| To meet the
requisites of the nation prior to national unification, the following articles of the
Republic of China Constitution are added or amended to the Republic of China Constitution
in accordance with Article 27, Paragraph 1, Item 3;
and Article 174, Item 1:
Article 1
(1) Delegates to the National Assembly shall be elected in
accordance with the following provisions, the restrictions in Article 26 and Article
135 of the Constitution notwithstanding:
1. Two delegates shall be elected from each Special Municipality and each county or
city in the free area. However, where the population exceeds 100,000, one delegate shall
be added for each additional 100,000 persons.
2. Three delegates each shall be elected from among the lowland and highland
aborigines in the free area.
3. Twenty delegates shall be elected from among the Chinese citizens who reside
abroad.
4. Eighty delegates shall be elected from the nationwide constituency.
(2) Members for the seats set forth in Items 3 and 4 of
the preceding paragraph shall be elected in accordance with the formula for proportional
representation among political parties. If the number of seats allotted to a Special
Municipality, county or city covered under Item 1 above, or if the number of seats won by
a political party under Item 3 or 4 above is between five and ten, then one of the seats
stipulated in the pertaining item shall be reserved for a female candidate. Where the
number exceeds ten, one seat out of each additional ten shall be reserved for a female
candidate.
(3) The powers of the National Assembly shall be as
follows, and the provisions of Article 27, Paragraph 1,
Item 1 and Item 2 of the Constitution shall not apply:
1. To elect the vice president in accordance with Article
2, Paragraph 7 of the Additional Articles when the said office becomes vacant;
2. To recall the president or the vice president in accordance with Article 2, Paragraph 9 of the Additional Articles;
3. To pass a resolution on the impeachment of the President or Vice President instituted
by the Control Yuan in accordance with Article Article 2,
Paragraph 10 of the Additional Articles;
4. To amend the Constitution in accordance with Article
27, Paragraph 1, Item 3 and Article 174, Item 1
of the Constitution;
5. To vote, in accordance with Article 27, Paragraph 1,
Item 4 and Article 174, Item 2 of the
Constitution, on the constitutional amendment proposals submitted by the Legislative Yuan;
and
6. To confirm, in accordance with Article 4, Paragraph 1;
Article 5, Paragraph 2; and Article 6, Paragraph 2 of the Additional Articles, the
appointment of personnel nominated by the president.
(4) When the National Assembly meets in accordance with
Item 1, or Item 4 through Item 6 of the preceding paragraph, or at the request of not
fewer than two-fifths of its delegates, the session shall be convened by the president.
When it meets in accordance with Item 2 or Item 3 of the preceding paragraph, the session
shall be convoked by the speaker of the National Assembly or by the President of the
Legislative Yuan prior to the establishment of the office of the speaker. The provisions
of Article 29 and Article 30 of the Constitution shall not apply.
(5) When the National Assembly convenes, it shall hear a
report on the state of the nation by the president, discuss national affairs, and offer
counsel. In the event that the National Assembly has not convened for a period of one
year, the president shall convoke an extraordinary session for the aforementioned purpose,
the restrictions in Article 30 of the Constitution
notwithstanding.
(6) Beginning with the Third National Assembly, delegates
to the National Assembly shall be elected every four years. The provisions of Article 28, Paragraph 1 of the Constitution shall not
apply.
(7) The term of office for the members of the Second
National Assembly shall expire on 19 May 1996, and the term of office for the members of
the Third National Assembly shall begin on 20 May 1996. The provisions in Article 28, Paragraph 2 of the Constitution shall not
apply.
(8) Beginning with the Third National Assembly, the
Assembly shall have a speaker and a deputy speaker who shall be elected by the delegates
of the Assembly from amongst themselves. The speaker shall represent the National Assembly
and preside over its meetings.
(9) The procedures for the exercise of powers by the
National Assembly shall be determined by the Assembly itself. The provisions of Article 34 of the Constitution shall not apply.
Article 2
(1) The president and the vice president shall be directly
elected by the entire populace of the free area of the Republic of China. This shall be
effective from the election for the ninth-term president and the vice president in 1996.
The presidential and the vice presidential candidates shall register jointly and be listed
as a pair on the ballot. The pair that receives the highest number of votes shall be
elected. Citizens of the free area of the Republic of China residing abroad may return to
the ROC to exercise their electoral rights and this shall be stipulated by law.
(2) Presidential orders to appoint or remove from office
personnel appointed with the confirmation of the National Assembly or Legislative Yuan in
accordance with the Constitution do not require the countersignature of the president of
the Executive Yuan. The provisions of Article 37 of
the Constitution shall not apply.
(3) Orders to remove the president of the Executive Yuan
from office shall take effect after the new nominee to this office has been confirmed by
the Legislative Yuan.
(4) The president may, by resolution of the Executive Yuan
Council, issue emergency orders and take all necessary measures to avert imminent danger
affecting the security of the State or of the people or to cope with any serious financial
or economic crisis, the restrictions in Article 43
of the Constitution notwithstanding. However, such orders shall, within ten days of
issuance, be presented to the Legislative Yuan for ratification. Should the Legislative
Yuan withhold ratification, the said emergency orders shall forthwith cease to be valid.
(5) To determine major policies for national security, the
president may establish a National Security Council and its subsidiary organ, the National
Security Bureau.. The organization of the said organs shall be stipulated by law.
(6) Beginning with the ninth presidential term, the term
of office for both the President and the Vice President shall be four years. The President
and the Vice President may be re-elected for a second term; and the provisions in Article 47 of the Constitution shall not apply.
(7) Should the office of the vice president become vacant,
the president shall nominate a candidate within three months and convoke the National
Assembly to elect a new vice president, who shall serve out the original term until its
expiration.
(8) Should the offices of both the president and the vice
president become vacant, the president of the Executive Yuan shall exercise the official
powers of the president and the vice president. A new president and a new vice president
shall be elected in accordance with Paragraph 1 of this article and shall serve out each
respective original term until its expiration. The pertinent provisions of Article 49 of the Constitution shall not apply.
(9) Recall of the president or the vice president shall be
motioned by one-fourth of all delegates to the National Assembly, proposed with the
concurrence of two-thirds of such delegates, and passed by more than one-half of the valid
ballots to recall cast by more than half of all voters in the free area.
(10) The president and the vice president shall be
dismissed from office should an impeachment proposal by the Control Yuan submitted to the
National Assembly be passed by two-thirds of all delegates in the National Assembly.
Article 3
(1) Members of the Legislative Yuan shall be elected
according to the following provisions, the restrictions in Article 64 of the Constitution notwithstanding:
1. Two members shall be elected from each province and each Special Municipality in the
free area. Where the population exceeds 200,000, however, one member will be added for
each additional 100,000 persons; and where the population exceeds one million, one member
will be added for each additional 200,000 persons.
2. Three members each shall be elected from among the lowland and highland aborigines in
the free area.
3. Six members shall be elected from the Chinese citizens who reside abroad.
4. Thirty members shall be elected from the nationwide constituency.
(2) The members set forth in Items 3 and 4 above shall be
elected in accordance with the formula for proportional representation among political
parties. If the number of seats allotted to a province or Special Municipality set forth
in Item 1 above; or if the number of seats won by a political party under Item 3 or 4
above is between five and ten, then one of the seats stipulated in the pertaining
paragraph shall be reserved for a female candidate. Where the number exceeds ten, one seat
out of each additional ten shall be reserved for a female candidate.
Article 4
(1) The Judicial Yuan shall have a president, a vice
president, and a certain number of Grand Justices, all of whom shall be nominated and,
with the consent of the National Assembly, appointed by the President, and the pertinent
provisions of Article 79 of the Constitution shall
not apply.
(2) The grand justices of the Judicial Yuan shall, in
addition to discharging their duties in accordance with Article
78 of the Constitution, also form a Constitutional Court to adjudicate matters
relating to the dissolution of unconstitutional political parties.
(3) A political party shall be considered unconstitutional
if its goals or activities endanger the existence of the Republic of China or the nation's
free and democratic constitutional order.
Article 5
(1) The Examination Yuan shall be the highest examination
body of the State, and shall be responsible for the following matters; and the provisions
of Article 83 of the Constitution shall not apply:
1. All examination-related matters;
2. All matters relating to the qualification screening, security of tenure, pecuniary aid
in case of death, and retirement of civil servants; and
3. All Legal matters relating to the employment, discharge, performance evaluation, scale
of salaries, promotion, transfer, commendation and award of civil servants.
(2) The Examination Yuan shall have a president, a vice
president, and several members, all of whom shall be nominated and, with the consent of
the National Assembly, appointed by the president; and the provisions of Article 84 of the Constitution shall not apply.
(3) The provisions of Article
85 of the Constitution concerning the holding of examinations in different areas, with
prescribed numbers of persons to be selected according to various provinces and areas,
shall cease to apply.
Article 6
(1) The Control Yuan shall be the highest control body of
the State and shall exercise the powers of impeachment, censure and audit; and the
provisions of Article 90 and Article 94 of the Constitution concerning the exercise
of the power of consent shall not apply.
(2) The Control Yuan shall have 29 members, including a
president and a vice president, all of whom shall serve a term of six years. All members
shall be nominated and, with the consent of the National Assembly, appointed by the
president of the Republic. The provisions of Article 91
through Article 93 of the Constitution shall cease to apply.
(3) Impeachment proceedings by the Control Yuan against a
public functionary in the central government, or local governments, or against personnel
of the Judicial Yuan or the Examination Yuan, shall be initiated by two or more members of
the Control Yuan, and be investigated and voted upon by a committee of not less than nine
of its members, the restrictions in Article 98 of
the Constitution notwithstanding.
(4) In the case of impeachment by the Control Yuan of
Control Yuan personnel for dereliction of duty or violation of the law, the provisions of Article 95 and Article
97, Paragraph 2 of the Constitution, as well as the preceding paragraph, shall apply.
(5) A motion by the Control Yuan impeaching the President
or the Vice President must be initiated by more than half of all the members of the
Control Yuan and passed by more than two-thirds of all such members for it to be submitted
to the National Assembly notwithstanding the restrictions in Article 100 of the Constitution.
(6) Members of the Control Yuan shall be beyond party
affiliation and independently exercise their powers and discharge their responsibilities
in accordance with the law.
(7) The provisions of Article
101 and Article 102 of the Constitution shall
cease to apply.
Article 7
(1) The remuneration or pay of the delegates to the
National Assembly and the members of the Legislative Yuan shall be regulated by law.
(2) Except for general annual adjustments, individual
regulations on increase of remuneration or pay shall go into effect starting with the
subsequent National Assembly or Legislative Yuan.
Article 8
The system of self-government in the provinces and
counties shall include the following provisions, which shall be established by the
enactment of appropriate laws, the restrictions in Article
108, Paragraph 1, Item 1; Article 112 through
Article 115; and Article 122 of the
Constitution notwithstanding:
1. There shall be a provincial assembly in each province and a county council in each
county. Members of the provincial assembly and the county council shall be elected by the
people of the province and the people of the county, respectively.
2. The legislative power of a province and that of a county shall be exercised by the
provincial assembly and the county council, respectively.
3. In a province, there shall be a provincial government with a provincial governor. In a
county, there shall be a county government with a county magistrate. The provincial
governor and the county magistrate shall be elected by the people of the province and the
people of the county, respectively.
4. The relationship between the province and the county.
5. The self-governance of province is subject to supervision by the Executive Yuan, while
the self-governance of counties is subject to supervision by the provincial government.
Article 9
(1) The State shall encourage development of and
investment in science and technology, facilitate industrial upgrading, promote
modernization of agriculture and fishery, emphasize exploitation and utilization of water
resources, and strengthen international economic cooperation.
(2) Environmental and ecological protection shall be given
equal consideration with economic and technological development.
(3) The State shall manage government-run financial
organizations in line with the principles of business administration. The management,
personnel, budget proposals, final budgets, and audit of the government-run financial
organizations shall be specially regulated by law..
(4) The State shall inaugurate universal health insurance
and promote the research and development of both modern and traditional medicines.
(5) The State shall protect the dignity of women,
safeguard their personal safety, eliminate sexual discrimination, and further substantive
gender equality.
(6) The State shall safeguard the rights of the
handicapped and disabled to insurance, medical care, education, training, employment
assistance, support for daily living needs and relief, so as to help them attain
independence and further their careers.
(7) The State shall accord to the aborigines in the free
area legal protection of their status and the right to political participation. It shall
also provide assistance and encouragement for their education, cultural preservation,
social welfare and business undertakings. The same protection and assistance shall be
given to the people of Kinmen and Matsu areas.
(8) The State shall accord to Chinese nationals residing
overseas protection of their rights to political participation.
Article 10
Rights and obligations between the people of the Chinese
mainland area and those of the free area, and the disposition of other related affairs may
be specified by law.
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