11 March of the First Year of the Republic of China
Chapter I: General principles
Article 1: The Republic of China is composed of the Chinese people.
Article 2: The sovereignty of the Republic of China lies in the whole body of citizens.
Article 3: The territory of the Republic of China consists of the 22 provinces, Inner and Outer Mongolia, Tibet and Qinghai.
Article 4: The governing power of the Republic of China is exercised by the Assembly, the Provisional Great President, the Ministers and the Courts.
Chapter II: The people
Article 5: The people of the Republic of China are equal without exception, without distinction of ethnicity, class or religion.
Article 6: The people may enjoy the following freedoms.
I, The people may not be physically arrested, detained, interrogated or punished without a legal basis.
II, The people’s homes may not be entered or searched without a legal basis.
III, The people have the freedom to hold property and engage in commerce.
IV, The people have the freedom of speech, writing, publishing and assembly.
V, The people have the freedom of confidential correspondence.
VI, The people have the freedom of residence and migration.
VII, The people have the freedom of religious belief.
Article 7: The people have the right to present a petition to Parliament.
Article 8: The people have the right to state grievances to administrative offices.
Article 9: The people have the right to bring legal suits to the Courts.
Article 10: The people have the right to sue government officials in the Administrative Courts, for acts unlawfully harming their rights.
Article 11: The people have the right to take the official examinations.
Article 12: The people have the right to elect and be elected.
Article 13: The people have the duty to pay taxes according to the law.
Article 14: The people have the duty to perform military service according to the law.
Article 15: The people’s rights listed in this Chapter may be limited according to the law, when it is held that this enhances the public welfare, to safeguard public order or when necessary under extraordinary circumstances.
Chapter III: The Assembly
Article 16: The legislative power of the Republic of China is exercised by the Assembly.
Article 17: The Assembly is composed of the Members appointed by the various localities according to the provisions of Article 18.
Article 18: All provinces, Inner Mongolia, Outer Mongolia and Tibet each assign five persons; Qinghai appoints one person. The method of their assignment is to be determined by each locality.
Each member has the right of one vote in Assembly meetings.
The powers of the Assembly are as follows:
I, Discussing and deciding on all legislative drafts.
II, Discussing and deciding on the budget and accounts of the Provisional Government.
III, Discussing and deciding on nationwide taxation law, the currency system and the standards for weights and measurements.
IV, Discussing and deciding on raising public debt and bonds borne by the Treasury.
V, Committing to the matters provided in Article 34, 34 and 40.
VI, Responding to inquiries from the Provincial Government.
VII, Receiving the petitions of the people.
VIII, It may propose opinions concerning laws and other matters to the Government.
IX, It may put forward questions and letters to Ministers, and require them to attend and respond.
X It may request the Provisional Government to investigate incidents in which officials take bribes or violate the law.
XI, When the Assembly believes that the Provisional Grand President plots rebellion, it may, when more then four fifths of the total number of Members are in attendance, vote to impeach him with a majority of three-quarters or more.
XII, When the Assembly believes that a Minister neglects his duty, it may, when more than three quarters of the total number of Members are in attendance, vote to impeach him with a majority of two-thirds or more.
Article 20: The Assembly may gather, meet and adjourn on its own accord.
Article 21 The Assembly’s meeting must be open. But where Ministers request it or more than half of the total number of Members in attendance vote so, it may be closed.
Article 22: For matters on which the Assembly discusses and decides, it shall refer them to the Provisional Grand President for promulgation and implementation.
Article 23: If the Provisional Grand President rejects matters decided upon by the Assembly, he may state the reasons within ten days of them being referred, and refer them to the Assembly for reconsideration. But if the Assembly, upon reconsideration, still upholds its earlier decision with a majority of attending members of two thirds or more, matters are to be conducted according to
Article 24: The Speaker of the Assembly is selected from and by the Members in an open ballot, the person who obtains more than half of the total amount of ballots is elected.
Article 25: Assembly Members are not liable outside of the Assembly for speech or votes within the Assembly.
Article 26: Except where Assembly members are caught in a criminal act or commit crimes that relate to internal chaos and external calamities, they may not be arrested without permission from the Assembly when it is in session.
Article 27: The rules of the Assembly are to be determined by the Assembly itself.
Article 28: The Assembly is disbanded on the date when the Parliament is established. Their duties will be exercised by the Parliament.
Chapter IV: The Provisional Grand President
Article 29: The Provisional Grand President and the Vice President are elected by the Assembly. The person who obtains two thirds or more of the votes of a total of three quarters or more of the total number of Members attending is elected.
Article 30: The Provisional Grand President represents the Provisional Government, assumes overall responsibility for government administration and promulgates laws.
Article 31: The Provisional Grand President may, in order to implement laws or on the basis of legal provisions, issue decrees or cause them to be issued.
Article 32: The Provisional Grand President is the Commander-in-chief of naval and land forces nationwide.
Article 33: The Provisional Grand President may formulate civil service institutions and rules, but must submit them to the Assembly for discussion and decision.
Article 34: The Provisional Grand President appoints and dismisses civil and military officials, but the Assembly’s approval must be obtained to appoint Ministers and Diplomatic Ambassadors.
Article 35: The Provisional Grand President may, with the approval of the Assembly, declare war, make peace and conclude treaties.
Article 36: The Provisional Grand President may declare martial law according to the law.
Article 37: The Provisional Grand President represents the entire country in receiving foreign Ambassadors and Consuls.
Article 38: The Provisional Grand President may put bills to the Assembly.
Article 39: The Provisional Grand President may award decorations for merit and other honours.
Article 40: The Provisional Grand President may grant general pardons, specific amnesties, sentence commutation and recovery of rights. But a general pardon must be agreed to by the Assembly.
Article 41: After a Provisional Grand President is impeached by the Assembly, the Supreme Court is to select nine persons from its judges to form a special court and try him.
Article 42: When a Provisional Grand President is removed from office for whatever reason, or cannot assume office, the Provisional Vice-President is to implement his duties in his stead.
Chapter V: Ministers
Article 43: The Premier and the heads of all Ministries are jointly called Ministers.
Article 44: Ministers assist the Provisional Grand President in implementing his duties.
Article 45: Ministers must countersign when the Provisional Grand Presidents puts forward bills, promulgates laws and issues decrees.
Article 46: Ministers and their Committee Members may attend the Assembly and speak.
Article 47: After ministers are impeached by the Assembly, the Provisional Grand President shall remove them from office. But he may submit this to the Assembly for reconsideration once.
Chapter VI: The Courts
Article 48: The Courts are composed of judges respectively appointed by the Provisional Grand President and the Minister of Justice.
The personnel allocation of Courts and the qualifications of judges are to be determined in law.
Article 49: The Courts try civil and criminal cases according to the law.
But administrative lawsuits and other special forms of litigation are to be determined in a manner other than law.
Article 50: Court trials must be open. But where it is believed that this may impair peace, security or order, it may be closed.
Article 51: Courts independently try cases and are not to be subject to interference by higher-level government offices.
Article 52: Judges’ salaries may not be lowered during their appointment, nor may their job be changed. Those who have not been punished according to the law or have been subject to disciplinary dismissal, may not be dismissed. Exemplary punishment rules are to be determined in law.
Chapter VII: Supplementary provisions
Article 53: Within 10 months after this Provisional Constitution takes effect, the Provisional Grand President shall convene Parliament. The composition of Parliament and electoral law will be determined by the Assembly.
Article 54: The Constitution of the Republic of China is formulated by Parliament. Until the Constitution takes effect, this Provisional Constitution has legal effect equal to a Constitution.
Article 55: This Provisional Constitution is to be revised by a majority in the Assembly of two thirds or more, or if the Provisional Grand President moves so, with a three quarters vote of the attending Members, where four fifths or more of the total number of Members attend.
Article 56: This Provisional Constitution takes effect on the date of promulgation.
The Provisional Government Organization Outline is abolished on the date this Provisional Constitution takes effect.