Article 1.
The Republic of China, founded on the three
Principles of the People, shall be a democratic republic of the people,
by the people, and for the people.
Article 2.
The sovereignty of the Republic of China shall
reside in the whole body of citizens.
Article 3.
Persons with the nationality of the Republic
of China shall be citizens of the Republic of China
Article 4.
The territory of Republic of China within
its existing national boundaries shall not be altered except by a resolution
of the National Assembly.
Article 5.
There shall be complete equality among the
various ethnic groups in the Republic of China.
Article 6.
The national flag of the Republic of China
shall show a red field with a blue sky and a white sun in the upper left
corner.
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. In no case except that of flagrante delicate, which shall be separately
prescribed by law, shall any person 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 law court
inaccordance with the procedure prescribed by law. Any arrest, detention,
trial, or punishment 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 in writing, and any relative or friend of
his designated by him, of the grounds for his arrestor detention, and shall
turn him over, not later than twenty-four hours after his arrest, to a
competent court for trial. The said person, or any other person , may petition
the competent court to serve a writ on the organ making the arrest to surrender
within twenty-four hours the said person for trial.
The court shall not reject the petition referred
to in the preceding paragraph, nor shall it first of all order the organ
concerned to make an investigation and submit a report thereon. The
organ concerned shall not refuse to comply, or delay in complying, with
the writ of the court for the surrender of the said person for trial.
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.
Except those in active military service, no
person shall be liable to court-martial.
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 live, 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 rights 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 render 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 abridged 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 punishment 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 sustained therefrom.