Book: The Fight For The Republic in China

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Art. 74. The President may suspend the session of either the Senate or
the House of Representatives for a period not exceeding ten days, but
during any one session, he may not exercise this right more than once.

Art. 75. With the concurrence of two-thirds or more of the members of
the Senate present, the President may dissolve the House of
Representatives, but there must not be a second dissolution during the
period of the same session.

When the House of Representatives is dissolved by the President,
another election shall take place immediately, and the convocation of
the House at a fixed date within five months should be effected to
continue the session.

Art. 76. With the exception of high treason, no criminal charges shall
be brought against the President before he has vacated his office.

Art. 77. The salaries of the President and Vice-President shall be fixed
by law.

CHAPTER VII. THE CABINET

Art. 78. The Cabinet shall be composed of the Cabinet Ministers.

Art. 79. The Premier and the Ministers of the various ministries shall
be called the Cabinet Ministers.

Art. 80. The appointment of the Premier shall be approved by the House
of Representatives.

Should a vacancy in the Premiership occur during the time of adjournment
of the National Assembly, the President may appoint an Acting-Premier,
but it shall be required that the appointment must be submitted to the
House of Representatives for approval within seven days after the
convening of the next session.

Art. 81. Cabinet Ministers shall assist the President and shall be
responsible to the House of Representatives.

Without the counter-signature of the Cabinet Minister to whose Ministry
the Mandate or dispatch applies, the mandate or dispatch of the
President in connection with State affairs shall not be valid; but this
shall not apply to the appointment or dismissal of the Premier.

Art. 82. When a vote of want of confidence in the Cabinet Ministers is
passed, if the President does not dissolve the House of Representatives
according to the provisions made in Art. 75, he should remove the
Cabinet Ministers.

Art. 83. The Cabinet Ministers shall be allowed to attend both Houses
and make speeches, but in case of introducing bills for the Executive
Department, their delegates may act for them.

CHAPTER VIII. COURTS OF JUSTICE

Art. 84. The Judicial authority of the Republic of China shall be
exercised by the Courts of Justice exclusively.

Art. 85. The organization of the Courts of Justice and the
qualifications of the Judges shall be fixed by law.

The appointment of the Chief-Justice of the Supreme Court should have
the approval of the Senate.

Art. 86. The Judiciary shall attend to and settle all civil, criminal,
administrative and other cases, but this does not include those cases
which have been specially provided for by the Constitution or law.

Art. 87. The trial of cases in the law courts shall be conducted
publicly, but those affecting public peace and order or propriety may be
held in camera.

Art. 88. The Judges shall be independent in the conducting of trials
and none shall be allowed to interfere.

Art. 89. Except in accordance with law, judges, during their
continuation of office shall not have their emoluments decreased, nor be
transferred to other offices, nor shall they be removed from office.

During his tenure of office, no judge shall be deprived of his office
unless he is convicted of crime, or for offences punishable by law. But
the above does not include cases of reorganization of Judicial Courts
and when the qualification of the Judges are modified. The punishments
and fines of the Judicial Officials shall be fixed by law.

CHAPTER IX. LEGISLATION

Art. 90. The members of both Houses and the Executive Department may
introduce bills of law, but if any bill of law is rejected by the House
it shall not be re-introduced during the same session.

Art. 91. Any bill of law which has been passed by the National Assembly
shall be promulgated by the President within 15 days after receipt of
the same.

Art. 92. Should the President disapprove of any bill of law passed by
the National Assembly, he shall within the period allowed for
promulgation, state the reason of his disapproval and request the
reconsideration of the same by the National Assembly.

If a bill of law has not yet been submitted with a request for
consideration and the period for promulgation has passed; it shall
become law. But the above shall not apply to the case when the session
of the National Assembly is adjourned, or, the House of Representatives
dissolved before the period for the promulgation is ended.

Art. 93. The law shall not be altered or repealed except in accordance
with the law.

Art. 94. Any law that is in conflict with the Constitution shall not be
valid.

CHAPTER X. NATIONAL FINANCE

Art. 95. The introduction of new taxes and alterations in the rate of
taxation shall be fixed by law.

Art. 96. (Eliminated.)

Art. 97. The approval of the National Assembly must be obtained for
National loans, or the conclusion of agreements which tend to increase
the burden of the National Treasury.

Art. ... Financial bills involving direct obligation on the part of the
citizens shall first be submitted to the House of Representatives.

Art. 98. The Executive Department of the Government shall prepare a
budget setting forth expenditures and receipts of the Nation for the
fiscal year which shall be submitted to the House of Representatives
within 15 days after the opening of the session of the National
Assembly.

Should the Senate amend or reject the budget passed by the House of
Representatives, it shall request the concurrence of the House of
Representatives in its amendment or rejection, and, if such concurrence
is not obtained, the budget shall be considered as passed.

Art. 99. In case of special provisions, the Executive Department may fix
in advance in the budget the period over which the appropriations are to
be spread and may provide for the successive appropriations continuing
over this period.

Art. 100. In order to provide for a safe margin for under-estimates or
for items left out of the budget, the Executive Department may include
contingent items in the budget under the heading of Reserve Fund. The
sum expended under the above provision shall be submitted to the House
of Representatives at the next session for recognition.

Art. 101. Unless approved by the Executive Department, the National
Assembly shall have no right to abolish or curtail any of the following
items:

(1) Items in connection with obligations of the Government according to
law.

(2) Items necessitated by the observance of treaties.

(3) Items legally fixed.

(4) Successive appropriations continuing over a period.

Art. 102. The National Assembly shall not increase the annual
expenditures as set down in the budget.

Art. 103. In case the budget is not yet passed, when the fiscal year
begins, the Executive Department may, during this period, follow the
budget for the preceding year by limiting its expenditures and receipts
by one-twelfth of the total amount for each month.

Art. 104. Should there be a defensive war against foreign invasion, or
should there be a suppression of internal rebellion, or to provide
against extraordinary calamity, when it is impossible to issue writs for
summoning the National Assembly, the Executive Department may adopt
financial measures for the emergency, but it should request the
recognition thereof by the House of Representatives within seven days
after the convening of the next session of the National Assembly.

Art. 105. Orders on the Treasury for payments on account of the annual
expenditures of the Government shall first be passed by the Auditing
Department.

Art. 106. Accounts of the annual expenditures and annual receipts for
each year should first be referred to the Auditing Department for
investigation and then the Executive Department shall report the same to
the National Assembly.

If the account be rejected by the House of Representatives, the Cabinet
shall be held responsible.

Art. 107. The method of organization of the Auditing Department and the
qualification of the Auditors shall be fixed by law.

During his tenure of office, the auditor shall not be dismissed or
transferred to any other duty or his salary be reduced except in
accordance with the law.

The manner of punishment of Auditors shall be fixed by law.

Art. 108. The Chief of the Auditing Department shall be elected by the
Senate. The Chief of the Auditing Department may attend sittings of both
Houses and report on the Audit with explanatory statements.

CHAPTER XI. AMENDMENTS, INTERPRETATION AND INVIOLABILITY OF THE
CONSTITUTION

Art. 109. The National Assembly may bring up bills for the amendment of
the National Constitution.

Bills of this nature shall not take effect unless approved by two-thirds
of the members of each House present.

No bill for the amendment of the Constitution shall be introduced unless
signed by one-fourth of the members of each House.

Art. 110. The amendment of the National Constitution shall be discussed
and decided by the National Constitutional Conference.

Art. 111. No proposal for a change of the form of Government shall be
allowed as a subject for amendment.

Art. 112. Should there be any doubt as to the meaning of the text of the
Constitution, it shall be interpreted by the National Constitutional
Conference.

Art. 113. The National Constitutional Conference shall be composed of
the members of the National Assembly.

Unless there be a quorum of two-thirds of the total number of the
members of the National Assembly, no Constitutional Conference shall be
held, and unless three-fourths of the members present vote in favour, no
amendment shall be passed. But with regard to the interpretation of the
Constitution, only two-thirds of the members present is required to
decide an issue.

Art. ... The National Constitution shall be the Supreme Law of the Land
and shall be inviolable under any circumstances unless duly amended in
accordance with the procedure specified in this Constitution.

[Symbol: tick mark] A Chapter on Provincial or local organization is to
be inserted under Chapter ..., providing for certain powers and rights
to be given to local governments with the residual power left in the
hands of the central government. The exact text is not yet settled.

Note: The Mark (*) indicates that the article has already been
formally adopted as a part of the finished Constitution.

The Mark ([Symbol: tick mark]) indicates that the article has not yet
passed through the second reading.

Those without marks have passed through the second reading on May 28th,
1917. Articles bearing no number are additions to the original draft as
presented to the Conference by the Drafting Committee.


THE LOCAL SYSTEM

DRAFT SUBMITTED TO PARLIAMENT

The following Regulations on the Local System have been referred to the
Parliamentary Committee for consideration:--

Article 1. The Local System shall embrace provinces and hsien districts.

Any change for the existing division of provinces and hsien districts
shall be decided by the Senate. As to Mongolia, Tibet, Chinghai and
other places where no provinces and hsien districts have been fixed,
Parliament shall enforce these regulations there in future.

Art. 2. A province shall have the following duties and rights: (a) To
fix local laws. (b) To manage provincial properties. (c) To attend to
the affairs in connexion with police organization, sanitation,
conservancy, roads, and public works. (d) To develop education and
industry in accordance with the order and mandates of the Central
Government. (e) To improve its navigation and telegraphic lines, or to
undertake such enterprises with the co-operation of other provinces. (f)
To organize precautionary troops for the protection of local interests,
the method of whose organization, uniforms and arms shall be similar to
those of the National Army. With the exception of the matter of
declaring war against foreign countries, the President shall have no
power to transfer these troops to other provinces: and unless the
province is unable to suppress its own internal troubles, it shall not
ask the Central Government for the service of the National Army. (g) The
province shall defray its own expenses for the administration and the
maintenance of precautionary troops; but the provinces which have
hitherto received subsidies, shall continue to receive same from the
National Treasury with the approval of Parliament. (h) Land, Title Deed,
License, Mortgage, Tobacco and Wine, Butchery, Fishery and all other
principal and additional taxes shall be considered as local revenues.
(i) The province may fix rates for local tax or levy additional tax on
the National Taxes. (j) The province shall have a provincial treasury.
(k) It may raise provincial public loans. (l) It shall elect a certain
number of Senators. (m) It shall fix regulations for the smaller local
Self-Governing Bodies.

Art. 3. Besides the above rights and privileges, a province shall bear
the following responsibilities:

(a) In case of financial difficulties of the Central Government, it
shall share the burden according to the proportion of its revenue. (b)
It shall enforce the laws and mandates promulgated by the Central
Government. (c) It shall enforce the measures entrusted by the Central
Government, but the latter shall bear the expenses. (d) In case the
local laws and regulations are in conflict with those of the Central
Government the latter may with the approval of Parliament cancel or
modify the same. (e) In case of great necessity the provincial
telegraph, railway, etc., may be utilized by the Central Government. (f)
In case of negligence, or blunder made by the provincial authorities,
which injures the interests of the nation, the Central Government, with
the approval of Parliament, may reprimand and rectify same. (g) It shall
not make laws on the grant of monopoly and of copyrights; neither issue
bank notes, manufacture coins, make implements of weights and measures;
neither grant the right to local banks to manage the Government
Treasury; nor sign contracts with foreigners on the purchase or sale of
lands and mines, or mortgage land tax to them or construct naval
harbours or arsenals. (h) All local laws, budgets, and other important
matters shall be reported to the President from time to time. (i) The
Central Government may transfer to itself the ownership of enterprises
or rights which Parliament has decided should become national. (j) In
case of a quarrel arising between the Central Government and the
province, or between provinces, it shall be decided by Parliament. (k)
In case of refusal to obey the orders of the Central Government, the
President with the approval of Parliament may change the Shenchang
(Governor) or dissolve the Provincial Assembly. (l) The President with
the approval of Parliament may suppress by force any province which
defies the Central Authorities.

Art 4. A Shenchang shall be appointed for each province to represent the
Central Government in the supervision of the local administration. The
appointment shall be made with the approval of the Senate, the term, of
office for the Shenchang shall be four years, and his annual salary
shall be $24,000, which shall be paid out of the National Treasury.

Art. 5. The administration measures entrusted by the Government to the
Shenchang shall be enforced by the administrative organs under his
supervision, and he shall be responsible for same.

Art. 6. In the enforcement of the laws and mandates of the Central
Government, or of the laws and regulations of his province, he may issue
orders.

Art. 7. The province shall establish the following five Departments,
namely Interior, Police, Finance, Education and Industry. There shall be
one Department Chief for each Department, to be appointed by the
Shenchang.

Art. 8. A Provincial Council shall be organized to assist the Shenchang
to enforce the administrative measures, and it shall be responsible to
the Provincial Assembly for same.

This Council shall be composed of all the Departmental Chiefs, and five
members elected out of the Provincial Assembly. It shall discuss the
Bills on Budget, on administration, and on the organization of police
forces, submitted by the Shenchang.

Art. 9. If one member of the Council be impeached by the Provincial
Assembly, the Shenchang shall replace him, but if the whole body of the
Council be impeached, the Shenchang shall either dissolve the Assembly
or dismiss all his Departmental Chiefs. In one session the Assembly
shall not be dissolved twice, and after two months of the dissolution,
it shall be convened again.

Art. 10. The organization and election of the Provincial Assembly shall
be fixed by law.

Art. 11. The Provincial Assembly shall have the following duties and
powers: (a) It may pass such laws as allowed by the Constitution. (b) It
may pass the bills on the provincial Budget and Accounts. (c) It may
impeach the members of the Provincial Council. (d) It may address
interpellations or give suggestions to the Provincial Council. (e) It
may elect Members for the Provincial Council. (f) It may attend to the
petitions submitted by the public.

Art. 12. A Magistrate shall be appointed for each hsien district to
enforce administrative measures. He shall be appointed directly by the
Shenchang, and his term of office shall be three years.

Art. 13. The Central Government shall hold examinations in the provinces
for candidates for the Magistracy. In a province half of the total
number of magistrates shall be natives of the province and the other
half of other provinces; but a native shall hold office of Magistrate
300 _li_ away from his home.

Art. 14. The organization for the legislative organ of the hsien
district shall be fixed by law.


TARIFF REVISION IN CHINA

The following is a translation of a memorandum prepared by the Ministry
of Agriculture and Commerce regarding abolition of likin and an increase
of the Customs duties:--

THE MEMORANDUM

"Disproportionate taxation on commodities at inland towns and cities
tends to cripple the productive power of a country. Acting upon this
principle, France in the 17th, England, America, Germany and Austria in
the 18th Century abolished such kind of taxation, the Customs tariff
remaining, which is a levy on imports at the first port of entry. Its
purpose is to increase the cost of production of imported goods and to
serve as a protection of native products (sic). Raw materials from
abroad are, however, exempt from Customs duty in order to provide cheap
material for home manufactures. An altogether different state of
affairs, however, exists in this country. Likin stations are found
throughout the country, while raw materials are taxed. Take the Hangchow
silk for instance. When transported to the Capital for sale, it has to
pay a tax on raw material of 18 per cent. Foreign imported goods on the
other hand, are only taxed at the rate of five per cent _ad valorem_
Customs duty at the first port of entry with another 2.5 per cent
transit duty at one of the other ports through which the goods pass.
Besides these only landing duty is imposed upon imported goods at the
port of destination. Upon timber being shipped from Fengtien and Antung
to Peking, it has to pay duties at five different places, the total
amount of which aggregates 20 per cent of its market value, while timber
from America is taxed only ten per cent. Timber from Jueichow to Hankow
and Shanghai is taxed at six different places, the total amount of duty
paid aggregating 17.5 per cent., while timber imported from abroad to
these ports is required to pay Customs duty only one-third thereof. The
above-mentioned rates on native goods are the minimum. Not every
merchant can, however, obtain such special 'exemption,' without a long
negotiation and special arrangements with the authorities. Otherwise, a
merchant must pay 25 per cent of the market value of his goods as duty.
For this reason the import of timber into this country has greatly
increased within the last few years, the total amount of which being
valued at $13,000,000 a year. Is this not a great injustice to native
merchants?

THE CHINESE METHOD

"Respecting the improvement of the economic condition of the people, a
country can hardly attain this object without developing its foreign
commerce. The United States of America, Germany and Japan have one by
one abolished their export duty as well as made appropriations for
subsidies to encourage the export of certain kinds of commodities. We,
on the other hand, impose likin all along the line upon native
commodities destined for foreign markets in addition to export duty.
Goods for foreign markets are more heavily taxed than for home
consumption. Take the Chekiang silk for instance. Silk for export is
more heavily taxed than that for home use. Different rates of taxation
are imposed upon tea for foreign and home markets. Other kinds of native
products for export are also heavily taxed with the result that, within
the last two decades, the annual exports of this country are exceeded by
imports by over Tls. 640,000,000,000. From the 32nd year of the reign of
Kuang Hsu to the 4th year of the Republic, imports exceed exports on the
average by Tls. 120,000,000. These, figures speak for themselves.

LIKIN

"Likin stations have been established at places where railway
communication is available. This has done a good deal of harm to
transportation and the railway traffic. Lately a proposal has been made
in certain quarters that likin stations along the railways be abolished;
and the measure has been adopted by the Peking-Tientsin and
Tientsin-Pukow Railways at certain places. When the towns and cities
throughout the country are connected by railways, there will be no place
for likin stations. With the increase in the number of treaty ports, the
'likin zone' will be gradually diminished. Thencefrom the proceeds from
likin will be decreased year by year.

"Owing to the collection of likin the development of both home and
foreign trade has been arrested and the people are working under great
disadvantages. Hence in order to develop foreign and home trade the
Government must do away with likin, which will bring back business
prosperity, and in time the same will enable the Government to obtain
new sources of revenues.

"From the above-mentioned considerations, the Government can hardly
develop and encourage trade without the abolition of likin. By treaty
with Great Britain, America and Japan, the Government can increase the
rate of Customs tariff to cover losses due to the abolition of likin.
The question under consideration is not a new one. But the cause which
has prevented the Government from reaching a prompt decision upon this
question is the fear that, after the abolition of likin, the proceeds
from the increased Customs tariff would not be sufficient to cover the
shortage caused by the abolition of likin.

COST OF ABOLITION OF LIKIN

"But such a fear should disappear when the Authorities remember the
following facts:--

"(a) The loss as the result of the abolition of likin: $38,900,000.

"(b) The loss as the result of the abolition of a part of duty collected
by the native Customs houses: $7,300,000.

"(c) Annual proceeds from different kinds of principal and miscellaneous
taxes which shall be done away with the abolition of likin $11,800,000.

"The above figures are determined by comparing the actual amount of
proceeds collected by the Government in the 3rd and 4th years of the
Republic with the estimated amount in the Budget of the fifth year. The
total amount of loss caused by the abolition of likin will be
$58,000,000.

INCREASE OF CUSTOMS TARIFF

"The amount of increase in the Customs tariff which the Government
expects to collect is as follows:--(a) The increase in import duties
$29,000,000. (b) The increase in export duties Tls. 6,560,000.

"The above figures are determined according to the Customs returns of
the 2nd, 3rd, and 4th years of the Republic. By deducting Tls. 2,200,000
of transit duty, the net increase will be Tls. 33,600,000, which is
equal to $48,500,000. For the sake of prudence, allowance of five per
cent. of the total amount is made against any incidental shortage. The
net revenue thus increased would amount to $46,100,000. Against the loss
of $58,000,000, there will be a shortage of some $11,900,000. This,
however, will not be difficult to make good by new sources of revenue as
the result of a tariff revision:--(a) Tax on goods at the time of
manufacture $800,000. (b) Tax on goods at the time of sale $8,000,000.
(c) Tax on cattle and slaughtering houses $2,000,000. (d) Tax on
foodstuffs $4,000,000.

"Under (a) and (b) are the taxes to be collected on native made foreign
imitation goods and various kinds of luxurious articles. Under (c) and
(d) are taxes which are already enforced in the provinces but which can
be increased to that much by reorganizing the method of collection. The
total sum of the proceeds set forth under above items will amount to
$14,800,000. These will be quite sufficient to cover the loss caused by
the abolition of likin.

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