Chapter II. Rights and Duties of the People
All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.
Personal freedom shall be guaranteed to the people. Except in case of flagrante delicto as provided by law, no person shall be arrested or detained otherwise than by a judicial or a police organ in accordance with the procedure prescribed by law. No person shall be tried or punished otherwise than by a law court in accordance with the procedure prescribed by law. Any arrest, detention, trial, or punishment which is not 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 in writing inform the said person, and his designated relative or friend, of the grounds for his arrest or detention, and shall, within 24 hours, turn him over to a competent court for trial. The said person, or any other person, may petition the competent court that a writ be served within 24 hours on the organ making the arrest for the surrender of the said person for trial.
The court shall not reject the petition mentioned in the preceding paragraph, nor shall it order the organ concerned to make an investigation and report first. The organ concerned shall not refuse to execute, or delay in executing, 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 for an investigation. The court shall not reject such a petition, and shall, within 24 hours, investigate the action of the organ concerned and deal with the matter in accordance with law.
Except those in active military service, no person shall be subject to trial by a military tribunal.
The people shall have freedom of residence and of change of residence.
The people shall have freedom of speech, teaching, writing and publication.
The people shall have freedom of privacy of correspondence.
The people shall have freedom of religious belief.
The people shall have freedom of assembly and association.
The right of existence, the right of work, and the right of property shall be guaranteed to the people.
The people shall have the right of presenting petitions, lodging complaints, or instituting legal proceedings.
The people shall have the right of election, recall, initiative and referendum.
The people shall have the right of taking public examinations and of holding public offices.
The people shall have the duty of paying taxes in accordance with law.
The people shall have the duty of performing military service in accordance with law.
The people shall have the right and the duty of receiving citizens’ education.
All other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution.
All the freedoms and rights enumerated in the preceding Articles shall not be restricted by law except by such as may be necessary to prevent infringement upon the freedoms of other persons, to avert an imminent crisis, to maintain social order or to advance public welfare.
Any public functionary 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 held responsible under criminal and civil laws. The injured person may, in accordance with law, claim compensation from the State for damage sustained.