The Fight For The Republic in China Part 30

Regarding the clauses from 1 to 8 and articles 20, 25, 28, 55 and 27, the approval of a majority of more than half of the attending members will be required to make a decision.

Art. 32. The regular annual session of the Li Fa Yuan will be four months in duration; but when the President deems it necessary it may be prolonged. The President may also call special sessions when it is not in session.

Art. 33. The meetings of the Li Fa Yuan shall be "open sessions," but they may be held in secret at the request of the President or the decision of the majority of more than half of the members present.

Art. 34. The law bills pa.s.sed by the Li Fa Yuan shall be promulgated by the President and enforced.

When the President vetoes a law bill pa.s.sed by the Li Fa Yuan he must give the reason and refer it again to the Li Fa Yuan for reconsideration. If such bill should be again pa.s.sed by a two-thirds vote of the members present at the Li Fa Yuan but at the same time the President should firmly hold that it would greatly harm the internal administration or diplomacy to enforce such law or there will be great and important obstacles against enforcing it, he may withhold promulgation with the approval of the Tsan Cheng Yuan.

Art. 35. The Speaker and vice-Speaker of the Li Fa Yuan shall be elected by and from among the members themselves by ballot. The one who secures more than half of the votes cast shall be considered elected.

Art. 36. The members of the Li Fa Yuan shall not be held responsible to outsiders for their speeches, arguments and voting in the House.

Art. 37. Except when discovered in the act of committing a crime or for internal rebellion or external treason, the members of the Li Fa Yuan shall not be arrested during the session period without the permission of the House.

Art. 38. The House laws of the Li Fa Yuan shall be made by the House itself.

CHAPTER V.--THE ADMINISTRATION

Art. 39. The President shall be the Chief of the Administration. A Secretary of State shall be provided to a.s.sist him.

Art. 40. The affairs of the Administration shall be separately administered by the Ministries of Foreign Affairs, of Interior, of Finance, of Army, of Navy, of Justice, of Education, of Agriculture and Commerce and of Communications.

Art. 41. The Minister of each Ministry shall control the affairs in accordance with law and orders.

Art. 42. The Secretary of State, Ministers of the Ministries and the special representative of the President may take seats in the Li Fa Yuan and express their views.

Art. 43. The Secretary of State or any of the Ministers when they commit a breach of law shall be liable to impeachment by the Censorate (Suchengting) and trial by the Administrative Court.

CHAPTER VI.--THE JUDICIARY

Art. 44. The judicial power shall be administered by the Judiciary formed by the judicial officials appointed by the President.

The organization of the Judiciary and the qualifications of the Judicial officials shall be fixed by law.

Art. 45. The Judiciary shall independently try and decide cases of civil and criminal law suits according to law. But with regard to administrative law suits and other special law cases they shall be attended to according to the provisions of this law.

Art. 46. As to the procedure the Supreme Court should adopt for the impeachment case stated in clause 9 of article 31, special rules will be made by law.

Art. 47. The trial of law suits in the judicial courts should be open to the public; but when they are deemed to be harmful to peace and order or good custom, they may be held _in camera_.

Art. 48. The judicial officials shall not be given a reduced salary or s.h.i.+fted from their posts when functioning as such, and except when a sentence has been pa.s.sed upon him for punishment or he is sentenced to be removed, a judicial official shall not be dismissed from his post.

The regulations regarding punishment shall be fixed by law.

CHAPTER VII.--THE TSAN CHENG YUAN

Art. 49. The Tsan Cheng Yuan shall answer the inquiries of the President and discuss important administrative affairs.

The organization of the Tsan Cheng Yuan shall be fixed by the Provisional Const.i.tution Conference.

CHAPTER VIII.--FINANCES

Art. 50. Levying of new taxes and dues and change of tariff shall be decided by law.

The taxes and dues which are now in existence shall continue to be collected as of old except as changed by law.

Art. 51. With regard to the annual receipts and expenditures of the nation, they shall be dealt with in accordance with the Budget approved by the Li Fa Yuan.

Art. 52. For special purposes continuous expenditures for a specified number of years may be included in the budget.

Art. 53. To prepare for any deficiency of the budget and expenses needed outside of the estimates in the budget, a special reserve fund must be provided in the budget.

Art. 54. The following items of expenditures shall not be cancelled or reduced except with the approval of the President:--

1. Any duties belonging to the nation according to law.

2. Necessities stipulated by law.

3. Necessities for the purpose of carrying out the treaties.

4. Expenses for the Army and Navy.

Art. 55. For national war or suppression of internal disturbance or under unusual circ.u.mstances when time will not permit to convoke the Li Fa Yuan, the President may make emergency disposal of finance with the approval of the Tsan Cheng Yuan, but in such case he shall ask the Li Fa Yuan for indemnification at its next session.

Art. 56. When a new Budget cannot be established, the Budget of the previous year will be used. The same procedure will be adopted when the Budget fails to pa.s.s at the time when the fiscal year has begun.

Art. 57. When the closed accounts of the receipts and expenditures of the nation have been audited by the Board of Audit, they shall be submitted by the President to the Li Fa Yuan for approval.

Art. 58. The organization of the Board of Audit shall be fixed by the Provisional Const.i.tution Conference.

CHAPTER IX.--PROCEDURE OF CONSt.i.tUTION MAKING

Art. 59. The Const.i.tution of Chung Hua Min Kuo shall be drafted by the Const.i.tution Draft Committee, which shall be organized with the members elected by and from among the members of the Tsan Cheng Yuan. The number of such drafting Committee shall be limited to ten.

Art. 60. The Bill on the Const.i.tution of Chung Hua Min Kuo shall be fixed by the Tsan Cheng Yuan.

Art. 61. When the Bill on the Const.i.tution of the Chung Hua Min Kuo has been pa.s.sed by the Tsan Cheng Yuan, it shall be submitted by the President to the Citizens' Conference for final pa.s.sage.

The organization of the Citizens' Conference shall be fixed by the Provisional Const.i.tution Conference.

Art. 62. The Citizens' Conference shall be convoked and dissolved by the President.

Art. 63. The Const.i.tution of Chung Hua Min Kuo shall be promulgated by the President.

CHAPTER X.--APPENDIX

Art. 64.--Before the Const.i.tution of Chung Hua Min Kuo comes into force this Provisional Const.i.tution shall have equal force to the Permanent Const.i.tution.