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Chapter Law Content

Chapter VI. Dissolution of Unconstitutional Political Parties
Article 77
(Petitions for Dissolution of Unconstitutional Political Parties)
When any objective or activity of a political party endangers the existence of the Republic of China or the free democratic constitutional order, the competent authority may lodge a petition with the Constitutional Court for a judgment dissolving the political party.
Article 78
(Contents of Pleadings Concerning Dissolution of Unconstitutional Political Parties)
Petitions under the preceding Article shall be submitted in writing and include the particulars below:
(1) the name of the petitioning authority, the location thereof and its representative;
(2) the name and address of the political party to be dissolved and the name and the domicile or the residence of its representative;
(3) the grounds for the dissolution of the political party;
(4) the underlying facts and the evidence supporting the dissolution of the political party; and
(5) the titles of the annexes and the number thereof.
Article 79
(Petitioning Authority's Burden of Proof)
The petitioning authority shall provide evidence to prove the underlying facts supporting the dissolution of the political party.
Prior to the oral argument sessions, the Constitutional Court shall direct the petitioning authority to provide additional pieces of evidence within a specified period of time when it finds the submitted evidence apparently insufficient; if the petitioning authority fails to do so, the Constitutional Court may dismiss the petition by a ruling.
The petitioning authority may not re-petition the case that has been dismissed in accordance with the preceding Paragraph based on the same underlying facts.
Article 80
(Vote Threshold for Dissolution of Unconstitutional Political Parties and the Holding of a Judgment)
The judgment on the dissolution of an unconstitutional political party shall be rendered by a two-thirds majority of the total number of the incumbent Justices of the Constitutional Court.
Failing the required majority as provided for by the preceding Paragraph, the Constitutional Court shall rule against dissolution in a judgment.
Article 81
(Application Mutatis Mutandis of Oral Argument Procedures)
Articles 71 and 74 shall apply mutatis mutandis to cases arising under this Section.
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