tions of the citizens.

Art. 47. Members of either House may introduce interpellations to the members of the Cabinet and demand their attendance in the House to reply thereto.

Art. 48. Members of either House shall not be responsible to those outside the House for opinions expressed and votes cast in the House.

Art. 49. No member of either House during session shall be arrested or detained in custody without the permission of his respective House, unless he be arrested in the commission of the offence or act.

When any member of either House has been so arrested, the government should report the cause to his respective House. Such member's House, during session, may with the approval of its members demand for the release of the arrested member and for temporary suspension of the legal proceedings.

Art. 50. The annual allowance and other expenses of the members of both Houses shall be fixed by law.

(CHAPTER V. on Resident Committee of the National a.s.sembly with 4 articles has been eliminated.)

CHAPTER VI. THE PRESIDENT

Art. 55. The administrative power of the Republic of China shall be vested in the President with the a.s.sistance of the Cabinet Ministers.

* Art. 56. A person of the Republic of China in the full enjoyment of public rights, of the age of forty years or more, and resident in China for at least ten years, is eligible for election as President.