Constitution

Taiwan (Republic of China) 1947 Constitution (reviewed 2005)

Table of Contents

CHAPTER XIII. FUNDAMENTAL NATIONAL POLITICS

Section 1. National Defense

Article 137

  1. The national defense of the Republic of China shall have as its objective the safeguarding of national security and the preservation of world peace.
  2. The organization of national defense shall be prescribed by law.

Article 138

The Army, Navy, and Air Force of the nation shall be above personal, regional, and party affiliations and shall be loyal to the State and protect the people.

Article 139

No political party and no individual shall make use of the armed forces as an instrument in the struggle for political power.

Article 140

No person in active military service may concurrently hold a civil office.

Section 2. Foreign Policy

Article 141

The foreign policy of the Republic of China shall, in a spirit of independence and self-reliance and based on the principles of equality and reciprocity, promote friendly relations with other nations and abide by treaties and the Charter of the United Nations so as to protect the rights and interests of Chinese citizens residing abroad, foster international cooperation, advance international justice, and ensure world peace.

Section 3. The National Economy

Article 142

The national economy shall be based on the principle of people’s livelihood and shall seek to bring about an equal distribution of land rights and regulate the use of private capital in order to ensure an equitable distribution of national income and a sufficient livelihood for the people.

Article 143

  1. All land within the territorial limits of the Republic of China shall belong to the entire body of citizens. Private ownership of land, acquired by the people in accordance with the law, shall be protected and limited by law. Privately owned land shall be liable to taxation according to its value and may be purchased by the Government according to its value.
  2. Mineral deposits embedded in the land and natural resources which can be used economically in order to promote the public welfare shall belong to the State, even if ownership of the land may have been acquired by private individuals.
  3. If the value of a piece of land has been increased other than by the efforts of labor or the employment of capital the State shall levy a tax on the increased value the proceeds of which shall benefit the people as a whole.
  4. In the distribution and readjustment of land rights, the State shall, as a rule, assist self-farming land-owners and persons who make use of the land by themselves, and shall also regulate their appropriate areas of operation.

Article 144

Public utilities and other enterprises of a monopolistic nature shall, as a rule, be under public management. In cases determined by law, they may be operated by private citizens.

Article 145

  1. The State shall restrict private wealth and privately operated enterprises if they are deemed detrimental to the balanced development of national wealth and people’s livelihood.
  2. Cooperative enterprises shall receive encouragement and assistance from the State.
  3. Private citizens’ productive enterprises and foreign trade shall receive encouragement, guidance, and protection by the State.

Article 146

The State shall, by the use of scientific techniques, develop water conservancy, increase the productivity of land, improve agricultural conditions, develop agricultural resources, and accelerate the industrialization of agriculture.

Article 147

  1. The Central Government shall extend appropriate financial assistance to the poorer and less productive Provinces, in order to achieve a balanced development of the economy of the various Provinces.
  2. The provincial government shall extend appropriate financial assistance to the poorer and less productive Counties in order to achieve a balanced development of the economy of the various Counties.

Article 148

Within the territory of the Republic of China, all goods shall be permitted to move freely from place to place.

Article 149

Financial institutions shall be subject to State control in accordance with the law.

Article 150

The State shall establish a large number of financial institutions for ordinary people with a view to reducing unemployment.

Article 151

With respect to Chinese citizens residing abroad, the State shall foster and protect the development of their economic enterprises.

Section 4. Social Security

Article 152

The State shall provide suitable opportunities for work to those persons who are able to work.

Article 153

  1. The State shall enact laws and carry out policies for the protection of laborers and farmers in order to improve their livelihood and develop their productive skills.
  2. Special protection shall be provided for women and children engaging in manual labor, in accordance with their age and physical condition.

Article 154

Capital and labor shall, in accordance with the principles of harmony and cooperation, promote the development of productive enterprises. Conciliation and arbitration procedures in disputes between capital and labor shall be regulated by law.

Article 155

The State shall establish a system of social insurance to promote social welfare. To the aged and the physically disabled who are unable to make a living, and to victims of extraordinary calamities, the State shall provide appropriate assistance and relief.

Article 156

The State, in order to consolidate the foundation of national existence and development, shall protect motherhood and carry out a policy for the promotion of the welfare of women and children.

Article 157

The State, in order to improve national health, shall establish extensive services for sanitation and health protection, and a system of public medical care.

Section 5. Education and Culture

Article 158

Education and culture shall aim at the development, among the citizens, of the national spirit, the spirit of self-government, of national morality, a healthy physical condition, scientific knowledge and the ability to earn a living.

Article 159

All citizens shall have an equal opportunity to receive education.

Article 160

  1. All children of school age from six to twelve years shall receive free elementary education. Those from poor families shall be supplied with books by the Government.
  2. All citizens above school age who have not received elementary education shall receive supplementary education free of charge and shall also be supplied with books by the Government.

Article 161

The national, provincial and local governments shall provide a large number of scholarships to assist students of good scholastic standing and exemplary conduct who lack the means to continue their school education.

Article 162

All public and private educational and cultural institutions in the country shall, in accordance with the law, be subject to State supervision.

Article 163

The State shall pay due attention to the balanced development of education in the different regions and shall promote social education in order to raise the cultural standards of the citizens in general. Grants from the National Treasury shall be made to frontier regions and economically poor areas to help them meet their educational and cultural expenses. The Central Government may either itself run the more important educational and cultural enterprises in such regions and areas or provide them with financial assistance.

Article 164

Expenditure for educational programs, scientific studies and cultural services shall not account for less than fifteen percent of the total expenditure in the Central Government’s budget, not for less than twenty-five percent of the total expenditure in the provincial budget; and in respect of the municipal or county government, not for less than thirty-five percent of the total expenditure in the municipal or county budget. Educational and cultural foundations, established in accordance with the law and their property, shall be protected.

Article 165

The State shall safeguard the livelihood of those who work in the fields of education, science and art, and shall, in accordance with the development of the national economy, increase their remuneration from time to time.

Article 166

The State shall encourage scientific discoveries and inventions and shall protect ancient sites and monuments of historical, cultural, or artistic value.

Article 167

The State shall encourage or subsidize the following enterprises or individuals:

  1. Private educational enterprises with an outstanding record;
  2. Overseas Chinese educational enterprises with an outstanding record;
  3. Individuals who have made discoveries or inventions in the fields of learning and technology; and
  4. Individuals who have rendered long and meritorious services in the field of education.

Section 6. The Frontier Regions

Article 168

The State shall accord to the various ethnic groups in the frontier regions legal protection of their status and shall give special assistance to their local self-government activities.

Article 169

The State shall actively undertake and foster the development of education, culture, communications, water conservancy, public health, and other economic and social enterprises among the various ethnic groups in the frontier regions. With respect to land utilization, the State shall, in the light of climatic conditions, nature of the soil, and the life and habits of the people, adopt measures for its protection and assist in its development.