FOOTNOTES:

FOOTNOTES:[1]Sun Yat-senis the Cantonese pronunciation ofSun I-hsien, just asChiang K'ai-shekis that ofChiang Chieh-shih. Both men first acquired their world reputations under this pronunciation, which has become standard in English. According to Chinese custom, one's given name is used only by one's elders; consequently Sun Yat-sen has been referred to, by his grateful followers, by his "courtesy name" Wên, which is the name by which one refers to one's elder. In addition, he is referred to by another special name which he took for conspiratorial work, Chung-shan (allusive to an ancient hero), or by his title—asTsung-liorSun Tsung-li, much as we refer to President Wilson rather than to Woodrow Wilson. Sun was known most widely in life as Sun Wên; Chiang is most commonly mentioned as Chiang Chung-chêng. The question of names is extensively discussed in the biographies of the two leaders, cited below.[2]Linebarger, Paul [M. W.],Sun Yat-sen and the Chinese Republic, New York and London, 1925, p. 176; this is the authorized life of Sun Yat-sen, written much as he wished it. The standard critical biography is Sharman, Lyon,Sun Yat-sen: His Life and Its Meaning, New York, 1934. Sun Yat-sen also wrote a number of short autobiographies, some of which are deliberately inexact. Western language material on Sun is surveyed in an annotated bibliography appended to the present author'sThe Political Doctrines of Sun Yat-sen, Baltimore, 1937, p. 265ff.A work which has since appeared is "Sagittarius,"The Strange Apotheosis of Sun Yat-sen, London, 1939.[3]Statement to the author by Wên Chung-yao, President of the LegislativeYüanof the Reorganized National Government of Wang Ch'ing-wei, at Nanking, September 5, 1940. Dr. Wên was a classmate of Dr. Sun at Queen's College.[4]New York, 1922; reissue, 1929.[5]Linebarger, Paul Myron,Mes Mémoires Abrégés sur les Révolutions de Sun Yat-sen, Paris, 1938, p. 194. Paragraphing deleted in translation from the French.[6]In the case of Chinese names which are commonly transliterated in an Americanized form, the Western name-order is preserved. According to standard Sinological practice, the three sisters are Sung Ai-ling, Sung Ch'ing-ling, and Sung Mei-ling; their famous brother (T. V. Soong) is Sung Tzŭ-wên.[7]d'Elia, Paschal M., S. J.,The Triple Demism of Sun Yat-sen, Wuch'ang, 1931, p. 36-49, gives an exhaustive analysis of possible translations. Stylistically, the term should be givenSan Min Chu Ias a classical title;san-min chu-ias a noun; andsan-min-chu-iwhen used as an adjective. The first form alone is followed because of its wide currency.[8]The Analects, Book XIII, Ch. v; Legge, James,The Chinese Classics, Oxford, 1893 [Peiping, 1939], I, p. 93; the wordtermshas been substituted fornamesin renderingming.[9]d'Elia translation, cited, p. 130-1.[10]See above, p.42.[11]See William, Maurice,Sun Yat-sen vs. Communism, Baltimore, 1932, for an appraisal which stresses the importance and degree of this influence; on the opposite side, see "The Alleged Influence of Maurice William on Sun Yat-sen" by P. C. Huang and W. P. Yuen inT'ien Hsia Monthly, V, 4 (November 1937), p. 349-76.[12]Biographies of Chiang are: Chen Tsung-hsiet al.,General Chiang Kai-shek, the Builder of New China, Shanghai, 1929; Tong, Hollington K. (Tung Hsien-kuang),Chiang Kai-shek, Soldier and Statesman, 2 vols., Shanghai, 1937, the authorized biography and a model of its kind; Berkov, Robert,Strong Man of China, Boston. 1938; and Hedin, Sven,Chiang Kai-shek, Marshal of China, New York, 1940.Who's Who in Chinais, as usual, useful for Chiang and for the members of his family. Almost every book on modern China, or magazine dealing with Asiatic materials, has discussions of Chiang. Among the most noteworthy writers on his career and personality are Gustav Amann, whose account remains the most carefully detailed; Edgar Snow and John Gunther, the reporters mentioned above; and Harold Isaacs. The Generalissimo's own diary and speeches, together with Mme. Chiang's writings, are unconsciously rather than deliberately revelatory.[13]John Donne, in a sermon of commemoration of the Lady Danvers, late wife of Sir John Danvers; 1627.[14]One of the Seven Gentlemen (Ch'i Chüntzŭ), whose name is withheld by request, interviewed August 2, 1940, in Chungking.[15]Communist leader, interviewed in Chungking, whose name is also withheld by request.[16]Some of the recent volumes are:Lu-shan Hsün-lien Chi Hsüan-chi(Collected Papers of the Lu Shan Training Conference), Chungking, 1939;O-mei Hsün-lien Chi Hsüan-chi(Collected Papers of the Omei Training Conference), Chungking, 1939;Li-hsing Chê-hsiao(The Philosophy of Being Practical), Chungking, 1940;Tsung-ts'ai Chien-kuo Yen-lun Hsüan-chi(The Tsung-ts'ai's Utterances on Reconstruction), Chungking, 1940;Tsung-ts'ai Wai-chiao Yen-lun Hsüan-chi(The Tsung-ts'ai's Utterances on Diplomacy), Chungking, 1940; andTsung-ts'ai K'ang-chan Yen-lun Hsüan-chi(The Tsung-ts'ai's Utterances on Resistance), Chungking, 1940. A collection of the Generalissimo's leading speeches, in English, is in press and is to be issued soon by the China Information Publishing Company, Hong Kong.[17][Chiang K'ai-shek],San-min-chu-i chih T'i-hsi nai ch'i-shih Hsing-ch'êng-hsü(TheSan Min Chu ISystem and its Method of Application), Chungking, 1939. This booklet is part of a series calledConclusions of the Party Chief, published by the Central Headquarters of the Kuomintang Training Corps, Chungking, 1939.

[1]Sun Yat-senis the Cantonese pronunciation ofSun I-hsien, just asChiang K'ai-shekis that ofChiang Chieh-shih. Both men first acquired their world reputations under this pronunciation, which has become standard in English. According to Chinese custom, one's given name is used only by one's elders; consequently Sun Yat-sen has been referred to, by his grateful followers, by his "courtesy name" Wên, which is the name by which one refers to one's elder. In addition, he is referred to by another special name which he took for conspiratorial work, Chung-shan (allusive to an ancient hero), or by his title—asTsung-liorSun Tsung-li, much as we refer to President Wilson rather than to Woodrow Wilson. Sun was known most widely in life as Sun Wên; Chiang is most commonly mentioned as Chiang Chung-chêng. The question of names is extensively discussed in the biographies of the two leaders, cited below.

[2]Linebarger, Paul [M. W.],Sun Yat-sen and the Chinese Republic, New York and London, 1925, p. 176; this is the authorized life of Sun Yat-sen, written much as he wished it. The standard critical biography is Sharman, Lyon,Sun Yat-sen: His Life and Its Meaning, New York, 1934. Sun Yat-sen also wrote a number of short autobiographies, some of which are deliberately inexact. Western language material on Sun is surveyed in an annotated bibliography appended to the present author'sThe Political Doctrines of Sun Yat-sen, Baltimore, 1937, p. 265ff.A work which has since appeared is "Sagittarius,"The Strange Apotheosis of Sun Yat-sen, London, 1939.

[3]Statement to the author by Wên Chung-yao, President of the LegislativeYüanof the Reorganized National Government of Wang Ch'ing-wei, at Nanking, September 5, 1940. Dr. Wên was a classmate of Dr. Sun at Queen's College.

[4]New York, 1922; reissue, 1929.

[5]Linebarger, Paul Myron,Mes Mémoires Abrégés sur les Révolutions de Sun Yat-sen, Paris, 1938, p. 194. Paragraphing deleted in translation from the French.

[6]In the case of Chinese names which are commonly transliterated in an Americanized form, the Western name-order is preserved. According to standard Sinological practice, the three sisters are Sung Ai-ling, Sung Ch'ing-ling, and Sung Mei-ling; their famous brother (T. V. Soong) is Sung Tzŭ-wên.

[7]d'Elia, Paschal M., S. J.,The Triple Demism of Sun Yat-sen, Wuch'ang, 1931, p. 36-49, gives an exhaustive analysis of possible translations. Stylistically, the term should be givenSan Min Chu Ias a classical title;san-min chu-ias a noun; andsan-min-chu-iwhen used as an adjective. The first form alone is followed because of its wide currency.

[8]The Analects, Book XIII, Ch. v; Legge, James,The Chinese Classics, Oxford, 1893 [Peiping, 1939], I, p. 93; the wordtermshas been substituted fornamesin renderingming.

[9]d'Elia translation, cited, p. 130-1.

[10]See above, p.42.

[11]See William, Maurice,Sun Yat-sen vs. Communism, Baltimore, 1932, for an appraisal which stresses the importance and degree of this influence; on the opposite side, see "The Alleged Influence of Maurice William on Sun Yat-sen" by P. C. Huang and W. P. Yuen inT'ien Hsia Monthly, V, 4 (November 1937), p. 349-76.

[12]Biographies of Chiang are: Chen Tsung-hsiet al.,General Chiang Kai-shek, the Builder of New China, Shanghai, 1929; Tong, Hollington K. (Tung Hsien-kuang),Chiang Kai-shek, Soldier and Statesman, 2 vols., Shanghai, 1937, the authorized biography and a model of its kind; Berkov, Robert,Strong Man of China, Boston. 1938; and Hedin, Sven,Chiang Kai-shek, Marshal of China, New York, 1940.Who's Who in Chinais, as usual, useful for Chiang and for the members of his family. Almost every book on modern China, or magazine dealing with Asiatic materials, has discussions of Chiang. Among the most noteworthy writers on his career and personality are Gustav Amann, whose account remains the most carefully detailed; Edgar Snow and John Gunther, the reporters mentioned above; and Harold Isaacs. The Generalissimo's own diary and speeches, together with Mme. Chiang's writings, are unconsciously rather than deliberately revelatory.

[13]John Donne, in a sermon of commemoration of the Lady Danvers, late wife of Sir John Danvers; 1627.

[14]One of the Seven Gentlemen (Ch'i Chüntzŭ), whose name is withheld by request, interviewed August 2, 1940, in Chungking.

[15]Communist leader, interviewed in Chungking, whose name is also withheld by request.

[16]Some of the recent volumes are:Lu-shan Hsün-lien Chi Hsüan-chi(Collected Papers of the Lu Shan Training Conference), Chungking, 1939;O-mei Hsün-lien Chi Hsüan-chi(Collected Papers of the Omei Training Conference), Chungking, 1939;Li-hsing Chê-hsiao(The Philosophy of Being Practical), Chungking, 1940;Tsung-ts'ai Chien-kuo Yen-lun Hsüan-chi(The Tsung-ts'ai's Utterances on Reconstruction), Chungking, 1940;Tsung-ts'ai Wai-chiao Yen-lun Hsüan-chi(The Tsung-ts'ai's Utterances on Diplomacy), Chungking, 1940; andTsung-ts'ai K'ang-chan Yen-lun Hsüan-chi(The Tsung-ts'ai's Utterances on Resistance), Chungking, 1940. A collection of the Generalissimo's leading speeches, in English, is in press and is to be issued soon by the China Information Publishing Company, Hong Kong.

[17][Chiang K'ai-shek],San-min-chu-i chih T'i-hsi nai ch'i-shih Hsing-ch'êng-hsü(TheSan Min Chu ISystem and its Method of Application), Chungking, 1939. This booklet is part of a series calledConclusions of the Party Chief, published by the Central Headquarters of the Kuomintang Training Corps, Chungking, 1939.

The China of Chiang K'ai-shek has withstood the shock of foreign war, and has demonstrated its capacity to grow and survive as a state despite heavy domestic adversity. The constitutional structure nears a condition of realistic operation. The political organs, while still monopolized by the Kuomintang, are highly effective; their unrepresentative character is mitigated by the new experiments with consultative legislation. Administratively, both as to special functions and in developing local government, significant new enterprises are under way. Communist-Nationalist rivalry, while still bitter, has avoided domestic civil war during the invasion; despite the clash of National troops with the New Fourth Army, the postponement may be indefinitely continued. Taken all together, Free China presents a hopeful picture; and it therefore acquires international importance as the presumptive predecessor of a great Asiatic democracy.

Nevertheless, the fact that a Chinese central government has emerged in time for effective action, and has withstood invasion, does not provide proof that Japan is doomed to fail. Japanese progress thus far in China has depended in great part upon Japanese world commerce—on raw materials and finance from her lucrative American trade. China's resistance has depended, but to a lesser degree, on Western aid. In each case, the early history of the conflict was qualified if not determined by the character of third-party relations. If the United States, the Soviet Union, Britain, and Germany continued for the next twenty-odd years to do in the Far East precisely what they have been doing for thepast ten, the future might be more or less predictable on the basis of the Far Eastern elements alone. Such a prediction is, however, wholly unsupportable at the present time; it is indeed safe to predict the contrary, and assume that it is impossible for the major outside powers to continue their reciprocal power-relationships unchanged, in the Far East or elsewhere. China's future is therefore bound up with European and American uncertainties. The Three-Power Pact, signed at Berlin, September 27, 1940 between Germany, Italy and Japan, and the American Lease-Lend Bill have already begun to interlock the European and East Asiatic wars.

The Chinese domestic situation will inescapably be bound up with China's international position. The extremes of probability can be readily marked off: on the one hand, it is most improbable that the Chinese resistance should collapse altogether, and leave the way open for an almost effortless Japanese victory, through the consolidation of the Wang regime without guerrilla, volunteer or West-China opposition; on the other hand, an immediate and complete Chinese victory, coupled with solution of Nationalist-Communist rivalry, is not at all in sight. Somewhere between these two extremes there lie a number of more probable alternatives.

Chief among these is a Kuomintang China, winning a slow victory against Japan under the continuation of existent institutions and leadership. Such a country—nationalist, democratic, and economically pragmatist—would, by the fact of victory over Japan, create a nucleus for liberal democracy in Asia.[1]A variant of this solution would be a United Front China, wherein theindependents and the Left actually shared power with the Kuomintang under conditions of broad popular suffrage; this would presumably lie between the United States and the Soviet Union in the matter of ideology and foreign policy. Neither of these would afford Japan much opportunity for continued influence on the continent.

A long continuation of the present hostilities might imply the development of a permanently divided China—permanent save in terms of centuries—with Nationalists and Communists landbound in inner Asia, and pro-Japanese governments along the coast. Such a violation of Chinese cultural and economic unity would perpetuate disequilibrium, and imply continuing wars. Differing from this in degree rather than kind would be a reversion of China totuchünismand anarchy. Neither of these possibilities could command acceptance from the awakened, vigorous China of today.

Outside intervention presents a third group of alternatives: the partition of China through a Soviet-Japanese understanding, or the complete Sovietization of China, through the combined efforts of Soviet and Chinese Communists. Soviet-Japanese partition, once almost unthinkable, appears within the range of possibility because of the apparent weakness of the Soviet Union, which calls for unconventional remedies. If Communist dialectic insured the Soviets who shared China with Japan an ultimate victory over Japan as well, the evil might seem transitory to the Soviet Union. Were such a step taken to thwart rising American influence, it might seem the lesser of two evils. Neither this nor a Soviet China (which would swell the Communist frontier and resources immeasurably) appeared probable in the spring of 1941.

The more practical aspects of the China-building problem still concern the immediate, local effectiveness of the Japanese military effort to control the growth of Chinese government.

To create a victorious condition, Japan has sought the collaboration of phantom Japanophile governments. But in the face of the continuing National Government, and guerrilla opposition, these governments are incapable of functioning. When the conquerors of China entered the cities, and took over the government, they were strangers holding mere islands in the greatness of China.

Japan has the seven most important cities of China. She has most of the railroads. The waters around China are closed by the Japanese fleet. But how is Japan to occupy the hundreds of thousands of villages? How is Japan to persuade the Chinese people, who are still overwhelmingly country people, that they are conquered when Japan thinks that they are?

The Japanese have not yet succeeded in making much impression on the Chinese farmers, except to anger them with cruelty and rapine. In Manchuria, where the Japanese have had undisputed sway for ten long years, thousands of bandits, a Chinese version of Minute Men, are still fighting. Ten, five, even three miles from the great fortified centers of the Japanese army in China, Chinese irregulars, peasant volunteers, spring up in the night. In the darkness there is shooting, sudden flames, perhaps an airplane burning or a gasoline storage tank set on fire; when dawn comes there is nothing to be seen except the patient quiet coolies working in their little fields.

At the present time the war has reached its quiescent stage. The Japanese army has done what in most other cases would be called winning a victory. The battle is accordingly a battle between the Chinese government in the West and the Japanese in the East of China, not with guns or ships so much as with words and with price levels—not for strategic territory, but for the support of the Chinese masses.

The Chinese must make it possible for their own peopleto live successfully and happily. But they have the world's greatest farm problem, a problem of over-indebtedness, sharecropping, soil exhaustion, prices and markets. Japan wanted to prevent the creation of a united China strong enough to take Manchuria back, and to drive the Japanese off the Asiatic continent back to Japan. Japan accordingly took the disastrous and painful step of conquering the world's greatest relief problem—the millions of underfed, undernourished, desperate Chinese farmers. Now she has them.

In this light, the Far Eastern conflict takes on a different appearance from the usual picture of China versus Japan. It is a conflict, not merely of one nation against another but of competing governments within the same territory. China is trying to build one way; Japan, another; but they are both building for the same end, control of the Far East, and on the same foundations, the Chinese people. Both Japan and the independent Chinese government are struggling for the mastery of an area which is in the grip of a tragic farm problem. The key to power is the mastery of the problem, not the mastery of the men. The Chinese farmers would welcome Communism, capitalism, or almost any kind of leadership which could guarantee them a good livelihood in return for their long and patient labor. The basic issues are social, technological, and economic, as well as political and military. The Japanese failure in China is not a failure of the economic resources; Japan could have been a weak but adequate economic partner to China. The failure of Japan now leads China to look elsewhere for help.

The American Lease-Lend Bill, designed primarily to extend effective aid to Britain, also applied to China. The United States executive was clearly aware of the purposes of Japan, and displayed a temper to thwartthem. Secretary of State Cordell Hull, presenting a statement in support of the Bill to the House Foreign Affairs Committee on January 15, 1941, stated:

It has been clear throughout that Japan has been actuated from the start by broad and ambitious plans for establishing herself in a dominant position in the entire region of the Western Pacific. Her leaders have openly declared their determination to achieve and maintain that position by force of arms and thus to make themselves master of an area containing almost one-half of the entire population of the world. As a consequence, they would have arbitrary control of the sea and trade routes in that region.............It should be manifest to every person that such a program for the subjugation and ruthless exploitation by one country of nearly one-half the population of the world is a matter of immense significance, importance and concern to every nation wherever located.

............

It should be manifest to every person that such a program for the subjugation and ruthless exploitation by one country of nearly one-half the population of the world is a matter of immense significance, importance and concern to every nation wherever located.

On March 15, the President's speech to the White House Correspondents' Association included a ringing promise to give help to the Chinese people, who had asked for aid through Chiang K'ai-shek. The United States moved toward a more definite policy in Asia as well as giving more aid to Britain in the North Atlantic area. The lease-lend program might upset the entire balance of power in the Far East even more readily than in Europe; but immediate evidence of such large-scale application was not forthcoming.

In his message to President Roosevelt, March 18, 1941, Chiang K'ai-shek said:[2]

The people of China, whether engaged in fighting the aggressor or toiling in the fields and workshops in the rear in support of the defenders, will be immeasurably heartened by your impressive reaffirmation of the will of the American people to assist them in their struggle for freedom from foreign domination, and in the resumption of their march towards democracy and social justice for all.

Significantly, the statement of Secretary Hull may apply to future Soviet advance in China as well as to the Japanese invasion. American aid which would weaken Japan and strengthen the Soviet Union thereby, would be welcome to Stalin; but American influence, carried to the point of consolidating the National Government against the Communists, and reducing the probabilities of rising Communist influence, would not be welcome.

Whether the United States Government and the American people are pro-Chinese or not, the National Government of China is pro-American. The only influence to rival the American in modern China is that of the Soviet Union. Soviet and American impress are found in intellectual life, in political ideals, in standards and types of organization, and in ethical creeds. It is no accident that the Kuomintang traces its three principles back to Lincoln, while the Chinese Communists quote Lenin and Stalin. The rivalry is clear, and acute. American aid to China strengthens the pro-American party and weakens the Communists; cessation of the Burma route traffic in the summer of 1940 stimulated discussion of a closer Sino-Soviet rapprochement.

Generalissimo Chiang is a Christian. He is surrounded by American-trained officials. The common secondary language of the Nationalists is English. The Chinese Industrial Cooperatives are based on an American background with New Zealand and British advice. The educational system is patterned after that of the United States in great part; the American impress on the system of higher education, in particular, cannot be overestimated. The interests, appetites, and orientation of the Kuomintang and the National Government are Pacific-centered; much bitterness of an intimate, almost uncomplaining sort, has been aroused by America's continued aid to Japan through business channels.

Adjustments within China are bound to react to thepressures in the outside world. If the United States abandons Free China, the Japanese will probably not conquer China; but the Soviets will be in an excellent position to try, for themselves or through agreement with the Japanese, to demoralize Chinese resistance so that the Soviet forces could intervene because of a political vacuum and protect the "racially kin working classes," as in Poland. Whether China should go Communist through the triumph of the Chinese Communists, or through military occupation by the Soviet Red Army, would not matter much to the United States. What would matter would be the loss of an incomparable ally, an ally who today is almost embarrassingly cordial toward us, thankful to us, and who admires our institutions and culture.

Once Japan were forced out of the picture as an aggressive power, once the United States and China were to reach an understanding, the Soviet Union—debarred from a warm-water naval base on the Pacific—could be left in thestatus quo, its menace removed, to work out its own destiny if it did not challenge renewed intervention by renewed provocation of co-existing societies. No other challenging power could appear on the Pacific. A group of nations from Buenos Aires to Labrador, from Melbourne to Kashgar, from Lhasa to Boston would cover three and one-half continents. The area thus freed from war and aggression, encompassing the Americas and the Pacific basin, would include every necessary article in the entire schedule of man's appetites. The Chungking government, elementarily and crudely, has broken ground for the culture-political American advance into Asia. Strong without us, Free China is a great power with us, and the one place in the world where construction, liberty, education, and hope still rise day by day. Both cosmopolitan and national, the Chinese are ready to accept their share of responsibility for the new world order.

The responsibility for building a democratic world, whether or not the four authoritarian powers go down, lies in great part upon the United States. Generalissimo Chiang, alone among leaders, has stood forth for world government, for world freedom. He has written:[3]

"In as much as cosmopolitanism and world peace are two of the main aims ofSan Min Chu I, China will naturally be disposed to participate in any world federation or confederation based on the equality of nations and for the good of mankind."

FOOTNOTES:[1]This discussion includes extracts from the author's "China: Right, Left, or Center?",The Quarterly Review of the Michigan Alumnus, Vol. XLVI, No. 14 (Winter 1940).[2]Department of State,Bulletin, IV, p. 335.[3]See below, p.371.

[1]This discussion includes extracts from the author's "China: Right, Left, or Center?",The Quarterly Review of the Michigan Alumnus, Vol. XLVI, No. 14 (Winter 1940).

[2]Department of State,Bulletin, IV, p. 335.

[3]See below, p.371.

Released April 30, 1937, this differs from the celebrated Double Five Draft (q.v.in Text) by the omission of an article providing that the first Kuo-min Ta-hui should exercise full power, and not be confined to the preparation of a constitution. This Draft represents the official viewpoint and was prepared by the LegislativeYüanwith the help and criticism of private persons; accordingly, it is the outstanding draft constitution.

By virtue of the mandate received from the whole body of citizens and in accordance with the bequeathed teachings of Dr. Sun, Founder of the Republic of China, the People's Congress of the Republic of China hereby ordains and enacts this Constitution and causes it to be promulgated throughout the land for faithful and perpetual observance by all.

Article1. The Republic of China is aSAN MIN CHU IRepublic.

Article2. The sovereignty of the Republic of China is vested in the whole body of its citizens.

Article3. Persons having acquired the nationality of the Republic of China are citizens of the Republic of China.

Article4. The territory of the Republic of China consists of areas originally constituting Kiangsu, Chekiang, Anhwei, Kiangsi, Hupeh, Hunan, Szechwan, Sikang, Hopei, Shantung, Shansi, Honan, Shensi, Kansu, Chinghai, Fukien, Kwangtung, Kwangsi, Yunnan, Kweichow, Liaoning, Kirin, Heilungkiang, Jehol, Chahar, Suiyuan, Ningsia, Sinkiang, Mongolia and Tibet.

The territory of the Republic of China shall not be altered except by resolution of the People's Congress.

Article5. All races of the Republic of China are component parts of the Chinese Nation and shall be equal.

Article6. The National Flag of the Republic of China shall have a red background with a blue sky and white sun in the upper left corner.

Article7. The National Capital of the Republic of China shall be at Nanking.

Article8. All citizens of the Republic of China shall be equal before the law.

Article9. Every citizen shall enjoy the liberty of the person. Except in accordance with law, no one may be arrested, detained, tried or punished.

When a citizen is arrested or detained on suspicion of having committed a criminal act, the authority responsible for such action shall immediately inform the citizen himself and his relatives of the cause for his arrest or detention and shall, within a period of twenty-four hours, send him to a competent court for trial. The citizen so arrested or detained, or any one else, may also petition the court to demand from the authority responsible for such action the surrender, within twenty-four hours, of his person to the court for trial.

The court shall not reject such a petition; nor shall the responsible authority refuse to execute such a writ as mentioned in the preceding paragraph.

Article10. With the exception of those in active military service, no one may be subject to military jurisdiction.

Article11. Every citizen shall have the freedom of domicile; no private abode may be forcibly entered, searched or sealed except in accordance with law.

Article12. Every citizen shall have the freedom to change his residence; such freedom shall not be restricted except in accordance with law.

Article13. Every citizen shall have the freedom of speech, writing and publication; such freedom shall not be restricted except in accordance with law.

Article14. Every citizen shall have the freedom of secrecy of correspondence; such freedom shall not be restricted except in accordance with law.

Article15. Every citizen shall have the freedom of religious belief; such freedom shall not be restricted except in accordance with law.

Article16. Every citizen shall have the freedom of assembly and of forming associations; such freedom shall not be restricted except in accordance with law.

Article17. No private property shall be requisitioned, expropriated, sealed or confiscated except in accordance with law.

Article18. Every citizen shall have the right to present petitions, lodge complaints and institute legal proceedings in accordance with law.

Article19. Every citizen shall have the right to exercise, in accordance with law, the powers of election, recall, initiative and referendum.

Article20. Every citizen shall have the right to compete, in accordance with law, in state examinations.

Article21. Every citizen shall, in accordance with law, be amenable to the duty of paying taxes.

Article22. Every citizen shall, in accordance with law, be amenable to the duty of performing military service.

Article23. Every citizen shall, in accordance with law, be amenable to the duty of rendering public service.

Article24. All other liberties and rights of the citizens which are not detrimental to public peace and order or public welfare shall be guaranteed by the Constitution.

Article25. Only laws imperative for safeguarding national security, averting a national crisis, maintaining public peace and order or promoting public interest may restrict the citizens' liberties and rights.

Article26. Any public functionary who illegally infringes upon any private liberty or right, shall, besides being subject to disciplinary punishment, be responsible under criminal and civil law. The injured person may also, in accordance with law, claim indemnity from the State for damages sustained.

Article27. The People's Congress shall be constituted of delegates elected as follows:

1. Each district, municipality or area of an equivalent status shall elect one delegate, but in case its population exceeds 300,000, one additional delegate shall be elected for every additional 500,000 people. The status of areas to be equivalent to a district or municipality shall be defined by law.2. The number of delegates to be elected from Mongolia and Tibet shall be determined by law.3. The number of delegates to be elected by Chinese citizens residing abroad shall be determined by law.

2. The number of delegates to be elected from Mongolia and Tibet shall be determined by law.

3. The number of delegates to be elected by Chinese citizens residing abroad shall be determined by law.

Article 28.Delegates to the People's Congress shall be elected by universal, equal, and direct suffrage and by secret ballots.

Article 29.Citizens of the Republic of China having attained the age of twenty years shall, in accordance with law, have the right to elect delegates. Citizens having attained the age of twenty-five years shall, in accordance with law, have the right to be elected delegates.

Article 30.The term of office of Delegates of the People's Congress shall be six years.

When a Delegate is found guilty of violation of a law or neglect of his duty, his constituency shall recall him in accordance with law.

Article 31.The People's Congress shall be convened by the President once every three years. Its session shall last one month, but may be extended another month when necessary.

Extraordinary sessions of the People's Congress may be convened at the instance of two-fifths or more of its members.

The President may convene extraordinary sessions of the People's Congress.

The People's Congress shall meet at the place where the Central Government is.

Article 32.The powers and functions of the People's Congress shall be as follows:

1. To elect the President and Vice-President of the Republic, the President of the Legislative Yuan, the President of the Censor Yuan, the Members of the Legislative Yuan and the Members of the Censor Yuan.2. To recall the President and Vice-President of the Republic, the President of the Legislative Yuan, the President of the Judicial Yuan, the President of the Examination Yuan, the President of the Censor Yuan, the Members of the Legislative Yuan and the Members of the Censor Yuan.3. To initiate laws.4. To hold referenda on laws.5. To amend the Constitution.6. To exercise such other powers as are conferred by the Constitution.

2. To recall the President and Vice-President of the Republic, the President of the Legislative Yuan, the President of the Judicial Yuan, the President of the Examination Yuan, the President of the Censor Yuan, the Members of the Legislative Yuan and the Members of the Censor Yuan.

3. To initiate laws.

4. To hold referenda on laws.

5. To amend the Constitution.

6. To exercise such other powers as are conferred by the Constitution.

Article 33.Delegates to the People's Congress shall not be held responsible outside of Congress for opinions theymay express and votes they may cast during the session of Congress.

Article 34.Without the permission of the People's Congress, no delegate shall be arrested or detained during the session except when apprehended inflagrante delicto.

Article 35.The organization of the People's Congress and the election as well as recall of its Delegates shall be determined by law.

Article 36.The President is the Head of the State and represents the Republic of China in foreign relations.

Article 37.The President commands the land, sea and air forces of the whole country.

Article 38.The President shall, in accordance with law, promulgate laws and issue orders with the counter-signature of the President of the Yuan concerned.

Article 39.The President shall, in accordance with law, exercise the power of declaring war, negotiating peace and concluding treaties.

Article 40.The President shall, in accordance with law, declare and terminate a state of emergency.

Article 41.The President shall, in accordance with law, exercise the power of granting amnesties, special pardons, remission of sentences and restoration of civil rights.

Article 42.The President shall, in accordance with law, appoint and remove civil and military officials.

Article 43.The President shall, in accordance with law, confer honors and award decorations.

Article 44.In case the State is confronted with an emergency, or the economic life of the State meets with a grave danger, which calls for immediate action, the President, following the resolution of the Executive Meeting, may issue orders of emergency and do whatever is necessary to cope with the situation, provided that he shall submit his action to the ratification of the Legislative Yuan within three months after the issuance of the orders.

Article 45.The President may call meetings of the Presidents of the five Yuan to confer on matters relating to two or more Yuan, or on such matters as the President may bring out for consultation.

Article 46.The President shall be responsible to the People's Congress.

Article 47.Citizens of the Republic of China, having attained the age of forty years, may be elected President or Vice-President of the Republic.

Article 48.The election of the President and Vice-President shall be provided for by law.

Article 49.The President and Vice-President shall hold office for a term of six years and may be re-elected for a second term.

Article 50.The President shall, on the day of his inauguration, take the following oath:

"I do solemnly and sincerely swear before the people that I will observe the Constitution, faithfully perform my duties, promote the welfare of the People, safeguard the security of the State and be loyal to the trust of the people. Should I break my oath, I will submit myself to the most severe punishment the law may provide."

Article 51.When the Presidency is vacant, the Vice-President shall succeed to the office.

When the President is for some reason unable to attend to his duties, the Vice-President shall act for him. If both the President and the Vice-President are incapacitated, the President of the Executive Yuan shall discharge the duties of the President's office.

Article 52.The President shall retire from office on the day his term expires. If by that time a new President has not been inducted into office, the President of the Executive Yuan shall discharge the duties of the President's office.

Article 53.The period for the President of the Executive Yuan to discharge the duties of the President's office shall not exceed six months.

Article 54.Except in case of an offense against the internal or external security of the State, the President shall not be liable to criminal prosecution until he has been recalled or has retired from office.

Article 55.The Executive Yuan is the highest organ through which the Central Government exercises its executive powers.

Article 56.In the Executive Yuan, there shall be a President, a Vice-President and a number of Executive Members, to be appointed and removed by the President.

The Executive Members mentioned in the preceding paragraph who do not take charge of Ministries or Commissionsshall not exceed half of those who are in charge of Ministries or Commissions as provided in the first paragraph ofArticle 58.

Article 57.In the Executive Yuan, there shall be various Ministries and Commissions which shall separately exercise their respective executive powers.

Article 58.The Ministers of the various Ministries and the Chairmen of the various Commissions shall be appointed by the President from among the Executive Members.

The President and the Vice-President of the Executive Yuan may act concurrently as Minister or Chairman mentioned in the preceding paragraph.

Article 59.The President of the Executive Yuan, the Executive Members, the Ministers of the various Ministries and the Chairmen of the various Commissions shall be individually responsible to the President.

Article 60.In the Executive Yuan there shall be Executive Meetings composed of the President, the President of the Executive Yuan and the Executive Members to be presided over by the President. In case the President is unable to be present, the President of the Executive Yuan shall preside.

Article 61.The following matters shall be decided at an Executive Meeting:

1. Statutory and budgetary bills to be submitted to the Legislative Yuan.2. Bills concerning a state of emergency and special pardons to be submitted to the Legislative Yuan.3. Bills concerning declaration of war, negotiation of peace, conclusion of treaties and other important international affairs to be submitted to the Legislative Yuan.4. Matters of common concern to the various Ministries and Commissions.5. Matters submitted by the President.6. Matters submitted by the President of the Executive Yuan, the Executive Members, the various Ministries and Commissions.

1. Statutory and budgetary bills to be submitted to the Legislative Yuan.

2. Bills concerning a state of emergency and special pardons to be submitted to the Legislative Yuan.

3. Bills concerning declaration of war, negotiation of peace, conclusion of treaties and other important international affairs to be submitted to the Legislative Yuan.

4. Matters of common concern to the various Ministries and Commissions.

5. Matters submitted by the President.

6. Matters submitted by the President of the Executive Yuan, the Executive Members, the various Ministries and Commissions.

Article 62.The organization of the Executive Yuan shall be determined by law.

Article 63.The Legislative Yuan is the highest organ through which the Central Government exercises its legislativepowers. It shall be responsible to the People's Congress.

Article64. The Legislative Yuan shall have the power to decide on measures concerning legislation, budgets, a state of emergency, special pardons, declaration of war, negotiation of peace, conclusion of treaties and other important international affairs.

Article65. In the discharge of its duties the Legislative Yuan may interrogate the various Yuan, Ministries and Commissions.

Article66. In the Legislative Yuan, there shall be a President who shall hold office for a term of three years and may be eligible for re-election.

Article67. In regard to the election of Members of the Legislative Yuan, the Delegates of the various provinces, Mongolia, Tibet and of citizens residing abroad, to the People's Congress shall separately hold a preliminary election to nominate their respective candidates and submit a list of their names to the Congress for election. The candidates are not confined to the Delegates to the People's Congress. The respective number of candidates shall be proportioned as follows:

1. A province with a population of less than 5,000,000 shall nominate four candidates. A province with a population of more than 5,000,000 but less than 10,000,000 shall nominate six candidates. A province with a population of more than 10,000,000 but less than 15,000,000 shall nominate eight candidates. A province with a population of more than 15,000,000 but less than 20,000,000 shall nominate ten candidates. A province with a population of more than 20,000,000 but less than 25,000,000 shall nominate twelve candidates. A province with a population of more than 25,000,000 but less than 30,000,000 shall nominate fourteen candidates. A province with a population of more than 30,000,000 shall nominate sixteen candidates.2. Mongolia and Tibet shall each nominate eight candidates.3. Citizens residing abroad shall nominate eight candidates.

2. Mongolia and Tibet shall each nominate eight candidates.

3. Citizens residing abroad shall nominate eight candidates.

Article68. Members of the Legislative Yuan shall hold office for a term of three years and may be eligible for re-election.

Article69. The Executive Yuan, Judicial Yuan, Examination Yuan, and Censor Yuan may submit to theLegislative Yuan measures concerning matters within their respective jurisdiction.

Article70. The President may, before the promulgation or execution of a legislative measure, request the Legislative Yuan to reconsider it.

If the Legislative Yuan, with regard to the request for consideration, should decide to maintain the original measure by a two-thirds vote of the Members present, the President shall promulgate or execute it without delay; provided that in case of a bill of law or a treaty, the President may submit it to the People's Congress for a referendum.

Article71. The President shall promulgate a measure presented by the Legislative Yuan for promulgation within thirty days after its receipt.

Article72. Members of the Legislative Yuan shall not be held responsible outside of the said Yuan for opinions they may express and votes they may cast during its session.

Article73. Without the permission of the Legislative Yuan, no member may be arrested or detained except when apprehended inflagrante delicto.

Article74. No Member of the Legislative Yuan may concurrently hold any other public office or engage in any business or profession.

Article75. The election of Members of the Legislative Yuan and the organization of the Legislative Yuan shall be determined by law.

Article76. The Judicial Yuan is the highest organ through which the Central Government exercises its judicial powers. It shall attend to the adjudication of civil, criminal and administrative suits, the discipline and punishment of public functionaries and judicial administration.

Article77. In the Judicial Yuan, there shall be a President who shall hold office for a term of three years. He shall be appointed by the President.

The President of the Judicial Yuan shall be responsible to the People's Congress.

Article78. Matters concerning special pardons, remission of sentence and restoration of civil rights shall be submitted to the President for action by the President of the Judicial Yuan in accordance with law.

Article79. The Judicial Yuan shall have the power to unify the interpretation of statutes and ordinances.

Article80. Judicial officials shall, in accordance with law, have perfect independence in the conduct of trials.

Article81. No judicial official may be removed from office unless he has been subject to criminal or disciplinary punishment or declared an interdicted person; nor may a judicial official be suspended or transferred, or have his salary reduced except in accordance with law.

Article82. The organization of the Judicial Yuan and the various Courts of Justice shall be determined by law.

Article83. The Examination Yuan is the highest organ through which the Central Government exercises its examination powers. It shall attend to the selection of civil service candidates by examination and to the registration of persons qualified for public service.

Article84. In the Examination Yuan there shall be a President who shall hold office for a term of three years, to be appointed by the President.

The President of the Examination Yuan shall be responsible to the People's Congress.

Article85. The Examination Yuan shall, in accordance with law, by examination and registration determine the following qualifications:

1. For appointment as a public functionary.2. For candidacy to public office.3. For practice in specialized professions and as technical experts.

1. For appointment as a public functionary.

2. For candidacy to public office.

3. For practice in specialized professions and as technical experts.

Article86. The organization of the Examination Yuan shall be determined by law.

Article87. The Censor Yuan is the highest organ through which the Central Government exercises its censorial powers. It shall attend to impeachment and auditing and be responsible to the People's Congress.

Article88. In the discharge of its censorial powers, the Censor Yuan may, in accordance with law, interrogate the various Yuan, Ministries and Commissions.

Article89. In the Censor Yuan, there shall be a President who shall hold office for a term of three years and may be eligible for re-election.

Article90. Members of the Censor Yuan shall be elected by the People's Congress, from candidates separately nominated by the Delegates of the various provinces, Mongolia,Tibet and Chinese citizens residing abroad. Each group of Delegates shall nominate two candidates. The candidates are not confined to Delegates to the Congress.

Article91. Members of the Censor Yuan shall hold office for a term of four years and may be eligible for re-election.

Article92. When the Censor Yuan finds a public functionary in the Central or local government guilty of violation of a law or neglect of his duty, an impeachment may be instituted upon the proposal of one or more Members and the indorsement, after due investigation, of five or more Members. Impeachment against the President or Vice-President, the President of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan or Censor Yuan may be instituted only upon the proposal of ten or more Members and the indorsement, after due investigation, of one-half or more Members of the entire Yuan.

Article93. When an impeachment is instituted against the President or Vice-President or the President of the Executive Yuan, Legislative Yuan, Judicial Yuan, Examination Yuan or Censor Yuan in accordance with the preceding Article, it shall be brought before the People's Congress. During the adjournment of the People's Congress, the Delegates shall be requested to convene in accordance with law an extraordinary session to decide whether the impeached shall be removed from office.

Article94. Members of the Censor Yuan shall not be held responsible outside of the said Yuan for opinions they may express and votes they may cast while discharging their duties.

Article95. Without the permission of the Censor Yuan, no Member of the Censor Yuan may be arrested or detained except when apprehended inflagrante delicto.

Article96. No Member of the Censor Yuan may concurrently hold any other public office or engage in any business or profession.

Article97. The election of the Members of the Censor Yuan and the organization of the Censor Yuan shall be determined by law.

Article98. In the Province, there shall be a Provincial Government which shall execute the laws and orders ofthe Central Government and supervise local self-government.

Article99. In the Provincial Government there shall be a Governor who shall hold office for a term of three years. He shall be appointed and removed by the Central Government.

Article100. In the province, there shall be a Provincial Assembly which shall be composed of one member from each district or municipality to be elected by the district or municipal council. Members of the Provincial Assembly shall hold office for a term of three years and may be eligible for re-election.

Article101. The organization of the Provincial Government and the Provincial Assembly as well as the election and recall of the Members of the Provincial Assembly shall be determined by law.

Article102. The government of areas not yet established as provinces shall be determined by law.

Article103. The district [hsien] is a unit of local self-government.

Article104. All matters that are local in nature are within the scope of local self-government.

The scope of local self-government shall be determined by law.

Article105. Citizens of the district shall, in accordance with law, exercise the powers of initiative and referendum in matters concerning district self-government as well as the powers of election and recall of the District Magistrate and other elective officials in the service of district self-government.

Article106. In the district, there shall be a District Council, the members of which shall be directly elected by the citizens in the District General Meeting. Members of the District Council shall hold office for a term of three years and may be eligible for re-election.

Article107. District ordinances and regulations which are in conflict with the laws and ordinances of the Central or Provincial Government shall be null and void.

Article108. In the district, there shall be a District Government with a District Magistrate who shall be elected by the citizens in the District General Meeting. The Magistrateshall hold office for a term of three years and may be eligible for re-election.

Only those persons found qualified in the public examinations held by the Central Government or adjudged qualified by the Ministry of Public Service Registration may be candidates for the office of District Magistrate.

Article109. The District Magistrate shall administer the affairs of the district in accordance with the principles of self-government and, under the direction of the Provincial Governor, execute matters assigned by the Central and Provincial Governments.

Article110. The organization of the District Council and District Government as well as the election and recall of the District Magistrate and the Members of the District Council shall be determined by law.

Article111. Unless otherwise provided by law, the provisions governing self-government and administration of the district shall applymutatis mutandisto the municipality [shih].

Article112. In the municipality, there shall be a Municipal Council, the Members of which shall be directly elected by the citizens in the Municipal General Meeting. One-third of the Members shall retire and be replaced by election annually.

Article113. In the municipality, there shall be a Municipal Government with a Mayor to be directly elected by the citizens in the Municipal General Meeting. He shall hold office for a term of three years and may be eligible for re-election.

Only those persons found qualified in the public examinations held by the Central Government or adjudged qualified by the Ministry of Public Service Registration may be a candidate for the office of Mayor.

Article114. The Mayor shall administer the affairs of the municipality in accordance with the principles of municipal self-government and, under direction of the competent supervising authority, execute matters assigned by the Central or Provincial Government.

Article115. The organization of the Municipal Council and Municipal Government as well as the election and recall of the Members of the Municipal Council and the Mayor shall be determined by law.

Article116. The economic system of the Republic of China shall be based upon the Min Shêng Chu I (Principle of Livelihood) and shall aim at national economic sufficiency and equality.

Article117. The land within the territorial limits of the Republic of China belongs to the people as a whole. Any part thereof the ownership of which has been lawfully acquired by an individual or individuals shall be protected by, and subject to, the restrictions of law.

The State may, in accordance with law, tax or expropriate private land on the basis of the value declared by the owner or assessed by the Government.

Every landowner is amenable to the duty of utilizing his land to the fullest extent.

Article118. All subterranean minerals and natural forces which are economically utilizable for public benefit, belong to the State and shall not be affected by private ownership of the land.

Article119. The unearned increment shall be taxed by means of a land-value-increment tax and devoted to public benefit.

Article120. In readjusting the distribution of land, the State shall be guided by the principle of aiding and protecting the land-owning farmers and the land-utilizing owners.

Article121. The State may, in accordance with law, regulate private wealth and enterprises when such wealth and enterprises are considered detrimental to the balanced development of national economic life.

Article122. The State shall encourage, guide and protect the citizens' productive enterprises and the nation's foreign trade.

Article123. All public utilities and enterprises of a monopolistic nature shall be operated by the State; except in case of necessity when the State may specially permit private operation.

The private enterprises mentioned in the preceding paragraph may, in case of emergency for national defense, be temporarily managed by the State. The State may also, in accordance with law, take them over for permanent operation upon payment of due compensation.

Article124. In order to improve the workers' living conditions, increase their productive ability and relieveunemployment, the State shall enforce labor protective policies.

Women and children shall be afforded special protection in accordance with their age and physical condition.

Article125. Labor and capital shall, in accordance with the principles of mutual help and cooperation, develop together productive enterprises.

Article126. In order to promote agricultural development and the welfare of the farming population, the State shall improve rural economic and living conditions and increase farming efficiency by employment of scientific farming.

The State may regulate the production and distribution of agricultural products, in kind and quantity.

Article127. The State shall accord due relief or compensation to those who suffer disability or loss of life in the performance of military or public services.

Article128. The State shall give suitable relief to the aged, feeble, or disabled who are incapable of earning a living.

Article129. While the following powers appertain to the Legislative Yuan in the case of the Central Government, they may be exercised by the legally designated organ if, in accordance with law, such matters may be effected independently by a province, district or municipality:

1. To impose or alter the rate of taxes and levies, fines, penalties, or other imposts of a compulsory nature.2. To raise public loans, dispose of public property or conclude contracts which increase the burden of the public treasury.3. To establish or cancel public enterprises, monopolies, franchises or any other profit-making enterprise.4. To grant or cancel public enterprises, monopolies, franchises or any other special privileges.

1. To impose or alter the rate of taxes and levies, fines, penalties, or other imposts of a compulsory nature.

2. To raise public loans, dispose of public property or conclude contracts which increase the burden of the public treasury.

3. To establish or cancel public enterprises, monopolies, franchises or any other profit-making enterprise.

4. To grant or cancel public enterprises, monopolies, franchises or any other special privileges.

Unless specially authorized by law, the government of a province, district or municipality shall not raise foreign loans or directly utilize foreign capital.

Article130. Within the territorial limits of the Republic of China all goods shall be permitted to circulate freely. They shall not be seized or detained except in accordance with law.

Customs duty is a Central Government revenue. It shall be collected only once when the goods enter or leave the country.

The various grades of government shall not collect anydues on goods in transit within the country, with the exception of tolls levied for the purpose of improving the waterways and roads, on vessels and vehicles making use of them.

The right to impose taxes and levies on goods belongs to the Central Government and shall not be exercised except in accordance with law.

Article131. The educational aim of the Republic of China shall be to develop a national spirit, to cultivate a national morality, to train the people for self-government and to increase their ability to earn a livelihood, and thereby to build up a sound and healthy body of citizens.

Article132. Every citizen of the Republic of China shall have an equal opportunity to receive education.

Article133. All public and private educational institutions in the country shall be subject to State supervision and amenable to the duty of carrying out the educational policies formulated by the State.

Article134. Children between six and twelve years of age are of school age and shall receive elementary education free of tuition. Detailed provisions shall be provided by law.

Article135. All persons over school age who have not received an elementary education shall receive supplementary education free of tuition. Detailed provisions shall be provided by law.

Article136. In establishing universities and technical schools, the State shall give special consideration to the needs of the respective localities so as to afford the people thereof an equal opportunity to receive higher education, thereby hastening a balanced national cultural development.

Article137. Educational appropriations shall constitute no less than fifteen per cent of the total amount of the budget of the Central Government and no less than thirty per cent of the total amount of the provincial, district and municipal budgets respectively. Educational endowment funds independently set aside in accordance with law shall be safeguarded.

Educational expenditures in needy provinces shall be subsidized by the central treasury.

Article138. The State shall encourage and subsidize the following enterprises or citizens:

1. Private educational institutions with a high record of achievement.2. Education for Chinese citizens residing abroad.3. Discoverers or inventors in academic or technical fields.4. Teachers or administrative officers of educational institutions having good records and long service.5. Students of high records and good character who are unable to pursue further studies.

1. Private educational institutions with a high record of achievement.

2. Education for Chinese citizens residing abroad.

3. Discoverers or inventors in academic or technical fields.

4. Teachers or administrative officers of educational institutions having good records and long service.

5. Students of high records and good character who are unable to pursue further studies.

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