China's Revolution, 1911-1912: A Historical and Political Record of the Civil WarDingle, Edwin John
History
China's Revolution, 1911-1912: A Historical and Political Record of the Civil War
Dingle, Edwin John
China -- History -- Revolution, 1911-1912
Article 41.--In case Provisional President be impeached by the
National Assembly the judges of the highest court of justice will
elect nine judges to organise a special tribunal to try and decide
the case.
Article 42.--Provisional Vice-President will act for Provisional
President in case Provisional President dies or is unable to attend
to his duties.
_Chapter V. Ministers of State._
Article 43.--Prime Minister and Ministers of Departments are called
Ministers of State.
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Article 44.--Ministers of State assist Provisional President and
share responsibility.
Article 45.--Ministers of State countersign bills proposed, laws
proposed, laws promulgated, and orders issued by Provisional
President.
Article 46.--Ministers of State and their deputies attend and speak
in the National Assembly.
Article 47.--When any Minister of State is impeached by the National
Assembly, the Provisional President should dismiss him, but the case
may be retried by the National Assembly at the request of the
Provisional President.
_Chapter VI. Courts of Justice._
Article 48.--Courts of Justice consist of judges to be appointed by
Provisional President and Minister of Justice. The organisation of
Courts of Justice and qualification of judges will be decided by law.
Article 49.--The Courts of Justice will try and decide cases of civil
litigation and criminal litigation in accordance with law. However,
administrative litigation and other special litigation will be
stipulated by special laws.
Article 50.--The trials and judgments of the Courts of Justice will
be open to the public, but cases which are considered to be against
peace and order may be held _in camera_.
Article 51.--Judges will never be interfered with by any higher
officials in their offices either during a trial or in delivering
judgment, as judges are independent.
Article 52.--Whilst a Judge holds office his salary cannot be
reduced, and his functions cannot be delegated to another. Unless in
accordance with law, he cannot be punished or dismissed or retired.
The regulations for the removal of Judges will be stipulated by
special law.
{220}
_Chapter VII. Annex._
Article 53.--Within ten months of the date of this law being in
force, the Provisional President should convene a National
Convention. The organisation and the measures for election of such
National Convention will be decided by the National Assembly.
Article 54.--The Constitution of the Republic of China will be
decided by the said National Convention, and before the said
Constitution comes into force this law will have the same force as
the Constitution.
Article 55.--This law will be either added to or revised by
three-fourths of the members of the National Assembly present at a
quorum of two-thirds of the whole number, or by three-fourths of the
members present at a quorum of four-fifths of the whole number, when
the same is proposed by the Provisional President.
Public-domain text, read in full here on John Shaqi.
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