Volume 7 Unification of Jiangshan Volume Chapter 9 The President of the Ming Dynasty Delegates Power
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What the chapter later revealed is concerns about the future. If North China can give him a level of acceptance, then peaceful reunification will become a natural thing. When the question is, what kind of expression does Zhao Gang have to make these people willingly hand over the rights in their hands?
In 201899, Northern China issued a draft constitution and handed it over to people of all walks of life in China for discussion.
"Draft Constitution of the Republic of China"
Our people, in order to establish a more complete republic, establish justice, guarantee domestic peace, provide common defense, promote public welfare, and allow ourselves and future generations to enjoy the freedom and happiness.
The
The first paragraph. All legislative powers granted by the law belong to the People's Congress of the Republic composed of the National People's Congress and the People's Congress of various provinces.
Paragraph 2: Electors in individual provinces must have the qualifications necessary for the largest number of electors in the provincial parliament.
Anyone who is under the age of twenty-five and who has become a citizen of the Republic for less than seven years and is not a resident of a province when he is elected, shall not serve as a member of the National People's Congress.
[The quota of general members and direct taxes are distributed in the provinces that can be included in the Republic according to their respective population ratios. The population of each province shall be determined by the census base. The census statistics shall be carried out within three years after the first meeting of the National People's Congress of the Republic and within ten years thereafter. The number of members of the National People's Congress elected for every 300,000 people shall not exceed one, but each province must have at least five members of the National People's Congress;
When a vacancy occurs in any province's representative. The province shall issue an election order to fill the vacancy.
The people's congresses of each province elect technical officials of the province and have the right to appoint and remove them alone.
The third paragraph is completed, with a term of five years; each National People's Congress member has one vote.
When the National People's Congress legislators meet after the first election, they are immediately divided into five groups with the same number as possible. The first group of NPC parliament seats are vacant at the end of the second year, the second group of NPC parliament seats are vacant at the end of the third year, and the third group of NPC parliament seats are vacant at the end of the fourth year, so that one-fifth of NPC parliament members can be re-elected once a year. During the recess of any provincial and provincial parliament, if a vacant abundance occurs due to resignation or other reasons, the provincial chief executive may appoint a temporary NPC member before the next meeting of the provincial parliament fills this vacant.
Anyone who is under the age of thirty, who has been a citizen of the Republic for less than nine years and is not a resident of a province when he is elected, shall not serve as a member of the National People's Congress.
When the President of the Republic serves as the Speaker of the National People's Congress, he can directly deny the National People's Congress bill, but he cannot propose new bills. New bills can only be proposed by the National People's Congress.
The National People's Congress elects other officials of this House and elects an interim Speaker when the president is absent or exercises the powers of the president of the Republic.
The National People's Congress alone has the power to trial all impeachment cases other than the president. When the trial is held for this purpose, all members of the National People's Congress must take an oath or make a declaration of oath. When the vice president of the Republic is on trial, the Chief Justice of the Supreme Court presides over the trial. No one is allowed to be convicted without the consent of two-thirds of the members attending the National People's Congress.
The judgment in the impeachment case shall not exceed the qualifications of dismissal and deprivation of any position under the Republic who holds honor, responsibility or pay. However, the convicted person may still prosecute, trial, judgment and punishment in accordance with the law.
Paragraph 4: Each province is stipulated by the provincial parliament. However, except for the location where members of the National People's Congress are elected, the National People's Congress may formulate or change such provisions at any time by law.
The National People's Congress will meet at least once a year. Unless the National People's Congress sets a date set by law, the meeting will be held on the first Monday of March.
Paragraph 5 is the election, election results report and qualification referee of members of this House. More than half of the members of the Standing Court of the National People's Congress constitute the quorum for the deliberation; but if the quorum is less than the quorum, they must be adjourned daily and have the right to force absentee members to attend the meeting in accordance with the methods and penalties stipulated by the Standing Court of the National People's Congress.
The Standing Court of the National People's Congress may stipulate the rules of procedure of this House. Punish the acts of disturbing order by members of this House, and expel members of the parliament with the consent of two or two members.
The Standing Court of the National People's Congress shall have minutes of meetings and shall be published from time to time, except for the parts it believes need to be kept confidential. The votes of votes in favor and against any issue by members of the Standing Court of the National People's Congress shall be recorded in the minutes at the request of one-fifth of the members attending the meeting.
During the National People's Congress meeting, no hospital shall be adjourned for more than three days without the consent of the other hospital, nor shall it be adjourned anywhere other than the meeting place of the two hospitals.
The sixth law is determined and paid by the treasury of the Republic. They enjoy in all circumstances the privilege of not being arrested during the meetings of their respective Houses and on their way to and from their respective Houses. They shall not be challenged anywhere else for speeches or debates delivered in their respective Houses.
Members of the National People's Congress or members of the National People's Congress shall not be appointed to hold any civilian position under the jurisdiction of the Republic during their elected term. Anyone who serves under the Republic shall not serve as a member of any House of Assembly during his or her continued office.
The seventh paragraph, like the bill, proposes or agrees to the amendment.
Each bill passed by the provincial people's congress and the National People's Congress must be submitted to the President of the Republic before becoming law. If the president approves the bill, it shall sign it; if not approves, the bill and his objections shall be returned to the House where the proposal was originally proposed. The House shall see this objection in detail in the minutes of the meeting of this House and review it. If it is reviewed, two-thirds of the members of the House agree to pass the bill. The bill together with the objections shall be submitted to another House, and the same shall be reviewed by the House.
Two-thirds of the members agree that the bill becomes law. However, in all such cases, the votes of both houses are determined by a vote of yes and twelves; the names of the members who voted in favor and twelves on the bill shall be recorded in the minutes of each House of Assembly. If any bill is not returned by the President within ten days after being sent to the President (except on Sunday), the bill becomes law as if the President had signed it, unless the bill cannot be returned due to the recession of the National People's Congress, in this case, the bill cannot be law.
Each order, resolution or vote (except for the issue of adjournment), must be agreed upon by the National People's Congress and the Provincial People's Congress,,
If the president does not approve it, it will be re-approved by the National People's Congress and two-thirds of the members of the People's Congress of each province in accordance with the regulations stipulated in the bill.
Article 8
Direct taxes, import taxes, donations and other taxes are stipulated and collected to repay national debts and provide common defense and public welfare of the Republic, but all import taxes, donations and other taxes shall be unified nationwide; no one shall obstruct this right under any pretext.
borrow from the Republic's credit;
Control commerce between foreign countries, provinces and uncivilized tribes;
Formulate the national unified naturalization regulations and bankruptcy laws of the Republic;
Mint currency. Determine the value of the domestic and foreign currencies and determine the standards of weights and measures;
Regulations on the forgery of Republic securities and common currency penalties;
Establish a post office and build postal roads;
Protect the exclusive rights of writers and inventors to their respective works and inventions within a limited period to promote the advancement of science and technology;
Establish a court lower than the Supreme Court;
Define and punish piracy and felony crimes committed on the high seas and crimes against international law;
Declare war, issue permits for captivity of enemy ships. Formulate regulations on land and water capture;
Formulate regulations on the governance and management of the army and the navy (this regulation is only valid in peacetime);
Provisions on the recruitment of militias to enforce Republican laws, suppress rebellions and repel invasions;
It stipulates the organization, equipment and training of militias, and stipulates the management of militias in the service areas of the Republic, but the appointment of militia officers and the training of militias power in accordance with the regulations stipulated by the National People's Congress. It is retained by the president and accepted by the president during wartime;
In any case, the exclusive legislative power shall be exercised for areas transferred to republics by certain provinces, which shall be accepted by the National People's Congress, in any case; for all places purchased by the Republic in that province for the construction of fortresses, ammunition depots, arsenals, docks and other necessary buildings, and for all laws necessary and appropriate for the exercise of the powers mentioned above and all other powers granted by this Constitution to the Government of the Republic or any department or officer of the Republic.
Article 9
No poll tax or other direct tax shall be levied except for the census or statistics proportions stipulated in this Constitution.
No tax shall be imposed on goods exported from any province.
No commercial or taxation regulations shall be given preferential treatment to ports in a province over ports in another province; ships leading to or out of a province shall not be forced to enter, leave or pay taxes in another province.
Except for funding as stipulated by law, funds shall not be withdrawn from the state treasury. All periodic reports and accounts of public funds receipts and expenditures shall be announced regularly.
The Republic may grant nobility titles. Any person who holds any position under the Republic with salary or responsibility may, with the consent of the National People's Congress, accept any gift, salary, official position or any title of any king, monarch or foreign country.
Article 10: Issuing permits for enemy ships; minting currency; issuing paper money; using any item other than gold and silver coins as currency for repaying debts; passing any civil rights deprivation bill, retrospective law or law that damages contractual obligations; or granting any noble title.
No province shall impose any tax on imported goods or export goods without the consent of the National People's Congress, except as absolutely necessary to implement the inspection laws of this province. The net income of all taxes levied on imported goods or export goods is for the use of the treasury of the Republic; all such laws are amended and controlled by the National People's Congress.
No province shall impose any ship tonnage tax without the consent of the National People's Congress, and shall not maintain military or warships in peacetime. No agreement or covenant shall be concluded with other provinces or foreign countries, otherwise it shall be deemed to be rebellious.
The
Paragraph 1: Eight years, the term of office of the vice president is the same. The president and the vice president are elected in the following ways; each province selects several electors in accordance with the method set by the provincial parliament, and the number of them is equal to the total number of members of the National People's Congress and members of the National People's Congress that the province should have in the National People's Congress. However, members of the National People's Congress or members of the National People's Congress, or those who hold responsible or paid positions under the Republic shall not be elected as electors.
The electors gather in their respective provinces and vote for two people. At least one of them is not a resident of the electorate's province. The elector must make a list, specifying the number of votes received by all the electors and each person; sign and testify on the list, send the sealed list to the seat of the government of the Republic and submit it to the Speaker of the National People's Congress for collection. The Speaker of the National People's Congress will dismantle all certificates in front of all the members of the National People's Congress and the people's congresses of each province, and then calculate the number of votes. If the person who receives the most votes exceeds half of the total number of electors, he is the president. If more than one person obtains such a majority of such votes and receives equal votes, the People's Congress of each province
One of them should be voted immediately as president. If no one receives more than half of the votes; the court should elect one of the five people who receive the most votes on the list in the same way as the president. However, when electing the president, the votes are counted in provinces, and each provincial representative has one vote. Two-thirds of the provinces have one or more National People's Congress members to attend, which constitutes the quorum for the election of the president. More than half of all provinces are required to elect the president. In each case, after the president is elected, the person who receives the most electoral votes is the vice president. However, if two or more people get equal votes, the National People's Congress should vote to elect one of them as vice president.
The National People's Congress shall determine the time for electors to be elected and the date of voting for electors. This date shall be the same day in the entire Republic.
No one shall be elected president except for being a citizen of the Republic or who is already a citizen of the Republic at the time of this Constitution; no one who is under twenty-five years old and who lives in the territory of the Republic for less than twenty years shall be elected president.
If a president is dismissed, died, resigned or lost the ability to perform presidential powers and responsibilities, the presidency shall be transferred to the vice president. The National People's Congress may stipulate by law that when both the president and the vice president are dismissed, died, resigned or lost the ability to serve, an official who should be represented by the president. The official shall act as the president until the president regains his or her ability to serve or the new president is elected.
The President shall receive remuneration for services at the prescribed time. Such remuneration shall not increase or decrease during his term of office as president. The President shall not accept any other salary from the Republic or any province during his term of office.
Before starting the execution of his duties, the President shall make the following oath or declaration: "I solemnly take an oath (or declaration) and I will faithfully carry out the presidency of the Republic, and
safeguard, protect and defend the Constitution of the Republic”.
The Commander-in-Chief of the Second Section. He has the right to ask each chief of the executive to submit written opinions on any matters related to their respective duties. He has the right to issue probation and pardon orders for crimes endangering the Republic, but treasons are not included.
The President has the right to consent to the treaty after consulting the National People's Congress and obtaining his consent, but must be approved by two-thirds of the members attending the National People's Congress. He nominated and obtained his consent to the appointment of ambassadors, ministers and consuls, judges of the Supreme Court and all other officials of the Republic as stipulated by law, which shall be stipulated by law, but the National People's Congress considers it appropriate, the law shall grant the right to appoint such low-level officials to the President, the court or ministers of each department.
The President has the right to appoint personnel to fill possible official vacancies during the recess of the National People's Congress, and this appointment expires at the end of the next session of the National People's Congress.
Paragraph 3 He considers necessary and proper measures for consideration by the National People's Congress. In extraordinary circumstances, he has the right to convene meetings between the two houses or any one of the houses. If the two houses have differences of opinion on the recession time, he may revise the two houses until the time he thinks appropriate. He shall receive the ambassador and ambassador. He shall be responsible for the practical implementation of the law and appoint all officials of the Republic.
Paragraph 4.. When impeached and convicted of other felony and misdemeanors, they shall be removed from office.
The
The first
Paragraph 2. Including: all cases of common law and equitable arising from this Constitution, the laws of the Republic and treaties concluded or to be concluded under the powers of the Republic; all cases involving ambassadors, ministers and consuls; all cases regarding maritime law and maritime jurisdiction; lawsuits of the Republic as a party; lawsuits between two or more provinces; lawsuits between citizens of one province and another province; lawsuits between citizens of different provinces; lawsuits between citizens of the same province against ownership of land assigned to different provinces; lawsuits between citizens of a province or its citizens and foreign or foreign citizens or nationals.
In all cases involving ambassadors, ministers and consuls, and one province is a party, the Supreme Court has first instance jurisdiction. For all other cases mentioned above, whether legally or in fact, the Supreme Court has appeal jurisdiction, provided that exceptions and rules stipulated by the National People's Congress must be in accordance with the exceptions and regulations.
Except for impeachment cases, all crimes shall be tried by a jury; such trials shall be held in the province where the crime occurred; but if the crime does not occur in any province, the trials shall be held in one or several places stipulated by law by the National People's Congress.
The third paragraph gives his enemies aid and encouragement. Whoever, except on testimony of the same obvious conduct or confession in public court shall not be convicted of treason.
The National People's Congress has the right to declare punishment for treason.
The
The first paragraph. Subject trust and respect. The National People's Congress is able to provide general laws to prove and have the effect of such laws, case files and judicial procedures.
The second
When a person accused of treason, felony or other offences escapes the law and is found in another province, he shall be handed over according to the administrative request of the province where he fled, so as to be sent to a province with jurisdiction over the crime.
A person who is required to serve or work in the province under the laws of a province shall not be exempted from such labor or work due to laws or regulations of another province. He shall be handed over at the request of the parties entitled to such labor or work.
The third paragraph shall form or establish a new province within the jurisdiction; two or more provinces or part of several provinces shall not be merged into a new province without the consent of the relevant provincial parliament and the National People's Congress.
The National People's Congress has the right to dispose of and formulate all necessary regulations and regulations regarding territory or other property belonging to the Republic. No interpretation shall be made on any rights of this Constitution that degrades any rights of the Republic or any province.
The fourth paragraph shall be quelled at the request of the Provincial Parliament or the Provincial Chief Executive (at the Provincial Parliament +).
The
When two thirds of the members of the two houses deem necessary, they shall propose amendments to this Constitution, or convene a constitutional conference at the request of two thirds of the provincial parliaments of each province to propose amendments. No matter which amendment is proposed, it shall actually become part of this Constitution by the approval of three quarters of the provincial parliaments or three quarters of the provincial constitutional conference of each province, that is, it shall actually become part of this Constitution; the recommendations of the National People's Congress shall be made by the National People's Congress. However, the amendments formulated before 1,808 shall not affect any form of Article 1, Paragraph 9, Items 1 and 4 of this Constitution; no province shall be deprived of its right to equal voting in the National People's Congress without its consent.
The
All debts and obligations undertaking before this Constitution shall be as effective as the Republic that enforces this Constitution as the Constitution shall be in the Confederate period.
This Constitution and the laws of the Republic formulated in accordance with this Constitution, and all treaties concluded or to be concluded under the power of the Republic, are the highest laws of the country; judges of each province shall be bound by them, even if there is any conflict with the constitution and laws of the province.
The above-mentioned members of the National People's Congress and members of the National People's Congress, members of the Provincial Parliament of each province, and all administrative and judicial officials of the Republic and each province shall take an oath or make an oath declaration to support this Constitution; but religious beliefs shall never be used as a necessary qualification to hold any official position or public office under the Republic.
This constitution gave up a powerful emperor role, but instead used a president whose power was greatly weakened, delegated most of the power to the provincial people's congress, retaining only military power, greatly alleviating the suspicion of southern provinces. Yunnan, Guizhou and other places immediately began to respond and support the new constitution, and the Southern Union, which was not very consistent, had cracks.
Chapter completed!