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Laws and Regulations

THE ADDITIONAL ARTICLES OF THE CONSTITUTION OF THE REPUBLIC OF CHINA
更新時間:2015/01/12 16:18:29
標  題: THE ADDITIONAL ARTICLES OF THE CONSTITUTION OF THE REPUBLIC OF CHINA
內  容:
Ministry of Justice, Council of Indigenous Peoples, June 10, 2005
Article 4
Beginning with the Seventh (7th) Legislative Yuan, the Legislative Yuan shall have One Hundred Thirteen (113) members who shall serve a term in office of Four (4) years, which is renewable after re-election. The election of said members of the Legislative Yuan shall be completed within a period of three (3) months prior to the expiration date of each office term, in accordance with the following provisions, regardless of the restrictions prescribed under Article (64) and Article (65) of the Constitution:
1. A total of Seventy-Three (73) members shall be elected from the Special Municipalities, Counties, and Cities in the Free Area of the Republic of China. As such, at least One (1) member, at the minimum, shall be elected from each County and City electoral district (constituency), respectively.
2. A total of Six (6) members shall be elected from among the Indigenous Peoples in the Free Area of the Republic of China: specifically, three (3) members from the Mountain Region Indigenous Peoples and three (3) members from Plain Region Indigenous Peoples.
3. A total of Thirty-Four (34) members shall be elected from the constituencies nationwide and among overseas citizens who reside outside the electoral districts (constituents) of the Republic of China.
Members for the seats set forth in Subparagraph (1) of the preceding paragraph shall be elected in proportion to the population of each Special Municipality, County, or City, which shall be divided into electoral districts (constituents) equal in number to the number of members to be elected. Members for the seats set forth in Subparagraph (3) shall be elected from the lists of political parties in proportion to the number of votes won by each party that obtains a minimum rate of five per cent (5%) of the total votes, and the number of elected female members on each party's list must reach at lest Half (1/2) of the total number.
Where the Legislative Yuan meets as a single body on a yearly basis, it shall hear the report on the current conditions of the Republic of China (R.O.C.) given by the President of the R.O.C.
Following the dissolution of the Legislative Yuan by the President of the R.O.C. and prior to the inauguration of its new members, the Legislative Yuan shall be regarded as in recess.
The territory of the Republic of China, defined by its existing national boundaries, shall not be altered unless initiated upon the proposal of One-Fourth (1/4), at the minimum, of the total members of the Legislative Yuan, passed by Three-Fourths (3/4), at the minimum, of the members present at a meeting attended Three-Fourths (3/4), at the minimum, of the total members of the Legislative Yuan, and sanctioned by electors in the Free Area of the Republic of China at a referendum held upon expiration of a period of Six (6) months from the date of public announcement of the proposal, wherein the number of valid votes in favor must exceed One-Half (1/2) , at the minimum, of the total number of electors.
Should the President of the Republic of China issue an emergency decree after dissolving the Legislative Yuan, the Legislative Yuan shall meet of its own accord, within a period of Three (3) days from said issuance date, to vote on the ratification of the decree within a period of Seven (7) days after the session begins. However, should the emergency decree be issued after the election of new members of the Legislative Yuan, the new members shall vote on the ratification of the decree after their inauguration. Should the Legislative Yuan withhold ratification, the emergency decree shall forthwith be void.
Impeachment proceedings against the President or the Vice President of the Republic of China initiated by the Legislative Yuan, if any, shall be based upon the proposal of more than One-Half (1/2) of the total members of the Legislative Yuan and passed by more than Two-Thirds (2/3) of the total members of the Legislative Yuan, whereupon the said proposal shall be presented to the Council of Grand Justices of the Judicial Yuan for adjudication upheld by the Constitutional Court. As such, the provisions contained in Article (90) and Article (100) of the Constitution and Paragraph (1) under Article (7), of the Additional Articles of the Constitution shall not apply.
No member of the Legislative Yuan may be arrested or detained without the permission of the Legislative Yuan while the body is in session, except in cases of flagrante delicto. As such, the provisions contained in Article (74) of the Constitution shall cease to apply.