Organic Law of the National Government of the Republic of China (1931)

by Nationalist Party of China

I. GENERAL PROVISION

Article 1

The National Government, in pursuance of Article 77 of the Provisional Constitution of the Political Tutelage Period, does hereby enact and ordain the following Organic Law of the National Government of the Republic of China.

II. THE NATIONAL GOVERNMENT

Article 2

The National Government shall exercise the governing powers of the Republic of China.

Article 3

The National Government shall have the supreme command of the land, naval and air forces.

Article 4

The National Government shall have the power to declare war, to negotiate peace, and to conclude treaties.

Article 5

The National Government shall promulgate laws and issue mandates.

Article 6

The National Government shall exercise the power of granting amnesties, pardons,reprieves, and restitution of civic rights.

Article 7

The National Government shall exercise the power of conferring medals and decorations of honor.

Article 8

The National Government shall entrust to the five following Yuan the independent exercise of the five political powers of administration, legislation, judiciary, examination and control:-- the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan.

Each of the aforementioned Yuan may, according to law, issue orders.

Article 9

The National Government may,when it is deemed necessary, set up subordinate organs to be controlled directly by the National Government. The organization of such organs shall be determined by law.

Article 10

The National Government shall have a chairman and from twenty-four to thirty-six state councillors, and each Yuan shall have a president and a vice-president, who shall be selected and appointed by the Central Executive Committee of the Kuomintang.

Article 11

The chairman of the National Government shall be the head of the Republic of China and shall represent the National Government both internally and externally, but he shall have no actual political responsibility.

Article 12

The chairman of the National Government shall not hold any concurrent government post.

Article 13

The chairman of the National Government shall hold office for two years and he may be reappointed for another term, provided, however, that upon the promulgation of a Permanent Constitution a new election shall be held according to law; in case the chairman of the National Government should be unable to perform his duty, the president of the Executive Yuan shall act on his behalf.

Article 14

All mandates of the National Government and orders for the mobilization of military forces shall be issued upon the signature of the chairman of the National Government but they shall not become effective unless countersigned by the presidents of the Yuan and the heads of the ministries concerned.

Article 15

Pending the promulgation of a Permanent Constitution the Executive Yuan, the Legislative Yuan, the Judicial Yuan, the Examination Yuan and the Control Yuan shall each be responsible to the Central Executive Committee of the Kuomintang.

III. THE STATE COUNCIL

Article 16

The State Council shall be composed of the Chairman of the National Government and the State Councillors.

Article 17

All matters which cannot be settled between two or more of the Yuan shall be referred to the meetings of the State Council for decision.

Article 18

The regulations governing the meetings of the State Council shall be separately drawn up.

IV. THE EXECUTIVE YUAN

Article 19

The Executive Yuan shall be the highest executive organ of the National Government.

Article 20

The Executive Yuan shall establish ministries to which shall be entrusted the various executive duties.

The Executive Yuan may appoint commissions to take charge of specified executive matters.

Article 21

The ministries of the Executive Yuan shall each have a minister, a political vice-minister, an administrative vice-minister and the various commissions shall each have a chairman, vice-chairman and a certain number of members.

The ministers of the various ministries and the chairmen of the various commissions shall be appointed or removed, according to law, by the chairman of the National Government at the instance of the president of the Executive Yuan. The political vice-ministers and administrative vice-ministers of the various ministries and the vice-chairmen as well as members of the various commissions shall be appointed or removed, according to law, by the chairman of the National Government at the instance of the president of the Executive Yuan.

Article 22

In case the president of the Executive Yuan is unable to discharge his duties from any cause whatsoever, the vice-president of the said Yuan shall act in his place.

Article 23

The meetings of the Executive Yuan shall be attended by the president and the vice-president of the Executive Yuan, the ministers of the various ministries, and the chairmen of the various commissions, and presided over by the president of the said Yuan.

Article 24

The following_matters shall be decided at the meetings of the Executive Yuan:

(1) Bills to be introduced in the Legislative Yuan.

(2) Budgets to be submitted to the Legislative Yuan.

(3) Amnesties to be submitted to the Legislative Yuan.

(4) Declaration of war and negotiation for peace to be submitted to the Legislative Yuan.

(5) The appointment or dismissal of administrative and judicial officials or above the recommended rank (3rd class).

(6) All matters which cannot be settled between the various ministries and commissions of the Executive Yuan.

(7) Other matters which, according to law or in the opinion of the president of the Executive Yuan, should be decided at the meetings of the said Yuan.

Article 25

All orders and acts of disposition of the Executive Yuan, in order to be effective, shall be countersigned, in respect of those affecting general administrative affairs, by the entire body of ministers, and, in respect of those affecting only one ministry, by the minister concerned.

Article 26

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

V. THE LEGISLATIVE YUAN

Article 27

The Legislative Yuan shall be the highest legislative organ of the National Government.

The Legislative Yuan shall have the power to decide upon the following:-legislation, budgets, amnesties, declaration of war, negotiation for peace, and other important international affairs.

Article 28

In case the president of the Legislative Yuan is unable to discharge his duties from any cause whatsoever, the vice-president of the said Yuan shall actin his place.

Article 29

The presidents of the various Yuan and the ministers of the various ministries may attend the meetings of the Legislative Yuan to offer explanations.

Article 30

The Legislative Yuan shall be composed of from forty-nine to ninety-nine Legislative Members, who shall be appointed and removed, according to law, by the chairman of the National Government at the instance of the president of the Legislative Yuan.

Article 31

The Legislative Members of the Legislative Yuan shall hold office for two years and shall be eligible for reappointment.

Article 32

The Legislative Members of the Legislative Yuan shall not hold any concurrent government posts.

Article 33

The president of the Legislative Yuan shall preside over the meetings of the Legislative Yuan.

Article 34

The organization of the Legislative Yuan shall be determined by law.

VI. THE JUDICIAL YUAN

Article 35

The Judicial Yuan shall be the highest judicial organ of the National Government.

The granting of pardons and reprieves and the restitution of civic rights shall be signed by the chairman of the National Government at the instance, according to law, of the president of the Judicial Yuan.

Article 36

The Judicial Yuan shall establish a Supreme Court, an Administrative Court,and a Commission for the Disciplinary Punishment of Public Functionaries.

Article 37

The president of the Judicial Yuan shall act concurrently as the president of the Supreme Court, and the vice-president of the Judicial Yuan shall act concurrently as the chairman of the Commission for the Disciplinary Punishment of Public Functionaries.

Article 38

The president of the Judicial Yuan may, when it is deemed necessary,personally conduct and dispose of trials at the Administrative Court and the Commission for the Disciplinary Punishment of Public Functionaries.

Article 39

In case the president of the Judicial Yuan is unable to discharge his duties from any cause whatsoever, the vice-president of the said Yuan shall act in his place.

Article 40

The Judicial Yuan may introduce in the Legislative Yuan bills on matters within its own competence.

Article 41

The organization of the Judicial Yuan shall be determined by law.

VII. THE EXAMINATION YUAN

Article 42

The Examination Yuan shall be the highest examination organ of the National Government and shall exercise, according to law, the powers of examination and the determination of qualifications for public service.

Article 43

In case the president of the Examination Yuan is unable to discharge his duties from any cause whatsoever, the vice-president of the said Yuan shall act in his place.

Article 44

The Examination Yuan may introduce in the Legislative Yuan bills on matters within its own competence.

Article 45

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

VIII. THE CONTROL YUAN

Article 46

The Control Yuan shall be the highest supervisory organ of the National Government and shall, according to law, exercise the following powers:

(1) Impeachment.

(2) Auditing.

Article 47

In case the president of the Control Yuan is unable to discharge his duties from any cause whatsoever, the vice-president of the said Yuan shall act in his place.

Article 48

The Control Yuan shall be composed of from twenty-nine to forty-nine Supervisory Members, who shall be appointed and removed, according to law, by the chairman of the National Government at the instance of the president of the Control Yuan.

Article 49

The security of tenure of office of the Supervisory Members of the Control Yuan shall be determined by law.

Article 50

All meetings of the Control Yuan shall be attended by the Supervisory Members of the Control Yuan and presided over by the president of the said Yuan.

Article 51

The Supervisory Members of the Control Yuan shall not hold any concurrent public offices.

Article 52

The Control Yuan may introduce in the Legislative Yuan bills on matters within its own competence.

Article 53

The organization of the Control Yuan shall be determined by law.

IX. ADDITIONAL ARTICLE

Article 54

The present law shall come into force on the day of its promulgation.