| 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
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 citizens of the Republic of
China who reside abroad.
4. Eighty delegates shall be elected from the nationwide constituency.
If the number of delegates to be elected in a Special
Municipality, county or city under Item 1 of the preceding paragraph is not fewer than
five and not more than ten, one shall be a female delegate; where the number exceeds ten,
one of each additional ten shall be a female delegate. The number of delegates to be
elected under Item 3 and Item 4 of the preceding paragraph shall be determined according
to a formula for proportional representation among political parties; and for every four
delegates allotted to a political party, one shall be a female delegate.
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 initiate a recall of the president or the vice president in accordance with Article 2, Paragraph 9 of the Additional Articles;
3. To deliberate, in accordance with Article 2, Paragraph
10 of the Additional Articles, a petition for the impeachment of the president or the
vice president initiated by the Legislative Yuan;
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 5, Paragraph 1;
Article 6, Paragraph 2; and Article 7, Paragraph 2 of the Additional Articles, the
appointment of personnel nominated by the president.
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. The provisions of Article 29 and Article
30 of the Constitution shall not apply.
When the National Assembly convenes, it may 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 a session for the aforementioned purpose, the restrictions in
Article 30 of the Constitution notwithstanding.
Delegates to the National Assembly shall be elected every
four years. The provisions of Article 28, Paragraph 1
of the Constitution shall not apply.
The National 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 when that body
is in session.
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
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.
Presidential orders to appoint or remove from office the
president of the Executive Yuan or personnel appointed with the confirmation of the
National Assembly or Legislative Yuan in accordance with the Constitution, and to dissolve
the Legislative Yuan, do not require the countersignature of the president of the
Executive Yuan. The provisions of Article 37 of the
Constitution shall not apply.
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.
To determine major policies for national security, the
president may establish a national security council and a subsidiary national security
bureau. The organization of the said organs shall be stipulated by law.
The president may, within ten days following passage by
the Legislative Yuan of a no-confidence vote against the president of the Executive Yuan,
declare the dissolution of the Legislative Yuan after consulting with its president.
However, the president shall not dissolve the Legislative Yuan while martial law or an
emergency order is in effect. Following the dissolution of the Legislative Yuan, an
election for legislators shall be held within 60 days. The new Legislative Yuan shall
convene of its own accord within ten days after the results of the said election have been
confirmed, and the term of the said Legislative Yuan shall be reckoned from that date.
The terms of office for both the president and the vice
president shall be four years. The president and the vice president may only be re-elected
to serve one consecutive term; and the provisions of Article
47 of the Constitution shall not apply.
Should the office of the vice president become vacant, the
president shall nominate a candidate(s) within three months and convoke the National
Assembly to elect a new vice president, who shall serve out the original term until its
expiration.
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.
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 in a vote in which more than one-half of the electorate in the free area of the
Republic of China takes part.
Should a motion to impeach the president or the vice
president initiated and submitted to the National Assembly by the Legislative Yuan be
passed by a two-thirds majority of all delegates to the National Assembly, the party
impeached shall forthwith be dismissed from office.
Article 3
The president of the Executive Yuan shall be appointed by
the president. Should the president of the Executive Yuan resign or the office become
vacant, the vice president of the Executive Yuan shall temporarily act as the president of
the Executive Yuan pending a new appointment by the president. The provisions of Article 55 of the Constitution shall cease to apply.
The Executive Yuan shall be responsible to the Legislative
Yuan in accordance with the following provisions; the provisions of Article 57 of the Constitution shall cease to apply:
1. The Executive Yuan has the duty to present to the Legislative Yuan a statement on its
administrative policies and a report on its administration. While the Legislative Yuan is
in session, its members shall have the right to interpellate the president of the
Executive Yuan and the heads of ministries and other organizations under the Executive
Yuan.
2. Should the Executive Yuan deem a statutory, budgetary, or treaty bill passed by the
Legislative Yuan difficult to execute, the Executive Yuan may, with the approval of the
president of the Republic and within ten days of the bill's submission to the Executive
Yuan, request the Legislative Yuan to reconsider the bill. The Legislative Yuan shall
reach a resolution on the returned bill within 15 days after it is received. Should the
Legislative Yuan be in recess, it shall convene of its own accord within seven days and
reach a resolution within 15 days after the session begins. Should the Legislative Yuan
not reach a resolution within the said period of time, the original bill shall become
invalid. Should more than one-half of the total number of Legislative Yuan members uphold
the original bill, the president of the Executive Yuan shall immediately accept the said
bill.
3. With the signatures of more than one-third of the total number of Legislative Yuan
members, the Legislative Yuan may propose a no-confidence vote against the president of
the Executive Yuan. Seventy-two hours after the no-confidence motion is made, an
open-ballot vote shall be taken within 48 hours. Should more than one-half of the total
number of Legislative Yuan members approve the motion, the president of the Executive Yuan
shall tender his resignation within ten days, and at the same time may request that the
president dissolve the Legislative Yuan. Should the no-confidence motion fail, the
Legislative Yuan may not initiate another no-confidence motion against the same president
of the Executive Yuan within one year.
The powers, procedures of establishment, and total number
of personnel of national organizations shall be subject to standards set forth by law.
The structure, system, and number of personnel of each
organization shall be determined according to the policies or operations of each
organization and in accordance with the law as referred to in the preceding paragraph.
Article 4
Beginning with the Fourth Legislative Yuan, the
Legislative Yuan shall have 225 members, who shall be elected in accordance with the
following provisions, the restrictions in Article 64
of the Constitution notwithstanding:
1. One hundred and sixty-eight members shall be elected from the Special Municipalities,
counties, and cities in the free area. At least one member shall be elected from each
county and city.
2. Four members each shall be elected from among the lowland and highland aborigines in
the free area.
3. Eight members shall be elected from among the Chinese citizens who reside abroad.
4. Forty-one members shall be elected from the nationwide constituency.
Members for the seats set forth in Item 3 and Item 4 of
the preceding paragraph shall be elected according to a formula for proportional
representation among political parties. Where the number of seats for each Special
Municipality, county, and city as set forth in Item 1, and for each political party as set
forth in Item 3 and Item 4, is not fewer than five and not more than ten, one seat 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.
Following the dissolution of the Legislative Yuan by the
president and prior to the inauguration of its new members, the Legislative Yuan shall be
regarded as in recess.
Should the president issue an emergency order after
dissolving the Legislative Yuan, the Legislative Yuan shall convene of its own accord
within three days and ratify the order within seven days after the session begins.
However, should the emergency order be issued after the election of new members of the
Legislative Yuan, the new members shall ratify the order after their inauguration. Should
the Legislative Yuan withhold ratification, the emergency order shall forthwith cease to
be valid.
Impeachment of the president or the vice president by the
Legislative Yuan for treason or rebellion shall be initiated upon the proposal of more
than one-half of all members of the Legislative Yuan and passed by more than two-thirds of
all such members, whereupon it shall be submitted to the National Assembly. The provisions
of Article 90 and Article 100 of the Constitution and Article 7, Paragraph 1 of the Additional Articles of the
Constitution shall not apply.
No member of the Legislative Yuan may, except in case of
flagrante delicto, be arrested or detained without the permission of the Legislative Yuan
when that body is in session. The provisions of Article
74 of the Constitution shall cease to apply.
Article 5
The Judicial Yuan shall have 15 grand justices. The 15
grand justices, including a president and a vice president of the Judicial Yuan to be
selected from amongst them, shall be nominated and, with the consent of the National
Assembly, appointed by the president of the Republic. This shall take effect from the year
2003, and the pertinent provisions of Article 79 of
the Constitution shall not apply.
Each grand justice of the Judicial Yuan shall serve a term
of eight years, independent of the order of appointment to office, and shall not serve a
consecutive term. The grand justices serving as president and vice president of the
Judicial Yuan shall not enjoy the guarantee of an eight-year term.
Among the grand justices nominated by the president in the
year 2003, eight members, including the president and the vice president of the Judicial
Yuan, shall serve for four years. The remaining grand justices shall serve for eight
years. The provisions of the preceding paragraph regarding term of office shall not apply.
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.
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.
The proposed budget submitted annually by the Judicial
Yuan may not be eliminated or reduced by the Executive Yuan; however, the Executive Yuan
may indicate its opinions on the budget and include it in the central government's
proposed budgetary bill for submission to the Legislative Yuan for deliberation.
Article 6
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. Holding of examinations;
2. Matters relating to the qualification screening, security of tenure, pecuniary aid in
case of death, and retirement of civil servants; and
3. Legal matters relating to the employment, discharge, performance evaluation, scale of
salaries, promotion, transfer, commendation and award of civil servants.
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 of the Republic; and the provisions of Article 84 of the Constitution shall not apply.
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 7
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.
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.
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.
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.
Members of the Control Yuan shall be beyond party
affiliation and independently exercise their powers and discharge their responsibilities
in accordance with the law.
The provisions of Article
101 and Article 102 of the Constitution shall
cease to apply.
Article 8
The remuneration or pay of the delegates to the National
Assembly and the members of the Legislative Yuan shall be regulated by law. 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 9
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 109; Article 112 through Article 115; and Article 122 of the Constitution notwithstanding:
1. A province shall have a provincial government of nine members, one of whom shall be the
provincial governor. All members shall be nominated by the president of the Executive Yuan
and appointed by the president of the Republic.
2. A province shall have a provincial advisory council made up of a number of members who
shall be nominated by the president of the Executive Yuan and appointed by the president
of the Republic.
3. A county shall have a county council, members of which shall be elected by the people
of the said county.
4. The legislative powers vested in a county shall be exercised by the county council of
the said county.
5. A county shall have a county government headed by a county magistrate who shall be
elected by the people of the said county.
6. The relationship between the central government and the provincial and county
governments.
7. A province shall execute the orders of the Executive Yuan and supervise matters
governed by the counties.
The terms of office of the members of the Tenth Taiwan
Provincial Assembly and of the first elected governor of Taiwan Province shall end on
December 20, 1998. Elections for members of the Taiwan Provincial Assembly and for the
governor of Taiwan Province shall be suspended following the conclusion of the terms of
office of the members of the Tenth Taiwan Provincial Assembly and of the first elected
governor of Taiwan Province.
Following the suspension of elections for members of the
Taiwan Provincial Assembly and for the governor of Taiwan Province, modifications of the
functions, operations, and organization of the Taiwan Provincial Government may be
specified by law.
Article 10
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.
Environmental and ecological protection shall be given
equal consideration with economic and technological development.
The State shall assist and protect the survival and
development of private small and medium-sized enterprises.
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 said organizations may be
specified by law.
The State shall promote universal health insurance and
promote the research and development of both modern and traditional medicines.
The State shall protect the dignity of women, safeguard
their personal safety, eliminate sexual discrimination, and further substantive gender
equality.
The State shall guarantee for physically and mentally
handicapped persons insurance, medical care, obstacle-free environments, education and
training, vocational guidance, and support and assistance in everyday life, and shall also
assist them to attain independence and to develop.
Priority shall be given to funding for education, science,
and culture, and in particular funding for compulsory education, the restrictions in Article 164 of the Constitution notwithstanding.
The State affirms cultural pluralism and shall actively
preserve and foster the development of aboriginal languages and cultures.
The State shall, in accordance with the will of the ethnic
groups, safeguard the status and political participation of the aborigines. The State
shall also guarantee and provide assistance and encouragement for aboriginal education,
culture, transportation, water conservation, health and medical care, economic activity,
land, and social welfare. Measures for this shall be established by law. The same
protection and assistance shall be given to the people of the Kinmen and Matsu areas.
The State shall accord to nationals of the Republic of
China residing overseas protection of their rights to political participation.
Article 11
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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