The Archive · 1934

Constitution for China

Final Draft Published din Nanking: Powers and Formation of Government Nanking, Mar, 4.

The full text of the final revised be less than 15 per cent, of the totali expenditures in the case of the Central Government; and 30 per cent. draft, of the proposed permanent constitution for the Republic isin the ease of the leat gwerm|C! been made public by the Legislative Yuan, The draft consists of a total of 160 Articles, divided into ten. chapters; namely, (1) General Prine ples, (2) People's Rights and Dies, (3)' People's Economic Well-being, (4) Peoples, Education, (5) Na~ tional People's Congress, (6), Division of Powers between the Central and Local Governments, (7) the Central. Government, (8) the Prov. ness," (9) the. Local Goverment and (10) Annex ments.

The only qualification prescribed for cantiiates for the fice of Pre slent or VicePresident of the Republic is that he must Dave at. tained the age of 45." The term of tice. for_ both the President and the "VieePresident is six years; ath are eligible for re-elation for axcond term. The Preident ix th representative of the Republic hen alow details of the con ition of the organs of gover Based essentially upon Dr, Sun Yataen's Three People's Princigle the draft, provides, among other things, for the convocation once every three years of a National Peoples Congress (Kuo-min Tastiui) Which, representing the entire elac~ toric, may be escriied as the fountain of all political authority.

'Te Rational Gorernant wil be Tung) of the Repablic. and the five of the Presi Yuana, all of whom will be revponsible directly to the National People's Congress. As it is absolutely Tmpossible for' the entire nation to cxerise the rights of direct. demoferacy advocated by the late Dr, Sun, the National People's Congress will therefore exercise such Fights on dalt oF the people 'The "Provincial Governments, ae-couling to the draft, will be com. Dowel o¢ & Provinsal" Asembiy anc '2. Provincial Governor' to be chosen cly the Assembly from, amongst five nominees of the Central Government Tn'the Hsien (District) and the Municipality, there will be, respec tively, 'a popularly-elected " District Connell and Municipal Council,

Helen (District) and the Mayor of Magistrate (or Governor) the Municipality' will also be elected directly by the people, Rights and Duties ciple of the equality of all perous Starting with the general prin

before the Law, the second chapter contains guirantecs for such rights land liberties of the people as the Hiberty of the person, freedom fron tunlawfal arrest and' imprisonment, the liberties of speech and publica tion, freedom of conscience, and the four coutilling powers of direct democracy, namely, election, recall, initiative, and, referendum, The "obligations imposed by the draft Constitution are the duty to pay taxes compulsory military service, compulsory labour service, and compulsory public service, Persons arrested on eriinal char-wes must be sent within 24. hours Of their arrest to the competent judicial tribunal for trial; the tight of habeas corpus is Inid down, Beonomie System 'The Government is to build up 0 national economic system based upon the Principle of Liveliheod as advocated by Dr. Sun Yataen. With regard to the ownership of land, the draft, while stating as a general principle' that the land of the Re~ pubbs belongs to the people as Whole, recognizes the right of pri-vote ownership of land subject to reasonable restrictions by law. A Significant provision in. this cotneetion it one which imposes upon pri-vote owners of lent the obligation to exploit the land to the fullest possible extent.

Minerals and other natural sources under ground belong to the Stale, whoever be the owners of the Jand.' Te is provided that a special tax on the enhanced of land isto be levied s0 that the benet of earned increment may be shared by the public, Tu order to Secure, a more equit~ able distribution of "wealth, the draft calls for the imposition of a graduated scale of income and in-Weritmce taxes; enforcement more rational system for the apper-Uionment of profits between employ ers, and employees; restriction of the'yates of Interest and rents; and rablization of the prices of food-Stuffs and other dally. necessaries. The draft also calls for the better ment of the lot of the workers and the adoption by. the State of policies for the protection of Labour.

Text read from the printed page and cleaned; old type leaves the occasional error.

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