Chapter 144: Draft Constitution of the Temple of Heaven
On the same day, Yuan Shikai further telegraphed to the whole country the reason for dissolving the Kuomintang: "The so-called party strategy of the Kuomintang is to seize power in the name of reforming politics. Those who can fulfill their ambitions, although they destroy the country and destroy the species, tea poisons the souls, and they do not hesitate. …… The party calls itself a citizen, but it is against the will of the people by focusing on the remnants of the people,...... Intrigues and tricks emerge one after another, and secret organs are discovered. How can the President tolerate a small number of rioters and ignore the interests of 40,000,000 people? As a last resort, there was an order to dissolve the party. "Because the Kuomintang legislators "distorted and created chaos...... I don't know that there is a country, but I only know that there is a party; I don't know that there is a group, but I know that there is an individual...... Only those who are members of parliament can be disqualified. Yunyun ......"
A party that fought hard and shed blood for democracy and republicanism was thus disbanded under the banner of a democratic republic. One cannot help but be indignant at Yuan Shikai's dictatorship.
However, it was not long before some people of the Kuomintang who had been disbanded by Yuan Shikai turned their heads and killed another party who had been in the same trench as him on the Northern Expedition before they had completely seized power, and thousands of outstanding descendants of the Chinese nation fell in a pool of blood because they fought for the country and the people to live a good life.
Compare them with Yuan Shikai, it seems that Yuan Shikai is much more merciful and humane, because Yuan Shikai did not kill after all.
From Yuan Shikai to some people in the later Kuomintang, when they did bad things, they did it in the name of the people; They will say that they represent the people. I just don't know by what means the people empower them.
After dissolving the Kuomintang, Yuan Shikai thought he had won a plan and thought that he had won a complete victory. In fact, he planted the root of his own failure and dug his own grave.
Tang Shaoyi said that if the Republic of China wants to do well, Yuan Shikai must sincerely cooperate with the Alliance. A very simple truth, if the Kuomintang is an opposition party that restricts, supervises, and resists from time to time, Yuan Shikai may not be able to do the perverse actions later, or even leave a stench for 10,000 years.
Therefore, the dissolution of the Kuomintang is the misfortune of the Kuomintang, and in fact, it is the misfortune of Yuan Shikai.
There is a herd of wild goats in the grassland, which is often attacked by wild wolves on the grassland. In order to protect these cute wild goats, people killed the wild wolves on the grassland. Without the wolf, the wild goat should be able to grow healthily, right? No, the wild goats are becoming more and more frail and sickly, and there is a large decrease. Later, there were people who understood, and wild wolves were introduced into the grassland. In order to survive, the wild goats keep running, but they become stronger.
If different ideas, opinions, and ideas can coexist, or even live in harmony, such a society may be healthier.
After collecting more than 300 certificates and badges from Kuomintang legislators, it was calculated that the members of the two houses still had a quorum and could continue to hold meetings.
Therefore, the military and police were dispatched for the second time to confiscate the badges and certificates of parliamentarians who had previously participated in the League and the Kuomintang but had later been bribed by Yuan to become the Xiangyou Association and the Civic Party. However, the two seizures did not exceed half of the members of both houses.
For the third time, the military and police were dispatched to confiscate the badges and certificates of the parliamentarians who had already declared their independence from the Kuomintang before the "Second Revolution." As a result, the National Assembly could not meet because of the lack of a quorum.
When the Senate and the House of Representatives were in session, Yuan Shikai sent military police to guard the door, holding a list of names, and checking them one by one, and did not allow the disqualified members to enter. As a result, the two chambers could not reach the effective number of the meeting, and the two chambers were paralyzed.
The Constitution Drafting Committee was also dissolved because more than 20 members were disqualified and some resigned.
The demise of the Constitution Drafting Committee means that the "Draft Constitution of the Temple of Heaven" has gone into history.
The "Draft Constitution of the Temple of Heaven" is referred to as the "Constitution of the Temple of Heaven". It was named after the drafting of the Temple of Heaven in Beijing. After the establishment of the first National Assembly after the Xinhai Revolution, the Senate and the House of Representatives each elected 30 people as members of the Constitution Drafting Committee. On October 31 of the same year, the Draft Constitution of the Republic of China was completed.
Full text of the draft constitution of the Temple of Heaven:
(Drafted by the Constitution Drafting Committee of the National Assembly of the Republic of China on October 31, 2nd year)
The Constitution of the Republic of China, in order to carry forward the glory of the country, consolidate the power of the state, promote the welfare of society, and uphold the dignity of humanity, formulated the Constitution, and proclaimed that the whole country will always be respected and unlimited.
Chapter 1 State System
Article 1 The Republic of China will always be a unified democracy.
Chapter 2 Territory
Article 2 The territory of the Republic of China shall be governed by its inherent territory.
The territory and its divisions shall not be changed except by law.
Chapter 3 Nationals
Article 3 Anyone who is a citizen of the Republic of China as defined by law shall be a citizen of the Republic of China.
Article 4 The people of the Republic of China are equal in law, regardless of race, class or religion.
Article 5 The people of the Republic of China shall not be arrested, imprisoned, interrogated or punished except in accordance with the law.
When a person is detained, he or she may, in accordance with the law, apply to the court for a letter of protection and bring it before the court for examination.
Article 6 The residence of the people of the Republic of China shall not be invaded or searched except in accordance with the law.
Article 7 The secrecy of the correspondence of the people of the Republic of China shall not be infringed upon except in accordance with the law.
Article 8 The people of the Republic of China shall have the freedom to choose their residence and occupation without restriction except in accordance with the law.
Article 9 The people of the Republic of China shall have freedom of assembly and association, and shall not be restricted except in accordance with the law.
Article 10 The people of the Republic of China shall have freedom of speech, writing, and publication, and shall not be restricted except by law.
Article 11 The people of the Republic of China have the freedom to believe in religion and are not restricted except by law.
Article 12 The ownership of property of the people of the Republic of China shall not be infringed upon, but the punishment shall be in accordance with the provisions of the law if it is necessary for the public interest.
Article 13 The people of the Republic of China shall have the right to bring lawsuits in the courts in accordance with the law.
Article 14 The people of the Republic of China shall have the right to petition and present their complaints in accordance with the law.
Article 15 The people of the Republic of China shall have the right to vote and to be elected in accordance with the law.
Article 16 The people of the Republic of China shall have the right to engage in public office in accordance with the law.
Article 17 The people of the Republic of China shall have the obligation to pay taxes in accordance with the law.
Article 18 The people of the Republic of China shall have the obligation to perform military service in accordance with the law.
Article 19 The people of the Republic of China shall have the obligation to receive primary education in accordance with the law.
National education is based on the Tao of Confucius.
Chapter IV Congress
Article 20 The legislative power of the Republic of China shall be exercised by the National Assembly.
Article 21 The National Assembly shall consist of the Senate and the House of Representatives.
Article 22 The House of Councillors shall be composed of members elected by the highest local councils and other electoral bodies as prescribed by law.
Article 23 The House of Representatives shall be composed of members elected in proportion to the population of each electoral district.
Article 24 The election of members of the two houses shall be determined by law.
Article 25 No one may be a member of both houses at the same time.
Article 26 Members of the two houses may not concurrently serve as civil and military officials, except for state officials.
Article 27 The qualifications of the members of the two chambers shall be examined and examined by each chamber on its own.
Article 28 The term of office of the members of the Senate shall be six years, and one-third shall be re-elected every two years.
Article 29 Members of the House of Representatives shall be appointed for a term of three years.
Article 30 Each of the two chambers shall have a president and a vice-chairperson, who shall be elected by the members of the two chambers.
Article 31 The National Assembly shall assemble, convene and close on its own, but the President shall assemble it on an ad hoc basis.
Article 32 The National Assembly shall meet for a period of four months, which may be extended.
Article 33 The regular session of the National Assembly shall meet on March 1 of each year.
Article 34 The assembly of an extraordinary session of the National Assembly shall be carried out in one of the following circumstances:
1. The members of each House shall have a request of more than one-third;
(2) Requests from congressional committees;
3. ** deemed necessary.
Article 35 The opening and closing of the National Assembly shall be conducted by both houses at the same time.
When one House is adjourned, both houses are adjourned at the same time.
When the House of Representatives is dissolved, the Senate does so at the same time.
Article 36 The proceedings of the National Assembly shall be conducted separately by the two chambers. The same bill may not be introduced in both houses at the same time.
Article 37 No meeting shall be held in the two chambers unless more than half of the total number of members of each chamber is present.
Article 38 The proceedings of the two chambers shall be decided by the consent of a majority of the non-voting members. Whether or not there is a tie depends on the Speaker.
Article 39 The decisions of the National Assembly shall be made by unanimity of both houses. Motions vetoed by the First House may not be raised again during the same session.
Article 40 The proceedings of the two chambers shall be open to the public, but may be governed by government. The request of the government or the secret of the house meeting.
Article 41 When the House of Representatives finds that the President or Vice President has committed treason, it may impeach the President or Vice President with the consent of more than two-thirds of the total number of members present and two-thirds or more of the members present.
Article 42 When the House of Representatives finds that a state official has committed an offence, it may impeach him with the consent of more than two-thirds of the members present.
Article 43 The House of Representatives may make a resolution of no confidence in a member of State.
The resolution in the preceding paragraph shall be made by the consent of a majority of the members present by a vote.
Article 44 The Senate tries the impeached President, Vice President, and State Officer.
The trial referred to in the preceding paragraph shall not be judged guilty or illegal without the consent of more than two-thirds of the members present.
In the event of a verdict of guilt against the President or Vice-President, he shall be dismissed from office and sentenced by the Supreme Court.
If a state official is found to have violated the law, he shall be deprived of his office, and his public power shall be deprived of him/her, and if he is found guilty of any remaining crimes, he shall be brought to court for trial.
Article 45 The two chambers may each make a recommendation to **.
Article 46 Each of the two chambers shall accept the petitions of the citizens.
Article 47 Members of both chambers may submit a written question to the State Officer, or request him to appear before the House for questioning.
Article 48 Members of the House of Representatives shall not be responsible for their speech or vote outside the House.
Article 49 Members of both Houses of Parliament shall not be arrested or placed under surveillance except for active offenders, without the permission of their respective chambers or committees of the National Assembly.
When a member of both Houses is arrested for an active offense, he or she shall report the reasons to each House or National Committee.
Article 50 The annual fees and other public expenses of the members of the two houses shall be determined by law.
Chapter V Congressional Committees
Article 51 A National Assembly Committee shall be constituted by 20 members elected from among the members of each House of Parliament before the adjournment of the regular session of the National Assembly each year.
Article 52 The deliberations of a National Assembly committee shall be decided by the presence of more than two-thirds of the total number of members and the consent of more than two-thirds of the non-voting members.
Article 53 When the National Assembly is not in session, in addition to exercising the functions and powers provided for in this article, the National Assembly committees may receive petitions and make suggestions and questions.
Article 54 A committee of the National Assembly shall report the matter at the beginning of the session of the National Assembly.
Chapter VI The Great President
Article 55 The executive power of the Republic of China shall be exercised by the President with the praise of a state official.
Article 56 The people of the Republic of China, who fully enjoy public powers, who have reached the age of 40 and who have resided in the Republic of China for more than 10 years, may be elected president.
Article 57 The President shall be elected by the members of the National Assembly at a presidential election meeting.
In the election referred to in the preceding paragraph, the election shall be held by secret ballot by secret ballot of more than two-thirds of the total number of voters, but if no one is elected in two ballots, the second time the candidate who receives a greater number of votes shall be elected, and the candidate who obtains more than half of the votes cast shall be elected.
Article 58 The term of office of the President shall be five years, and if he is re-elected, he may be re-elected once. Three months before the expiration of the President's term of office, the members of Congress shall assemble themselves to organize a presidential election meeting to elect the next President.
Article 59 When the President takes office, he shall take the oath of the left column: "I swear to be sincere, to abide by the Constitution, to perform the duties of the President, and to swear an oath." ”
Article 60 In the event of an absence from office, the Vice President shall succeed him until the expiration of his term of office as President.
If the President is unable to perform his duties for any reason, he shall be represented by the Vice President.
The vice president is absent at the same time by the state. Business. The hospital is responsible for its duties. At the same time, the members of the National Assembly will meet on their own within three months to organize a presidential election and elect the next president.
Article 61 The President shall be dismissed from office on the date of expiration of his term of office, and if the second President has not yet been elected, or has not taken office after being elected, and the second Vice President is not able to act as his deputy, the State Council shall take over his duties.
Article 62 The election of the Vice-President shall be held at the same time as the election of the President in accordance with the provisions on the election of the President. However, in the event of a vacancy for the office of the Vice-President, a by-election shall be made.
Article 63 The President promulgates laws and supervises their implementation.
Article 64 The President may issue orders for the execution of laws or for the purpose of appointing appointments in accordance with laws.
Article 65 When the President is unable to convene the National Assembly in order to maintain public order or to defend against an extraordinary calamity, the President may, by resolution of a committee of the National Assembly, issue a fatwa with the same effect as a law on the joint and several liability of the members of the State.
The fatwa in the preceding paragraph shall be confirmed by a request for recognition within seven days after the second session of the National Assembly, and if the National Assembly denies it, it shall lose its validity.
Article 66 The President appoints and dismisses civil and military officials, but where there are special provisions in the Constitution and laws, those provisions shall be followed.
Article 67 The President shall be the Generalissimo of the Army and Navy of the Republic of China, and shall command the Army and Navy. The establishment of the army and navy shall be determined by law.
Article 68 The President shall be the representative of the Republic of China to foreign countries.
Article 69 The President may, with the consent of the National Assembly, declare war, but in the case of defending against a foreign attack, he may request the approval of the National Assembly after the declaration of war.
Article 70 The President shall conclude a treaty, but a treaty of peace and a treaty concerning legislative matters shall not enter into force without the consent of the National Assembly.
Article 71 The President may declare martial law in accordance with the law, but the National Assembly Committee shall declare the lifting of martial law if it deems it necessary that there is no need for martial law.
Article 72 The President shall confer a ceremony of honor.
Article 73 The President may, with the consent of the Supreme Court, pronounce a sentence of dismissal, commutation of sentence, or reinstatement, but the judgment on impeachment shall not be a declaration of reinstatement without the consent of the National Assembly.
Article 74 The President may suspend a session of the House of Representatives or the Senate, but not more than two times per session; The period shall not exceed 10 days at a time.
Article 75 The President may dissolve the House of Representatives with the consent of more than two-thirds of the members present in the Senate, but the same session shall not be dissolved for the second time. When the President dissolves the House of Representatives, he shall immediately call an election and continue to meet regularly for a period of five months.
Article 76 The President shall not be subject to criminal prosecution except for the crime of treason, except after being dismissed.
Article 77 The salaries of the President and Vice President shall be determined by law.
Chapter VII State Council
Article 78 The State Council shall be organized by state officials.
Article 79 The Prime Minister and the Heads of Ministries shall be State Ministers.
Article 80 The appointment of the Prime Minister shall be subject to the consent of the House of Representatives.
When a vacancy occurs between sessions of the National Assembly, the President may be appointed acting by the consent of a National Assembly committee.
Article 81 The President of the State Council is responsible to the House of Representatives.
Orders issued by the President and other documents relating to state affairs shall not take effect unless they have been countersigned by the State Officer.
Article 82 When a State officer is subjected to a resolution of no confidence, the President shall dissolve the House of Representatives without dissolving the House of Representatives in accordance with Article 75.
Article 83 A State Clerk may attend and speak as an observer at the two Houses of Parliament, but may act as a member of the Committee for the purpose of explaining a proposal.
The members of the preceding paragraph shall be appointed by the President.
Chapter VIII Courts
Article 84 The judicial power of the Republic of China shall be exercised by the courts.
Article 85 The establishment of courts and the qualifications of judges shall be determined by law.
Article 86:Courts accept all civil, criminal, administrative, and all other litigation in accordance with law, except where the Constitution and laws have special provisions.
Article 87 The trial of the court shall be made public, but those who are found to be obstructing public security or related to morals may be kept secret.
Article 88:Judges must not interfere with independent adjudication, no matter who they are.
Article 89:During their term of office, judges must not be commuted, suspended, or transferred except in accordance with law.
During their term of office, judges must not be removed from office unless they are subject to a criminal punishment or disciplinary sanction, except when the court establishment and judges' qualifications are revised.
The disciplinary punishment of the judge shall be determined by law.
Chapter IX Law
Article 90 Members of the two chambers and members of each house may propose bills, but if they are vetoed by one chamber, they shall not be introduced again during the same session.
Article 91 The President shall promulgate bills approved by the National Assembly within 15 days after they are served.
Article 92 If the President denies a bill passed by the National Assembly, he may, within the promulgation period, state the reasons and request a reconsideration, and if more than two-thirds of the members of each House are still in charge, the bill shall be promulgated immediately.
A bill that has not been reconsidered becomes law after the time limit for publication has expired, except when the National Assembly is closed or the House of Representatives is dissolved upon the expiration of the publication period.
Article 93 Laws may not be changed or repealed except by law.
Article 94: Where laws conflict with the Constitution, they are null and void.
Chapter 10 Accounting
Article 95 The new taxation and the change of the tax rate shall be determined by law.
Article 96 The current tax shall still be levied without any change in the law.
Article 97 The collection of treasury bonds and the conclusion of contracts to increase the burden on the national treasury shall be approved by the National Assembly.
Article 98 The State shall compile a budget every year and submit it to the House of Representatives within 15 days after the National Assembly convenes.
The Senate shall seek the consent of the House of Representatives when amending or vetoing a budget passed by the House of Representatives, and if it fails to do so, the original resolution shall become the budget.
Article 99 ** For special undertakings, it may be within the budget, set a predetermined number of years, and set a continuation fee.
Article 100** A reserve fund may be set up in the budget for insufficient or unbudgeted provisions. The expenditure of the reserve fee shall be requested by the House of Representatives for approval in the next session.
The expenditures of the items listed in the left section of Article 101 shall not be repealed or reduced by the National Assembly without the consent of **:
(1) Those who are legally obligated by the State;
(ii) Necessary for the performance of the treaty;
3. Where it is necessary for the provisions of the law;
4. Continuation fee.
Article 102 The National Assembly shall not increase the budget for the purpose of increasing the expenditure.
Article 103 At the beginning of the fiscal year, when the budget has not been established, the budget shall be implemented according to one-twelfth of the budget of the previous year every month.
Article 104 In the event that the Diet cannot be convened for the purpose of a foreign war or civil strife, it shall be subject to a decision of the National Assembly Committee and may be subject to an emergency financial disposition.
However, within seven days of the opening of the National Assembly, the House of Representatives must be asked to posthumously approve it.
Article 105 An order for the payment of state income shall be approved by the Court of Auditors.
Article 106 The final accounts of the state revenue shall be examined and approved by the Court of Auditors every year and shall be reported to the National Assembly.
If the House of Representatives denies the final accounts, the State Clerk shall be held responsible.
Article 107 The Court of Auditors shall be organized by auditors elected by the Senate.
The term of office of the auditor is nine years, with one-half re-election at each three-year term. The election and appointment of auditors shall be determined by law.
Article 108 The Court of Audit shall have a president, who shall be elected by the auditors from among themselves. The report of the President of the Court of Auditors on the final accounts may be present and sent by the two courts.
Chapter XI: Constitutional Amendments and Interpretations
Article 109 The National Assembly may propose amendments to the Constitution.
The proposal in the preceding paragraph shall not be sustained without the consent of more than two-thirds of the members of each House of Representatives.
Members of both Houses shall not be a proposal to amend the Constitution unless they are co-signed by more than one-fourth of the total number of members of each House.
Article 110 Amendments to the Constitution shall be enacted by the Constitutional Assembly.
Article 11 The national system shall not be the subject of amendment.
Article 112: When there is any doubt about the Constitution, it shall be interpreted by the Constitutional Assembly.
Article 113 The Constitutional Assembly shall be organized by the members of the National Assembly.
Compared with the Provisional Constitution, this draft constitution significantly expands the powers of the president (such as stipulating that the president has the power to issue strict orders, etc.), but Yuan Shikai still cannot accept it. What's more, the draft constitution has clear provisions on the term of office of the president, how can a person like Yuan Shikai be subject to the term limit?