The Fight For The Republic in China eBook

This eBook from the Gutenberg Project consists of approximately 533 pages of information about The Fight For The Republic in China.

The Fight For The Republic in China eBook

This eBook from the Gutenberg Project consists of approximately 533 pages of information about The Fight For The Republic in China.

(2) The Presidential Election Law passed on the 4th October, 1913, by the full Parliament, under which Yuan Shih-kai was elected President,—­and now formally incorporated as a separate chapter in the Permanent Constitution.

(3) The Constitutional Compact, promulgated on 1st May, 1914.  This “law” which was the first result of the coup d’etat of 4th November, 1913, and designed to take the place of the Nanking Constitution is wholly illegal and disappeared with the death of Yuan Shih-kai.

(4) The Presidential Succession Law.

This instrument, like the Constitutional Compact, was wholly illegal and drawn up to make Yuan Shih-kai dictator for life.

THE PROVISIONAL CONSTITUTION OF THE REPUBLIC OF CHINA

Passed at Nanking in 1912, currently referred to as the old Constitution

CHAPTER I.—­GENERAL PROVISIONS

Article 1.  The Republic of China is composed of the Chinese people.

Art. 2.  The sovereignty of the Chinese Republic is vested in the people.

Art. 3.  The territory of the Chinese Republic consists of the 18 provinces, Inner and Outer Mongolia, Tibet and Chinghai.

Art. 4.  The sovereignty of the Chinese Republic is exercised by the National Council, the Provisional President, the Cabinet and the Judiciary.

CHAPTER II.—­CITIZENS

Art. 5.  Citizens of the Chinese Republic are all equal, and there shall be no racial, class or religious distinctions.

Art. 6.  Citizens shall enjoy the following rights:—­

(a) The person of the citizens shall not be arrested, imprisoned, tried or punished except in accordance with law.

(b) The habitations of citizens shall not be entered or searched except in accordance with law.

(c) Citizens shall enjoy the right of the security of their property and the freedom of trade.

(d) Citizens shall have the freedom of speech, of composition, of publication, of assembly and of association.

(e) Citizens shall have the right of the secrecy of their letters.

(f) Citizens shall have the liberty of residence and removal.

(g) Citizens shall have the freedom of religion.

Art. 7.  Citizens shall have the right to petition the Parliament.

Art. 8.  Citizens shall have the right of petitioning the executive officials.

Art. 9.  Citizens shall have the right to institute proceedings before the Judiciary, and to receive its trial and judgment.

Art. 10.  Citizens shall have the right of suing officials in the Administrative Courts for violation of law or against their rights.

Art. 11.  Citizens shall have the right of participating in civil examinations.

Art. 12.  Citizens shall have the right to vote and to be voted for.

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The Fight For The Republic in China from Project Gutenberg. Public domain.