The Outline of the Constitution Compiled by Imperial Order

The Great Powers of His Majesty

I, The Great Qing Emperor rules the Great Qing Empire, for all generations, and must be eternally respected.

II, The sacred dignity of His Majesty may not be violated.

III, The power to compose, review and issue laws and deliver proposals. All laws, although they are decided upon by the legislature, that have not yet been approved and promulgated through an imperial edict, cannot be implemented.

IV, The power to convene, open and close, dismiss and dissolve the legislature. At the time of dissolution, the citizens shall be ordered to re-organize elections for new legislative members, where the old members of the dismissed legislature have disobeyed, just like the common masses, they shall be punished according to corresponding laws in consideration of the circumstances.

V, The power to set up civil service pay scales, demote and promote the various directors. The power to employ people is held by His Majesty, with the assistance of the Ministers, the legislature may not intervene.

VI, The power to command the army and navy and to determine the military system. His Majesty dispatches national troops and formulates quota for regular troops, and has full powers to implement. The legislature may not intervene in any army matter.

VII, The power to declare war, make peace, conclude treaties, dispatch envoys and accept envoys. Matters of diplomatic relations are to be decided by His Majesty personally, and are not handed over for resolution to the legislature.

VIII, The power of admonition and imposing curfews. In times of emergency, the liberties of subjects may be limited by imperial decree.

IX, The power to ennoble, reward and pardon. Honour comes from His Majesty, and it is not for Ministers to act on their own initiative.

X, The power to command the judiciary. Appointments in judicial government offices, are to be conducted in accordance with laws composed and reviewed by the Emperor, and these are not to be altered through imperial decree at any time. Judicial power is held by His Majesty, judges are appointed by His Majesty and administer the law on his behalf, they are not to be altered through imperial decree at any time, where cases involve important matters, orders composed and reviews by the emperor must be the standard, in order to avoid divergence.

XI, The power to issue orders and cause orders to be given. Already determined laws, without being submitted to the legislature for assistance in memorializing and composition, may not be revised or abolished through an imperial order. Laws are for the purpose of His Majesty implementing His judicial powers, orders are for the purpose of His Majesty implementing His administrative powers, the two powers are separated, therefore, laws are not to be revised or altered through orders.

XII, At times when the legislature is adjourned, in the event of emergencies, imperial decrees may be issued to replace laws, and the necessary finances may be raised through imperial decree. By the time of convention in the year thereafter, this must be submitted to the legislature for consultation.

XIII, The expenses of the Imperial House, shall be paid by the national treasury according to the regular quota determined by His Majesty, the legislature may not discuss this.

XIV, The great ceremonies of the Imperial House shall be decided by His Majesty in command of the Imperial Family and specially appointed Ministers, the legislature may not intervene.

 

The rights and obligations of subjects (the detailed catalogue will be determined when drafting the Constitution)

I, Those among the subjects that have suitable qualifications determined through laws and orders, may become civil and military officials and members of the legislature.

II, Within the scope of the law, subjects are allowed to be free in all matters concerning speech, writing, publishing and assembly or association.

III, Subjects may not be subject to arrest, custody or punishment outside the provisions of the law.

IV, Subjects may request judges to try cases they present.

V, Subjects shall accept the findings of judicial government offices as determined by the law.

VI, Subjects’ property and residence may not be invaded without cause.

VII, Subjects have the obligation to pay taxes and serve in the military according to the provisions of the law.

VIII, Subjects tax payments, where they have not been altered by newly determined law, shall be paid as before.

IX, Subjects have the obligation to observe national laws.

 

钦定宪法大纲

 

君上大权

 

一、大清皇帝统治大清帝国,万世一系,永永尊戴。

二、君上神圣尊严,不可侵犯。

三、钦定颁行法律及发交议案之权。凡法律虽经议院议决,而未奉诏命批准颁布者,不能见诸施行。

四、召集、开闭、停展及解散议院之权。解散之时,即令国民重行选举新议员,其被解散之旧员, 即与齐民无异,倘有抗违,量其情节以相当之法律处治。

五、设官制禄及黜陟百司之权。用人之权,操之君上,而大臣辅弼之,议院不得干预。

六、统率陆海军及编定军制之权。君上调遣全国军队,制定常备兵额,得以全权执行。凡一切军事,皆非议院所得干预。

七、宣战、讲和、订立条约及派遣使臣与认受使臣之权。国交之事,由君上亲裁,不付议院议决。

八、宣告戒严之权。当紧急时,得以诏令限制臣民之自由。

九、爵赏及恩赦之权。恩出自君上,非臣下所得擅专。

十、总揽司法权。委任审判衙门,遵钦定法律行之,不以诏令随时更改。司法之权,操诸君上,审判官本由君上委任,代行司法,不以诏令随时更改者,案件关系至重,故必以已经钦定为准,免涉分歧。

十一、发命令及使发命令之权。惟已定之法律,非交议院协赞奏经钦定时,不以命令更改废止。法律为君上实行司法权之用,命令为君上实行行政权之用,两权分立,故不以命令改废法律

十二、在议院闭会时,遇有紧急之事,得发代法律之诏令,并得以诏令筹措必需之财用。惟至次年会期,须交议院协议。

十三、皇室经费,应由君上制定常额,自国库提支,议院不得置议。

十四、皇室大典,应由君上督率皇族及特派大臣议定,议院不得干预。

臣民权利义务

附臣民权利义务(其细目当于宪法起草时酌定)

一、 臣民中有合于法律命令所定资格者,得为文武官吏及议员。

二、 臣民于法律范围以内,所有言论、著作、出版及集会、结社等事,均准其自由。

三、 臣民非按照法律所定,不加以逮捕、监禁、处罚。

四、 臣民可以请法官审判其呈诉之案件。

五、 臣民应专受法律所定审判衙门之审判。

六、 臣民之财产及居住,无故不加侵扰。

七、 臣民按照法律所定,有纳税、当兵之义务。

八、 臣民现完之赋税,非经新定法律更改,悉仍照旧输纳。

九、 臣民有遵守国家法律之义务。