During this time, Yuan Shikai preached how the presidential system was beneficial to the country at every opportunity. Whenever he meets people, he complains, because the prime minister system and the parliament have too much power, and he, the president, can't let go of his hands and feet at all.

He often said verbally: "The current system of president, chief minister, and governor is a three-level system, with a total of three generals, which is really too sluggish. ”

When Wang Rongbao, the minister of the Republic of China to Belgium, resigned to Yuan Shikai, he sincerely made a statement to him, asking the president not to implement the presidential system, but to implement the cabinet system.

Wang Rongbao's words were very tactful, he said: "The biggest shortcoming of the presidential system is that the president should bear the brunt of everything, and it is difficult to do things as well as you want today; if the president is in charge of the country, then all grievances will be concentrated in the president, and if the 99 things are done well, if one is not good, it will also be cursed, so it is better to still practice the prime minister system and have room for maneuver." ”

Loyal to the ear, Yuan Shikai couldn't listen to it at all. He playfully said: "Otherwise, the situation of the past year is exactly the opposite of what you said, haven't we always practiced the cabinet system?" But I only heard the voice of asking for Yuan, and I couldn't hear asking Tang (Shaoyi) asking for Lu (Zhengxiang), asking Duan (Qirui) asking for Xiong (Xiling)! ”

Embarking on the road of dictatorship also needs to do some foreshadowing, the so-called famous teacher. There must still be a law, after all, it is a democratic republic. The "Draft Constitution of the Temple of Heaven" has been stillborn, the National Assembly has collapsed, it is no longer possible to formulate a new constitution, and it is impossible to continue to implement the "Provisional Covenant Law".

How did the new covenant come about? Yuan Shikai was inspired by the Senate, which enacted the Provisional Covenant.

After a period of brewing and planning, Yuan Shikai Zheng. On January 26, the third year of the Republic of China, the government promulgated the organizational regulations of the Covenant Conference, and on March 18, the Covenant Conference was formed.

The Covenant is the equivalent of the Senate that drew up the old Provisional Statute, except that the name is not the Senate but the Covenant Council. Sun Yuyun is the speaker, and Shi Yu is the vice speaker.

Yuan Shikai personally presided over the opening of the meeting and delivered a eulogy. The Statute of the Covenant provides that the President may send representatives to attend meetings and to express his views, but not to vote. The resolutions of the Covenant Council may be promulgated into law with the consent of the President.

On March 20, the third year of the Republic of China, Yuan Shikai proposed an amendment to the Covenant Conference.

In this proposal, he divided the "construction of the Republic of China" into two periods, the former period being the period of adding and amending the Covenant Law, and the latter period being the period of formulating the Constitution. His intention was to annul the Provisional Statute and not to produce a constitution, and to legitimize the new Statute as a substitute.

The seven outlines he proposed are:

(1) The President may declare war and make peace and conclude treaties with foreign countries without the consent of the Senate.

(2) The President may make official rules and appoint state officials and foreign envoys without the consent of the Senate.

(3) Implement a presidential system.

(4) The Constitution shall be enacted by the National Assembly other than the National Assembly.

(5) With regard to the deprivation and restoration of citizenship, the President shall be free to do so.

(6) The President shall have the power to make emergency orders.

7. The President shall have the power to dispose of property on an emergency basis.

The Covenant Council put the case on its agenda and submitted it for examination first.

The speaker appointed 15 congressmen, including Ma Liang, Na Yantu, Yan Fu, Wang Yitang, Wang Shaolian, Deng Rong, Wang Pixi, Fu Zengxiang, Xu Shiying, Li Zhanyang, Chen Yingzhou, Guan Mianjun, Zhuang Yunkuan, Zhao Weixi, and Zeng Yijin, as examiners, and the examination was approved.

Then, Yuan Shikai consulted to add the preferential treatment of the house clearance conditions into the covenant.

The speaker of the parliament re-designated 15 members of the parliament, including Bao Xi, Na Yantu, Ngawangen, Dunjiang Quda, Jiegarazeng, Xia Shoutian, Liu Xinyuan, Jia Geng, Yan Tianjun, Wang Shisheng, Wang Zutong, Wang Shupeng, Liang Shiyi, Qiu Tongyu, and Shao Zhang, as examiners. The resolution drafted the first two cases together.

The official name of the new covenant law is the "Republic of China Covenant Law", also known as the Yuan Ji Covenant Law, which was read three times on April 29, the third year of the Republic of China, and was approved by course. It was announced on May 1, the third year of the Republic of China.

The full text is as follows:

country

Article 1 The Republic of China shall be organized by the Chinese people.

Article 2 The sovereignty of the Republic of China rests with the whole people.

Article 3 The territory of the Republic of China shall be subject to all the territories of the former empire.

people

Article 4 The people of the Republic of China are equal in law without distinction of race, class or religion.

Article 5 The right of the people to enjoy the freedoms set forth in the left paragraphs:

A person's body shall not be arrested, detained, interrogated, or punished except in accordance with the law;

2. People's homes shall not be invaded or searched except in accordance with the law;

3. The people have the freedom to retain property and conduct business within the scope of the law;

4. The people shall have freedom of speech, writing, publication, assembly, and association within the limits of the law;

5. The people shall have the freedom to keep their correspondence secret within the limits of the law;

6. The people have the freedom to reside and move within the scope of the law;

7. The people have the freedom to believe in religion within the limits of the law.

Article 6 The people have the right to petition the Legislative Yuan in accordance with the law.

Article 7 The people have the right to bring lawsuits in the courts in accordance with the law.

Article 8 The people shall have the right to petition the administrative office and to the court of peace and administration in accordance with the law.

Article 9 The people shall, in accordance with the provisions of the law, have the right to take examinations for the appointment of officials and to engage in official duties.

Article 10 The people have the right to vote and to be elected in accordance with the law.

Article 11 The people have the obligation to pay taxes in accordance with the law.

Article 12 The people shall have the obligation to perform military service in accordance with the law.

Article 13 The provisions of this Chapter shall apply to military personnel if they do not contradict the laws and disciplines of the Army and Navy.

The Great President

Article 14 The President shall be the head of state and shall have the right to rule.

Article 15 The President represents the Republic of China.

Article 16 The President shall be responsible to the people as a whole.

Article 17: The President convenes the Legislative Yuan and announces the opening, adjournment, and closure of the session. The President dissolves the Legislative Yuan with the consent of the Senate; However, a new member shall be elected and convened within six months from the date of dissolution.

Article 18 The President shall submit bills and budgets to the Legislative Yuan.

Article 19 The President shall issue an order for the purpose of promoting the public welfare, or for the execution of the law, or on the basis of an appointment of the law, and shall make it promulgated; However, the law may not be changed by order.

Article 20 When the President is unable to convene the Legislative Yuan in order to maintain public order or to prevent extraordinary disasters, the President may, with the consent of the Senate, issue a fatwa with the same effect as law. However, it is necessary to request retrospective recognition at the beginning of the next session of the Legislative Yuan.

If the fatwa referred to in the preceding paragraph is denied by the Legislative Yuan, it shall cease to have any effect thereafter.

Article 21: The President formulates official rules and regulations. The President appoints and dismisses civil and military officials.

Article 22 The President declares war and peace.

Article 23 The President shall be the Generalissimo of the Navy and Army, and shall command the Navy and Army of the whole country.

The President fixed the establishment and number of troops of the Navy and Army.

Article 24 The President accepts foreign ambassadors and ministers.

Article 25 The President concludes a treaty. However, the provisions of the Legislative Yuan must be approved for the change of territory or the increase of burdens on the people.

Article 26 The President declares martial law in accordance with the law.

Article 27 The President shall confer knighthoods, medals, and other honors.

Article 28: The President announces amnesty, amnesty, commutation of sentence, and reinstatement; However, amnesty is subject to the consent of the Legislative Yuan.

Article 29 When the President resigns from office for any reason or is unable to take care of the matter, the Vice President shall act in his place.

legislation

Article 30 The legislature shall be organized by the legislators elected by the people.

The organization of the Legislative Yuan and the method of electing its members shall be decided by the Legislative Council.

Article 31 The functions and powers of the Legislative Yuan are as follows:

1. Decide on the law;

2. Resolution of the budget;

3. Resolutions or commitments on the conditions for the raising of public bonds and the burden on the state treasury;

4. Replying to the President's Consultation;

5. Accepting petitions from the people;

6. Submit legal bills;

(7) To give advice on laws and other matters, and to advise the President;

8. Raise political doubts and ask the President for a reply; However, if the President deems it necessary to keep it secret, he may not reply to it;

9. In the event of a conspiracy against the President, a lawsuit for impeachment and robbery shall be filed in the Dali Yuan with the presence of more than four-fifths of the members of the General Council and the decision of more than three-fourths of the members present.

In the case of paragraphs 1 to 8 of the preceding paragraph, and in the case of Articles 20, 25, 28, 55 and 57, the vote shall be taken by a majority of the members present.

Article 32 The duration of the annual session of the Legislative Yuan shall be limited to four months; The President may, however, extend the duration of the session if he deems it necessary, and may convene an extraordinary session during the intersessional period.

Article 33 Meetings of the Legislative Yuan shall be made public; However, at the request of the President or when a majority of the members present may make a decision, it may be kept secret.

Article 34 Bills decided by the Legislative Yuan shall be promulgated and implemented by the President.

When the President denies a bill decided by the Legislative Yuan, he may state his reasons and submit it to the House for reconsideration; If more than two-thirds of the members of the Legislative Yuan are still holding the pre-resolution, and the President considers that there is a major danger to internal and foreign affairs, or that there is a major obstacle to implementation, the President may not announce it with the consent of the Senate.

Article 35 The president and vice chairmen of the Legislative Yuan shall be elected by the members of the Legislative Yuan from among themselves, and those who have obtained more than half of the total number of votes cast shall be elected.

Article 36 Members of the Legislative Yuan shall not be responsible for their speech or vote outside the Legislative Yuan.

Article 37 Members of the Legislative Yuan may not be arrested during the session without the permission of the Legislative Yuan, except for crimes committed in the course of the current session or crimes related to internal strife and external threats.

Article 38 The Legislative Yuan Law shall be determined by the Legislative Yuan itself.

administrative

Article 39 The executive shall be headed by the President, and the Secretary of State shall be the first to praise him.

Article 40 Administrative affairs shall be in the hands of the departments of foreign affairs, internal affairs, finance, army, navy, justice, education, agriculture and commerce, and communications.

Article 41 The chief of each ministry shall be in charge of administrative affairs in accordance with laws and orders.

Article 42 The Secretary of State, the Heads of Ministries and Special Commissioners shall speak in the Legislative Yuan on behalf of the President.

Article 43 When the Secretary of State or the Chiefs of Ministries commits any illegal acts, they shall be subject to the correction of the Suppression of Impeachment by the Suppression of the Government and the trial by the Peace Administration Yuan.

judicature

Article 44 The judiciary shall be organized by judges appointed by the President.

The establishment of the courts and the qualifications of judges shall be determined by law.

Article 45: Courts independently adjudicate civil and criminal proceedings in accordance with law; However, administrative litigation and other special litigation shall be subject to the provisions of this Law.

Article 46 The trial procedures of the Dali Yuan in the case of the impeachment and robbery incident provided for in paragraph 9 of Article 31 shall not be determined by law.

Article 47 The trial of the court shall be made public; However, if he thinks that there is a disturbance to the peace and order, or good morals, he shall keep it secret.

Article 48:Judges must not have their discipline reduced or transferred during their term of office; A person who has not been sentenced to a criminal punishment in accordance with the law or a disciplinary sanction that should be removed from office shall not be dismissed.

Disciplinary rules and regulations shall be determined by law.

Senate

Article 49 The Senate shall, in consultation with the President, deliberate on important government affairs. The Senate shall be organized and decided by the Covenant Council.

accounting

Article 50 The new taxation and the change of the tax rate shall be determined by law. The current tax is still levied if the law has not been changed.

Article 51 The State shall annually pay its revenue in accordance with the budget decided by the Legislative Yuan.

Article 52 Due to special events, a continuation fee may be set for a predetermined number of years in the budget.

Article 53 In order to provide for expenditures that are insufficient or not in the budget, a reserve fund shall be set up in the budget.

Article 54 The expenses listed on the left shall not be abolished or reduced without the consent of the President:

(1) A person who is legally obligated by the State;

2. It is necessary for the provisions of the law;

(iii) necessary for the performance of the treaty;

Necessary for the establishment of the four land and navy.

Article 55 When the Legislative Yuan cannot be convened for the purposes of an international war, war, civil strife, or other extraordinary events, the President may, with the consent of the Senate, impose an emergency financial sanction. However, it is necessary to request retrospective recognition at the beginning of the next session of the Legislative Yuan.

Article 56 When the budget is not established, the budget of the previous year shall be implemented; The same applies when the fiscal year begins and the budget has not yet been agreed.

Article 57 The President shall submit a report to the Legislative Yuan to request a commitment to the final accounts of the State for the annual income and expenditure of the State after it has been examined and approved by the Court of Auditors.

Article 58 The establishment of the Court of Auditors shall be decided by the Covenant Council.

Constitutional process

Article 59:The Constitution of the Republic of China is drafted by the Constitutional Council.

The Constitution Drafting Committee shall be composed of members elected by the Senate. The number of people is limited to ten.

Article 60 The Constitution of the Republic of China shall be examined and approved by the Senate.

Article 61 A bill on the Constitution of the Republic of China shall be submitted by the President to the National Assembly for decision after it has been examined and approved by the Senate.

The organization of the National Assembly shall be decided by the Covenant Council.

Article 62 The National Assembly shall be convened and dissolved by the President.

Supplementary Provisions

Article 64 Before the Constitution of the Republic of China comes into force, the validity of this Constitution and the Constitution.

Laws and regulations in force prior to the implementation of this Convention shall remain in force and effect if they do not conflict with this Convention.

Article 65 The conditions for preferential treatment of the Qing Emperor after his resignation, the conditions for the treatment of the Qing imperial family, and the conditions for the treatment of the Manchu, Mongolian, and Tibetan ethnic groups announced on February 12 of the first year of the Republic of China shall never change their validity.

The conditions of treatment in Mongolia that are related to the conditions of treatment shall continue to be in effect; It cannot be changed except in accordance with the law.

Article 66 This Constitution shall be amended by the President at the suggestion of more than two-thirds of the members of the Legislative Yuan or by the President of the People's Republic of China, and shall be amended by a meeting of the President of the People's Republic of China upon the presence of more than four-fifths of the members of the Legislative Yuan.

Article 67:Before the establishment of the Legislative Yuan, the Senate shall act as its substitute.

Article 68 This Statute shall come into force on the date of promulgation. The provisional Statute promulgated on March 11 of the first year of the Republic of China shall be repealed on the date of the effective date of this Covenant.

The biggest difference between this new covenant and the Provisional Covenant is the expansion of the president's powers.

For example: "The president is the head of state of the Republic of China and has the overall ruling power", "The president is the head of the executive and the secretary of state praises him." The President may confer knighthoods and medals. ”

These regulations not only abolished the state. Business. The House of Ministers and the Prime Minister, and at the same time the Secretary of State, who replaces the Cabinet, becomes an appendage.