The Fight For The Republic in China Part 40

* Art. 57. The President shall be elected by a Presidential Election Convention, composed of the members of the National a.s.sembly.

For the above election, an attendance of at least two-thirds of the number of electors shall be required, and the voting shall be performed by secret ballot. The person obtaining three-fourths of the total votes cast shall be elected; but should no definite result be obtained after the second ballot, the two candidates obtaining the most votes in the second ballot shall be voted for and the candidate receiving the majority vote shall be elected.

* Art. 58. The period of office of the President shall be five years, and if re-elected, he may hold office for another term.

Three months previous to the expiration of the term, the members of the National a.s.sembly of the Republic shall themselves convene and organize the President Election Convention to elect a President for the next term.

* Art. 59. When the President is being inaugurated, he shall make an oath as follows: "I hereby solemnly swear that I will most faithfully obey the Const.i.tution and discharge the duties of the President."

* Art. 60. Should the post of the President become vacant, the Vice-President shall succeed him until the expiration of the term of office of the President. Should the President be unable to discharge his duties for any cause, the Vice-President shall act for him.

Should the Vice-President vacate his post at the same time, the Cabinet shall officiate for the President, but at the same time, the members of the National a.s.sembly shall within three months convene themselves and organize the Presidential Election Convention to elect a new President.

* Art. 61. The President shall be relieved of his office at the expiration of his term of his office. If, at the end of the period, the new President has not been elected, or, having been elected, be unable to a.s.sume office and when the Vice-President is also unable to act as President, the Cabinet shall officiate for the President.

* Art. 62. The election of the Vice-President shall be in accordance with the regulations fixed for the election of the President; and the election of the Vice-President shall take place simultaneously with the election of the President. Should the post of the Vice-President become vacant, a new Vice-President shall be elected.

Art. 63. The President shall promulgate all laws and supervise and secure their enforcement.

Art. 64. The President may issue and publish mandates for the execution of laws in accordance with the powers delegated to him by the law.

Art. 65. (Eliminated.)

Art. 66. The President shall appoint and remove all civil and military officials, with the exception of those specially provided for by the Const.i.tution or laws.

Art. 67. The President shall be the Commander-in-Chief of the Army and Navy of the Republic.

The organization of the Army and Navy shall be fixed by law.

Art. 68. In intercourse with foreign countries, the President shall be the representative of the Republic.

Art. 69. The President may, with the concurrence of the National a.s.sembly, declare war, but, in case of defence against foreign invasion, he may request recognition of the National a.s.sembly after the declaration of the war.

Art. 70. The President may conclude treaties; but with regard to treaties of peace, and those affecting legislation, they shall not be valid, if the consent of the National a.s.sembly is not obtained.

Art. 71. The President may proclaim martial law according to law; but if the National a.s.sembly should consider that there is no such necessity, he should declare the withdrawal of the martial law.

Art. 72. (Eliminated.)

Art. 73. The President may, with the concurrence of the Supreme Court of Justice, grant pardons, commute punishment, and restore rights; but with regard to a verdict of impeachment, unless with the concurrence of the National a.s.sembly, he shall not make any announcement of the restoration of rights.

Art. 74. The President may suspend the session of either the Senate or the House of Representatives for a period not exceeding ten days, but during any one session, he may not exercise this right more than once.

Art. 75. With the concurrence of two-thirds or more of the members of the Senate present, the President may dissolve the House of Representatives, but there must not be a second dissolution during the period of the same session.

When the House of Representatives is dissolved by the President, another election shall take place immediately, and the convocation of the House at a fixed date within five months should be effected to continue the session.

Art. 76. With the exception of high treason, no criminal charges shall be brought against the President before he has vacated his office.

Art. 77. The salaries of the President and Vice-President shall be fixed by law.

CHAPTER VII. THE CABINET

Art. 78. The Cabinet shall be composed of the Cabinet Ministers.

Art. 79. The Premier and the Ministers of the various ministries shall be called the Cabinet Ministers.

Art. 80. The appointment of the Premier shall be approved by the House of Representatives.

Should a vacancy in the Premiership occur during the time of adjournment of the National a.s.sembly, the President may appoint an Acting-Premier, but it shall be required that the appointment must be submitted to the House of Representatives for approval within seven days after the convening of the next session.

Art. 81. Cabinet Ministers shall a.s.sist the President and shall be responsible to the House of Representatives.

Without the counter-signature of the Cabinet Minister to whose Ministry the Mandate or dispatch applies, the mandate or dispatch of the President in connection with State affairs shall not be valid; but this shall not apply to the appointment or dismissal of the Premier.

Art. 82. When a vote of want of confidence in the Cabinet Ministers is pa.s.sed, if the President does not dissolve the House of Representatives according to the provisions made in Art. 75, he should remove the Cabinet Ministers.

Art. 83. The Cabinet Ministers shall be allowed to attend both Houses and make speeches, but in case of introducing bills for the Executive Department, their delegates may act for them.

CHAPTER VIII. COURTS OF JUSTICE

Art. 84. The Judicial authority of the Republic of China shall be exercised by the Courts of Justice exclusively.

Art. 85. The organization of the Courts of Justice and the qualifications of the Judges shall be fixed by law.

The appointment of the Chief-Justice of the Supreme Court should have the approval of the Senate.

Art. 86. The Judiciary shall attend to and settle all civil, criminal, administrative and other cases, but this does not include those cases which have been specially provided for by the Const.i.tution or law.

Art. 87. The trial of cases in the law courts shall be conducted publicly, but those affecting public peace and order or propriety may be held in camera.

Art. 88. The Judges shall be independent in the conducting of trials and none shall be allowed to interfere.

Art. 89. Except in accordance with law, judges, during their continuation of office shall not have their emoluments decreased, nor be transferred to other offices, nor shall they be removed from office.

During his tenure of office, no judge shall be deprived of his office unless he is convicted of crime, or for offences punishable by law. But the above does not include cases of reorganization of Judicial Courts and when the qualification of the Judges are modified. The punishments and fines of the Judicial Officials shall be fixed by law.

CHAPTER IX. LEGISLATION

Art. 90. The members of both Houses and the Executive Department may introduce bills of law, but if any bill of law is rejected by the House it shall not be re-introduced during the same session.

Art. 91. Any bill of law which has been pa.s.sed by the National a.s.sembly shall be promulgated by the President within 15 days after receipt of the same.

Art. 92. Should the President disapprove of any bill of law pa.s.sed by the National a.s.sembly, he shall within the period allowed for promulgation, state the reason of his disapproval and request the reconsideration of the same by the National a.s.sembly.

If a bill of law has not yet been submitted with a request for consideration and the period for promulgation has pa.s.sed; it shall become law. But the above shall not apply to the case when the session of the National a.s.sembly is adjourned, or, the House of Representatives dissolved before the period for the promulgation is ended.

Art. 93. The law shall not be altered or repealed except in accordance with the law.