CHAPTER II. RIGHTS AND DUTIES OF THE PEOPLE
Article 7
All citizens of the Republic of China, irrespective of sex, religion, ethnic origin, class, or party affiliation, shall be equal before the law.
Article 8
- Personal freedom shall be guaranteed to the people. Except in case of flagrante delicto, which shall be separately prescribed by law, no person shall be arrested or detained other than by a judicial or police organ in accordance with the procedure prescribed by law. No person shall be tried or punished other than by a court of law in accordance with the procedure prescribed by law. Any arrest, detention, trial, or punishment which is not carried out in accordance with the procedure prescribed by law may be resisted.
- When a person is arrested or detained on suspicion of having committed a crime, the organ making the arrest or detention shall inform him and any relative or friend designated by him in writing of the grounds for his arrest or detention, and shall turn him over to a competent court for trial not later than twenty-four hours after his arrest. The arrested person or any other person may petition the competent court to serve a writ on the organ making the arrest to surrender him within twenty-four hours for trial.
- The court shall not reject the petition referred to in the preceding paragraph, nor shall it order the organ concerned to make an investigation and a report on the arrest before surrendering the person for trial. The organ concerned shall not refuse to comply with, or delay compliance with the writ for surrender.
- When a person is unlawfully arrested or detained by any organ, he or any other person may petition the court to make an investigation. The court shall not reject such a petition and shall, within twenty-four hours, investigate the action taken by the organ concerned and deal with the matter in accordance with law.
Article 9
With the exception of persons on active military duty nobody shall be subject to trial by a military tribunal.
Article 10
The people shall have freedom of residence and of change of residence.
Article 11
The people shall have freedom of speech, teaching, writing, and publication.
Article 12
The people shall have freedom of privacy of correspondence.
Article 13
The people shall have freedom of religious belief.
Article 14
The people shall have freedom of assembly and of association.
Article 15
The right to existence, the right to work, and the right to own property shall be guaranteed to the people.
Article 16
The people shall have the right to present petitions, lodge complaints, and institute legal proceedings.
Article 17
The people shall have the right of election, recall, initiative, and referendum.
Article 18
The people shall have the right to take public examinations and hold public offices.
Article 19
The people shall have the duty to pay taxes in accordance with law.
Article 20
The people shall have the duty to perform military service in accordance with law.
Article 21
The people shall have the right and the duty to receive elementary education.
Article 22
All other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution.
Article 23
All the freedoms and rights enumerated in the preceding articles shall not be restricted by law except such as may be necessary to prevent infringement upon the freedoms of others, to avert an imminent danger, to maintain social order, or to promote public welfare.
Article 24
Any public employee who, in violation of law, infringes upon the freedom or right of any person shall, in addition to being subject to disciplinary measures in accordance with law, be liable to criminal and civil action. The victim may, in accordance with law, claim damages from the State for any injury suffered.
