The Fight For The Republic in China eBook

This eBook from the Gutenberg Project consists of approximately 444 pages of information about The Fight For The Republic in China.

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 assist 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 shifted from their posts when functioning as such, and except when a sentence has been passed 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.

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