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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2022/06/30 08:43

Chapter Law Content

Chapter XIII. Fundamental National Policies
Section 1. National Defense
Article 137
The national defense of the Republic of China shall have as its objective the safeguarding of national security and the preservation of world peace.
The organization of national defense shall be prescribed by law.
Article 138
The land, sea and air forces of the whole country shall be above personal, regional, or party affiliations, shall be loyal to the state, and shall protect the people.
Article 139
No political party and no individual shall make use of armed forces as an instrument in a struggle for political powers.
Article 140
No military man in active 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 initiative and on the basis of the principles of equality and reciprocity, cultivate good-neighborliness with other nations, and respect treaties and the Charter of the United Nations, in order to protect the rights and interests of Chinese citizens residing abroad, promote international cooperation, advance international justice and ensure world peace.
Section 3. National Economy
Article 142
National economy shall be based on the Principle of the People’s Livelihood and shall seek to effect equalization of land ownership and restriction of private capital in order to attain a well-balanced sufficiency in national wealth and people’s livelihood.
Article 143
All land within the territory of the Republic of China shall belong to the whole body of citizens. Private ownership of land, acquired by the people in accordance with law, shall be protected and restricted by law. Privately-owned land shall be liable to taxation according to its value, and the Government may buy such land according to its value.
Mineral deposits which are embedded in the land, and natural power which may, for economic purposes, be utilized for the public benefit shall belong to the State, regardless of the fact that private individuals may have acquired ownership over such land.
If the value of a piece of land has increased, not through the exertion of labor or the employment of capital, the State shall levy thereon an increment tax, the proceeds of which shall be enjoyed by the people in common.
In the distribution and readjustment of land, the State shall in principle 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, in principle, be under public operation. In cases permitted by law, they may be operated by private citizens.
Article 145
With respect to private wealth and privately-operated enterprises, the State shall restrict them by law if they are deemed detrimental to a balanced development of national wealth and people’s livelihood.
Cooperative enterprises shall receive encouragement and assistance from the State. Private citizens’ productive enterprises and foreign trade shall receive encouragement, guidance and protection from the State.
Article 146
The State shall, by the use of scientific techniques, develop water conservancy, increase the productivity of land, improve agricultural conditions, plan for the utilization of land, develop agricultural resources and hasten the industrialization of agriculture.
Article 147
The Central Government, in order to attain balanced economic development among the provinces, shall give appropriate aid to poor or unproductive provinces.
The provinces, in order to attain balanced economic development among the hsien, shall give appropriate aid to poor or unproductive hsien.
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, in accordance with law, be subject to State control.
Article 150
The State shall extensively establish financial institutions for the common people, with a view to relieving 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 opportunity for work to people who are able to work.
Article 153
The State, in order to improve the livelihood of laborers and farmers and to improve their productive skill, shall enact laws and carry out policies for their protection.
Women and children engaged in labor shall, according to their age and physical condition, be accorded special protection.
Article 154
Capital and labor shall, in accordance with the principle of harmony and cooperation, promote productive enterprises. Conciliation and arbitration of disputes between capital and labor shall be prescribed by law.
Article 155
The State, in order to promote social welfare, shall establish a social insurance system. To the aged and the infirm who are unable to earn a living, and to victims of unusual calamities, the State shall give 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 the policy of promoting 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 service.
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, national morality, good physique, scientific knowledge, and the ability to earn a living.
Article 159
All citizens shall have equal opportunity to receive an education.
Article 160
All children of school age from six to 12 years shall receive free primary education. Those from poor families shall be supplied with books by the Government.
All citizens above school age who have not received primary 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 extensively establish 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 law, be subject to State supervision.
Article 163
The State shall pay due attention to the balanced development of education in different regions, and shall promote social education in order to raise the cultural standard 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 undertake the more important educational and cultural enterprises in such regions or give them financial assistance.
Article 164
Expenditures of educational programs, scientific studies and cultural services shall not be, in respect of the Central Government, less than 15 percent of the total national budget; in respect of each province, less than 25 percent of the total provincial budgets; and in respect of each municipality or hsien, less than 35 percent of the total municipal or hsien budget. Educational and cultural foundations established in accordance with law shall, together with their property, be protected.
Article 165
The State shall safeguard the livelihood of those who work in the fields of education, sciences and arts, and shall, in accordance with the development of 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 articles of historical, cultural or artistic value.
Article 167
The State shall give encouragement or subsidies to the following enterprises or individuals:
1. Educational enterprises in the country which have been operated with good record by private individuals;
2. Educational enterprises which have been operated with good record by Chinese citizens residing abroad;
3. persons who have made discoveries or inventions in the fields of learning and technology; and
4. Persons who have rendered long and meritorious services in the field of education.
Section 6. Frontier Regions
Article 168
The State shall accord to the various racial groups in the frontier regions legal protection of their status and shall give them special assistance in their local self-government undertakings.
Article 169
The State shall, in a positive manner, undertake and foster the development of education, culture, communications, water conservancy, public health, and other economic and social enterprises of the various racial groups in the frontier regions. With respect to the utilization of land, the State shall, after taking into account the climatic conditions, the nature of the soil and the life and habits of the people, adopt measures to protect the land and to assist in its development.
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