# Draft of the Constitution of the Republic of China (1936)

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Source: China Handbook, 1937
By virtue of the mandate received from the whole body of citizens and in accordance with the bequeathed teachings of Dr. Sun Yat-sen, Founder of the Republic of China, the People's Congress of the Republic of China hereby ordains and enacts this Constitution and causes it to be promulgated throughout the land for faithful and perpetual observance by all.

## Part 1. General Provisions
### Article 1

The Republic of China is a Tridemist republic.

### Article 2

The sovereign power of the Republic of China is vested in the whole body of citizens.

### Article 3

Persons having acquired the nationality of the Republic of China are citizens of the Republic of China.

### Article 4

    The territory of the Republic of China comprises areas originally constituting Jiangsu, Zhejiang, Anhui, Jiangxi, Hunan, Hubei, Sichuan, Xikang, Hebei, Shandong, Shanxi, Henan, Shaanxi, Gansu, Qinghai, Fujian, Guangdong, Guangxi, Yunnan, Guizhou, Liaoning, Jilin, Heilongjiang, Rehe, Chahar, Suiyang, Ningxia, Xinjiang, Mongolia and Tibet.
    The territory of the Republic of China shall not be altered except by resolution of the People's Congress.

### Article 5

All races of the Republic of China are component parts of the Chinese Nation and shall be equal.

### Article 6

The national flag of the Republic of China shall have a red background with a blue sky and white sun in the upper inside corner.

### Article 7

The national capital of the Republic of China shall be at Nanjing.

## Part 2. Rights and Duties of Citizens
### Article 8

All citizens of the Republic of China shall be equal before the law.

### Article 9

    All citizens shall have personal liberty and, except in accordance with law, may not be arrested, detained, tried or punished.
    When a citizen is arrested or detained on suspicion of having committed a criminal act, the authority responsible for such action shall immediately inform the citizen himself and his relatives of the cause for his arrest or detention and shall, within twenty-four hours, send him to a competent court for trial.
    The citizen so arrested or detained, or any one else, may also petition the court to demand from the authority responsible for such action the surrender, within twenty-four hours, of his person to the court for trial.
    The court shall not reject such a petition, nor shall the responsible authority refuse to execute such a writ as mentioned in the preceding paragraph.

### Article 10

No one, except those in active military service, may be subject to the jurisdiction of a court martial.

### Article 11

Every citizen shall have the freedom of domicile; no private abode may be forcibly entered, searched or sealed except in accordance with law.

### Article 12

Every person shall have the freedom to change his residence; such freedom shall not be restricted except in accordance with law.

### Article 13

Every citizen shall have the right of freedom of speech, writing and publication; such freedom shall not be restricted except in accordance with law.

### Article 14

Every citizen shall have the freedom of secrecy of correspondence; such freedom shall not be restricted except in accordance with law.

### Article 15

Every citizen shall have the freedom of religious belief; such freedom shall not be restricted except in accordance with law.

### Article 16

Every citizen shall have the freedom of assembly and forming associations; such freedom shall not be restricted except in accordance with law.

### Article 17

No private property shall be requisitioned, expropriated, sealed or confiscated except in accordance with law.

### Article 18

Every citizen shall have the right to present petitions, lodge complaints and institute legal proceedings in accordance with law.

### Article 19

Every citizen shall have the right to exercise, in accordance with law, the powers of election, recall, initiative and referendum.

### Article 20

Every citizen shall have the right to compete, in accordance with law, in State examinations.

### Article 21

Every citizen shall, in accordance with law, be amenable to the duty of paying taxes.

### Article 22

Every citizen shall, in accordance with law, be amenable to the duty of performing military service and labor service.

### Article 23

Every citizen shall, in accordance with law, be amenable to the duty of rendering public service.

### Article 24

All other liberties and rights of the citizens which are not detrimental to the social order or public welfare shall be guaranteed by the Constitution, and except in accordance with law, shall not be restricted.

### Article 25

Only laws operative for safeguarding national security, averting a national crisis, maintaining social order or promoting public welfare may restrict a citizen's liberties and rights.

### Article 26

Any public functionary who illegally infringes upon any private liberty or right shall, besides being subject to disciplinary punishment, be responsible under civil and criminal law. The injured person may also, in accordance with law, claim indemnity from the State for damages sustained.

## Part 3. The People's Congress
### Article 27

The People's Congress shall be constituted of delegates elected as follows:
    (1) Each county, municipality or area of an equivalent status shall elect one delegate, but in case its population exceeds 300,000, one additional delegate shall be elected for every additional 500,000 people. The status of areas to be equivalent to a county or municipality shall be defined by law.
    (2) The number of delegates to be elected from Mongolia and Tibet shall be determined by law.
    (3) The number of delegates to be elected by Chinese citizens residing abroad shall be determined by law.

### Article 28

Delegates to the People's Congress shall be elected by universal, equal, and direct suffrage and by secret ballots.

### Article 29

Citizens of the Republic of China having attained the age of twenty years shall, in accordance with law, have the right to elect delegates. Citizens having attained the age of twenty-five years shall, in accordance with law, have the right to be elected delegates.

### Article 30

    The term of office of delegates to the People's Congress shall be six years.
    When a delegate is found guilty of violation of a law or neglect of his duty, his constituency shall recall him in accordance with law.

### Article 31

    The People's Congress shall be convened by the President once every three years. Its sessions shall last one month, but may be extended another month when necessary.
    Extraordinary sessions of the People's Congress may be convened at the instance of two-fifths or more of its members.
    Extraordinary sessions of the People's Congress may be convened by the President.
    The People's Congress shall be held at the seat of the Central Government.

### Article 32

The powers and functions of the People's Congress shall be as follows:
    (1) To elect the President and Vice-President of the Republic, the President and Vice-President of the Legislative Yuan, the President and Vice-President of the Control Yuan, the Members of the Legislative Yuan and the Members of the Control Yuan.
    (2) To recall the President and Vice-President of the Republic, the President and Vice-President of the Legislative Yuan, the President and Vice-President of the Judicial Yuan, the President and Vice President of the Examination Yuan, the President and Vice President of the Control Yuan, the Members of the Legislative Yuan and the Members of the Control Yuan.
    (3) To initiate laws.
    (4) To hold referenda on laws.
    (5) To amend the Constitution.
    (6) To exercise such other powers as are conferred by the Constitution.

### Article 33

Delegates to the People's Congress shall not be held responsible outside of the Congress for opinions they may express or votes they may cast at the meeting of the Congress.

### Article 34

Without the permission of the People's Congress, no delegate shall be arrested or detained during the session except when apprehended in flagrante delicto.

### Article 35

The organization of the People's Congress, the election as well as recall of its delegates, and the rules of procedure governing the exercise of its powers and functions shall be determined by law.

## Part 4. The Central Government
### Chapter 1. The President
#### Article 36

The President is the head of the State and represents the Republic of China in foreign relations.

#### Article 37

The President shall command the land, sea and air forces of the whole country.

#### Article 38

The President shall, in accordance with law, promulgate laws and issue mandates with the counter-signature of the President of the Yuan concerned.

#### Article 39

The President shall, in accordance with law, exercise the power of declaring war, negotiating peace and concluding treaties.

#### Article 40

The President shall, in accordance with law, declare and terminate a state of emergency.

#### Article 41

The President shall, in accordance with law, exercise the power of granting amnesties, special pardons, remission of sentences and restitution of civil rights.

#### Article 42

The President shall, in accordance with law, appoint and remove civil and military officials.

#### Article 43

The President shall, in accordance with law, confer honors and award decorations.

#### Article 44

In case of an emergency or a serious economic change which requires immediate steps to be taken, the President may, by resolution of the Executive Meeting, issue emergency mandates necessary to cope with the situation; provided that such mandates shall, within three months after issue, be submitted to the Legislative Yuan for confirmation.

#### Article 45

The President may summon a meeting of the presidents of the five Yuan for the purpose of consultation or discussion of matters appertaining to two or more Yuan.

#### Article 46

The President shall be responsible to the People's Congress.

#### Article 47

Citizens of the Republic of China having attained the age of forty years may be elected President or Vice-President of the Republic.

#### Article 48

The election of the President and Vice-President shall be provided for by law.

#### Article 49

The President and Vice-President shall hold office for a term of six years and may be re-elected for a second term.

#### Article 50

The President shall, on the day of his inauguration, take the following oath:
    "I do solemnly and sincerely swear before the people that I will observe the Constitution faithfully, perform my duties, promote the welfare of the people, safeguard the security of the State and be loyal to the trust of the people. Should I break my oath, I will submit myself to the most severe punishment the law may provide."

#### Article 51

In case of the President's office becoming vacant, the Vice-President shall succeed to the presidency; in case the President is incapacitated by any cause, the Vice-President shall discharge the duties of his office. In case both the President and the Vice-President are incapacitated, the President of the Executive Yuan shall discharge the duties of the President's office.

#### Article 52

he President shall retire from office on the day his term expires. If by that time a new President has not been inaugurated, the President of the Executive Yuan shall discharge the duties of the President's office.

#### Article 53

The period for the President of the Executive Yuan to discharge the duties of the President's office shall not exceed six months.

#### Article 54

Except in case of an offense against the internal or external security of the State, the President shall not be liable to criminal prosecution until he has been recalled or has retired from office.

### Chapter 2. The Executive Yuan
#### Article 55

The Executive Yuan is the highest organ through which the Central Government exercises its executive powers.

#### Article 56

    In the Executive Yuan there shall be a President, a Vice-President and a number of Executive Members to be appointed and removed by the President.
    The number of Executive Members as mentioned in the preceding paragraph, excluding the Ministers and Chairmen of Commissions, shall not exceed half the total number of Ministers and Chairmen of Commissions as provided for in the first paragraph of Article 58.

#### Article 57

In the Executive Yuan, there shall be various Ministries and Commissions which shall separately exercise their respective executive powers.

#### Article 58

    The Ministers of the various Ministries and the Chairmen of the various Commissions shall be appointed by the President from among the Executive Members.
    The President and Vice-President of the Executive Yuan may concurrently serve Ministers and Chairmen of Commissions as mentioned in the preceding paragraph.

#### Article 59

The President and the Vice President of the Executive Yuan, the Executive Members, the Ministers of the various Ministries and the Chairmen of the various Commissions shall be individually responsible to the President.

#### Article 60

In the Executive Yuan there shall be Executive Meetings composed of the President and Vice-President of the Executive Yuan and the various Executive Members, to be presided over by the President of the Executive.

#### Article 61

The following matters shall be decided at an Executive Meeting:
    (1) Statutory and budgetary bills to be submitted to the Legislative Yuan.
    (2) Bills concerning a state of emergency and amnesty to be submitted to the Legislative Yuan.
    (3) Bills concerning declaration of war, negotiation of peace, conclusion of treaties and other important international affairs to be submitted to the Legislative Yuan.
    (4) Matters of common concern to the various Ministries and Commissions.
    (5) Matters submitted by the President or President of the Executive Yuan.
    (6) Matters submitted by the Vice-President of the Executive Yuan, the Executive Members, the various Ministries and Commissions.

#### Article 62

The organization of the Executive Yuan shall be determined by law.

### Chapter 3. The Legislative Yuan
#### Article 63

The Legislative Yuan is the highest organ through which the Central Government exercises its legislative powers. It shall be responsible to the People's Congress.

#### Article 64

The Legislative Yuan shall have power to decide on measures concerning legislation, budgets, a state of emergency, amnesty, declaration of war, negotiation of peace, conclusion of treaties and other important international affairs.

#### Article 65

In the discharge of its duties the Legislative Yuan may interrogate the various Yuan, Ministries and Commissions.

#### Article 66

In the Legislative Yuan there shall be a President and a Vice-President each of whom shall hold office for a term of three years and may be eligible for re-election.

#### Article 67

Members of the Legislative Yuan shall be elected by the People's Congress from a list of candidates separately nominated by the delegates of the various provinces, Mongolia, Tibet and citizens residing abroad. The candidates need not be delegates to the People's Congress. The representative number of candidates shall be proportioned as follows:
    (1) A province with a population of less than 5,000,000 shall nominate four candidates. A province with a population of more than 5,000,000 but less than 10,000,000 shall nominate six candidates. A province with a population of more than 10,000,000 but less than 15,000,000 shall nominate eight candidates. A province with a population of more than 15,000,000 but less than 20,000,000 shall nominate ten candidates. A province with a population of more than 20,000,000 but less than 25,000,000 shall nominate twelve candidates. A province with a population of more than 25,000,000 but less than 30,000,000 shall nominate fourteen candidates. A province with a population of more than 30,000,000 shall nominate sixteen candidates.
    (2) Mongolia and Tibet shall each nominate eight candidates.
    (3) Citizens residing abroad shall nominate eight candidates.

#### Article 68

Members of the Legislative Yuan shall hold office for a term of three years and may be eligible for re-election.

#### Article 69

The Executive Yuan, Judicial Yuan, Examination Yuan, and Control Yuan may submit to the Legislative Yuan measures concerning matters within their respective jurisdiction.

#### Article 70

    The President, before promulgation or execution of a legislative measure adopted by the Legislative Yuan, request the said Yuan to reconsider it.
    If the Legislative Yuan, after reconsideration, decides to confirm the original measure so referred to it in accordance with the preceding paragraph by a vote of two-thirds or more of its members present, the President shall immediately promulgate or execute the said measure; provided that measures concerning legislation and conclusion of treaties may be submitted to the People's Congress for reference.

#### Article 71

The President shall promulgate a measure presented by the Legislative Yuan for promulgation within thirty days after its receipt.

#### Article 72

Members of the Legislative Yuan shall not be held responsible outside of the said Yuan for opinions they may express and votes they may cast during the session.

#### Article 73

Without the permission of the Legislative Yuan, no member may be arrested or detained except when apprehended in flagrante delicto.

#### Article 74

No Member of the Legislative Yuan may concurrently hold any other public office or engage in any business or profession.

#### Article 75

The election of Members of the Legislative Yuan and the organization of the Legislative Yuan shall be determined by law.

### Chapter 4. The Judicial Yuan
#### Article 76

The Judicial Yuan is the highest organ through which the Central Government exercises its judicial powers. It shall attend to the adjudication of civil, criminal and administrative suits, and judicial administration.

#### Article 77

    In the Judicial Yuan there shall be a President and a Vice-President, each of whom shall hold office for a term of three years. He shall be appointed by the President.
    The President of the Judicial Yuan shall be responsible to the People's Congress.

#### Article 78

Matters concerning special pardons, remission of sentence and restitution of civil rights shall be submitted to the President for action by the President of the Judicial Yuan in accordance with law.

#### Article 79

The Judicial Yuan shall have the power to unify the interpretation of statutes and ordinances.

#### Article 80

Judicial officials shall, in accordance with law, have perfect independence in the conduct of trials.

#### Article 81

No judicial official may be removed from office unless he has been subject to criminal or disciplinary punishment or declared an interdicted person; nor may a judicial official be suspended or transferred, or have his salary reduced except in accordance with law.

#### Article 82

The organization of the Judicial Yuan and the various Courts of Justice shall be determined by law.

### Chapter 5. The Examination Yuan
#### Article 83

The Examination Yuan is the highest organ through which the Central Government exercises its examination powers. It shall attend to the selection of civil service candidates by examination and to the registration of persons qualified for public service.

#### Article 84

    In the Examination Yuan there shall be a President and a Vice-President each of whom shall hold office for a term of three years, to be appointed by the President.
    The President of the Examination Yuan shall be responsible to the People's Congress.

#### Article 85

The Examination Yuan shall, in accordance with law, by examination and registration determine the following qualifications:
    (1) For appointment as a public functionary.
    (2) For candidacy to public office.
    (3) For practice in specialized professions and as technical experts.

#### Article 86

The organization of the Examination Yuan shall be determined by law.

### Chapter 6. The Control Yuan
#### Article 87

The Control Yuan is the highest organ through which the Central Government exercises its censorial powers. It shall attend to impeachment and auditing and be responsible to the People's Congress.

#### Article 88

In the discharge of its censorial powers, the Control Yuan may, in accordance with law, interrogate the various Yuan, Ministries and Commissions.

#### Article 89

In the Control Yuan, there shall be a President and a Vice-President each of whom shall hold office for a term of three years and may be eligible for re-election.

#### Article 90

Members of the Control Yuan shall be elected by the People's Congress from candidates, separately nominated by the delegates of the various provinces, Mongolia, Tibet and Chinese citizens residing abroad. Each group of delegates shall nominate not more than two candidates. The candidates need not necessarily be delegates to the Congress.

#### Article 91

Members of the Control Yuan shall hold office for a term of three years and may be eligible for re-election.

#### Article 92

When the Control Yuan finds a public functionary in the Central or local government guilty of violation of a law or neglect of his duty, an impeachment may be instituted upon the proposal of one or more Members and the endorsement, after due investigation, of five or more Members. Impeachment against the President or Vice-President, the President or Vice-President of the Executive Yuan, Legislative Yuan, Examination Yuan or Control Yuan may be instituted only upon the proposal of ten or more Members and the endorsement, after due investigation, of one-half or more of the Members of the entire Yuan.

#### Article 93

When an impeachment is instituted against the President or Vice-President or the President or Vice-President of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan or Control Yuan in accordance with Article 92, it shall be brought before the People's Congress. During the adjournment of the People's Congress, the delegates shall be requested to convene in accordance with law an extraordinary session to decide whether the impeached shall be removed from office.

#### Article 94

Members of the Control Yuan shall not be held responsible outside of the said Yuan for opinions they may express and votes they may cast while discharging their duties.

#### Article 95

Without the permission of the Control Yuan, no Member of the Control Yuan may be arrested or detained except when apprehended in flagrante delicto.

#### Article 96

No Member of the Control Yuan may concurrently hold any other public office or engage in any business or profession.

#### Article 97

The election of the Members of the Control Yuan and the organization of the Control Yuan shall be determined by law.

## Part 5. System of Local Government
### Chapter 1. The Provinces
#### Article 98

In the province, there shall be a Provincial Government which shall execute the laws and orders of the Central Government and supervise local self-government.

#### Article 99

In the Provincial Government there shall be a Governor who shall hold office for a term of three years. He shall be appointed and removed by the Central Government.

#### Article 100

In the province, there shall be a Provincial Council which shall be composed of one member from each district or municipality to be elected by the district or municipal council. Members of the Provincial Council shall hold office for a term of three years and may be eligible for re-election.

#### Article 101

The organization of the Provincial Government and the Provincial Council as well as the election and recall of the Members of the Provincial Assembly shall be determined by law.

#### Article 102

The government of areas not yet established as provinces shall be determined by law.

### Chapter 2. The Counties
#### Article 103

The county is the unit of local self-government.

#### Article 104

    Any matter of a local nature shall be under the jurisdiction of a local self-government.
    All matters pertaining to local self-government shall be determined by law.

#### Article 105

Citizens of the county shall, in accordance with law, exercise the powers of initiative and referendum in matters concerning district self-government, as well as the powers of election and recall of the County Magistrate and other elective officials in the service of district self-government.

#### Article 106

In the county, there shall be a County Council the members of which shall be directly elected by the citizens in the County General Meeting. Members of the County Council shall hold office for a term of three years and may be eligible for re-election.

#### Article 107

County laws and regulations which are in conflict with the laws and ordinances of the Central or Provincial Government shall be null and void.

#### Article 108

    In the county, there shall be a County Government with a County Magistrate who shall be elected by the citizens at the County General Meeting. The Magistrate shall hold office for a term of three years and may be eligible for re-election.
    Only those persons found qualified in the public examinations held by the Central Government or adjudged qualified by the Ministry of Personal Registration may be candidates for the office of County Magistrate.

#### Article 109

The County Magistrate shall administer the affairs of the county in accordance with the principles of self-government and under the direction of the Provincial Governor, execute matters assigned by the Central and Provincial Governments.

#### Article 110

The organization, powers and functions of the County Council and County Government as well as the election and recall of the County Magistrate and the Members of the County Council shall be determined by law.

### Chapter 3. The Municipalities
#### Article 111

In addition to the provisions of this chapter, the provisions governing self-government and administration of the counties shall apply mutatis mutandis to the municipalities.

#### Article 112

In the municipality, there shall be a Municipal Council the members of which shall be directly elected by the citizens in the Municipal General Meeting. One-third of the members shall retire and be replaced by election annually.

#### Article 113

    In the municipality, there shall be a Municipal Government with a Mayor to be directly elected by the citizens in the Municipal General Meeting. He shall hold office for a term of three years and may be eligible for re-election.
    Only those persons qualified in the public examinations held by the Central Government or adjudged qualified by the Ministry of Personal Registration may be candidates for the office of Mayor.

#### Article 114

The Mayor shall administer the affairs of the municipality in accordance with the principles of municipal self-government and, under the direction of the competent supervising authority, executive matters assigned by the Central or Provincial Government.

#### Article 115

The organization of Municipal Council and Municipal Government as well as the election and recall of the Members of the Municipal Council and the Mayor shall be determined by law.

## Part 6. The National Economic Life
### Article 116

The economic system of the Republic of China shall be based on the Principal of Livelihood and shall aim at national economic sufficiency and equality.

### Article 117

    All land within the territorial limits of the Republic of China belongs to the people as a whole. Any part thereof the ownership of which has been lawfully acquired by an individual or individuals shall be protected by, and subject to, the restrictions of law.
    The State may, in accordance with law, tax or expropriate private land on the basis of value declared by the owner or assessed by the Government.
    Every landowner is amenable to the duty of utilizing his land to the fullest extent.

### Article 118

All subterranean minerals and natural forces which are economically utilizable for public benefit, belong to the State and shall not be affected by the private ownership of the land.

### Article 119

The unearned increment shall be taxed by means of a land-value-increment tax and devoted to public benefit.

### Article 120

In readjusting the distribution of land, the State shall be guided by the principal of aiding and protecting the landowning farmers and the land-utilizing farmers.

### Article 121

The State may, in accordance with law, regulate private wealth and enterprises when such wealth and enterprises are considered detrimental to the balanced development of national economic life.

### Article 122

The State shall encourage, guide and protect the citizens' productive enterprises and the nation's foreign trade.

### Article 123

    All public utilities and enterprises of a monopolistic nature shall be operated by the State, except in case of necessity when the State may specially permit private operation.
    The private enterprises mentioned in the preceding paragraph may, in case of emergency or national defense, be temporarily managed by the State. The State may also, in accordance with law, take them over for permanent operation upon payment of due compensation.

### Article 124

In order to improve the workers' living conditions, increase their productive ability and relieve unemployment, the State shall enforce labor protective policies. Women and children shall be afforded special protection in accordance with their age and physical condition.

### Article 125

Labor and capital shall, in accordance with the principles of mutual help and cooperation, develop together productive enterprises.

### Article 126

In order to promote agricultural development and the welfare of the farming population, the State shall improve rural economic efficiency by employment of scientific farming. The State may regulate the production and distribution of agricultural products in both kind and quantity.

### Article 127

The State shall accord due relief or compensation to those who suffer disability or loss of life in the performance of military or public service.

### Article 128

The State shall give suitable relief to the aged, feeble, or disabled who are incapable of earning a living.

### Article 129

While the following powers appertain to the Legislative Yuan in the case of the Central Government, they may be exercised by the legally designated organ if, in accordance with law, such matters may be effected independently by a province, county or municipality:
    (1) To impose or alter the rate of taxes and levies, fines, penalties, or other imposts of a compulsory nature.
    (2) To raise public loans, dispose of public property or conclude contracts which increase the burden of the public treasury.
    (3) To establish or cancel public enterprises, monopolies, franchises or any other profit-making enterprise.
    (4) To grant cancel monopolies, franchises or any other special privileges.
Unless specially authorized by law, the government of a province, county or municipality shall not raise foreign loans or directly utilize foreign capital.

### Article 130

    Within the territorial limits of the Republic of China all goods shall be permitted to circulate freely. They shall not be seized or detained except in accordance with law.
    Customs duty is a Central Government revenue. It shall be collected only once when the goods enter or leave the country.
    The various grades of government shall not collect any dues on goods in transit within the country.
    The right to impose taxes and levies on goods belongs to the Central Government and shall not be exercised except in accordance with law.

## Part 7. Education
### Article 131

The educational aim of the Republic of China shall be to develop a national spirit, to cultivate a national morality, to train the people for self-government and to increase their ability to earn a livelihood, and thereby to build up a sound and healthy body of citizens.

### Article 132

Every citizen of the Republic of China shall have an equal opportunity to receive education.

### Article 133

All public and private educational institutions in the country shall be subject to State supervision and amenable to the duty of carrying out the educational policies formulated by the State.

### Article 134

Children between six and twelve years old are of school age and shall receive elementary education free of tuition.

### Article 135

All persons over school age who have not received an elementary education shall receive supplementary education free of tuition.

### Article 136

In establishing universities and technical schools, the State shall give special consideration to the needs of the respective localities so as to afford the people thereof an equal opportunity to receive higher education, thereby hastening a balanced national cultural development.

### Article 137

    Educational appropriations shall constitute no less than 15 per cent of the total amount of the budget of the Central Government and no less than 30 per cent of the total amount of the provincial, county and municipal budgets, respectively.
    Educational endowment funds independently set aside in accordance with law shall be safeguarded.
    Educational expenditures in needy provinces shall be subsidized by the national treasury.

### Article 138

The State shall encourage or subsidize the following persons or enterprises:
    (1) Educational enterprises established by private persons within the State, with a high record of achievement.
    (2) Educational enterprises for Chinese citizens residing abroad.
    (3) Those who have made academic or technical inventions or discoveries.
    (4) Teachers who have made good records of long service.
    (5) Students who achieve high scholastic attainments and show good conduct but are unable to receive further education.

## Part 8. Enforcement and Amendment of the Constitution
### Article 139

The term "Law" as used in the Constitution means whatever may be passed by the Legislative Yuan and promulgated by the President as law.

### Article 140

    Laws in conflict with the Constitution shall be null and void.
    The Control Yuan may, within six months after a law has been enforced, request the Judicial Yuan for interpretation to determine whether or not such law is in conflict with the Constitution. Detailed provisions governing such procedure shall be provided by law.

### Article 141

Administrative orders in conflict with the Constitution or laws shall be null and void.

### Article 142

The Constitution shall be interpreted by the Judicial Yuan.

### Article 143

Where the number of provinces in which self-government has been completely effected does not exceed half the total number of provinces, the Members of the Legislative and Control Yuan shall be elected and appointed in accordance with the following provisions:
    (1) One-half the number of Members of the Legislative Yuan shall be elected by the People's Congress from half the number of candidates, as prescribed in Article 67, and separately nominated by the delegates of the various provinces, Mongolia, Tibet and Chinese citizens residing abroad. The other half of the Members shall be appointed by the President at the instance of the President of the Legislative Yuan.
    (2) One-half the number of Members of the Control Yuan shall be elected by the People's Congress from half the number of candidates, as prescribed in Article 90, and separately nominated by the delegates of the various provinces, Mongolia, Tibet and Chinese citizens residing abroad. The other half of the Members shall be appointed by the President at the instance of the President of the Control Yuan.

### Article 144

    Where self-government has not been completely effected in a county, the County Magistrate shall be appointed and removed by the Central Government.
    The provision prescribed in the preceding paragraph applies mutatis mutandis in respect to municipalities where self-government has not been completely effected.

### Article 145

The procedure governing the establishment of local self-government shall be prescribed by law.

### Article 146

The People's Congress which enacts this Constitution shall exercise the powers and functions of the First People's Congress.

### Article 147

    No amendment to the Constitution may be made unless it shall have been proposed by not less than one-fourth of the delegates to the People's Congress and passed by at least two-thirds of the delegates present at a meeting having a quorum of not less than three-fourths of the entire Congress.
    A proposed amendment to the Constitution shall be made public by the proposer or proposers one year before the assembling of the People's Congress.

### Article 148

Such matters as are provided in the Constitution which require, separate enforcement rules shall be prescribed by law.
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