Constitution of the Federal Republic of the Chinese Nations

The First Constitution of the Federal Republic of the Chinese Nations (2055)

中华民族联邦共和国第一部宪法(2055)

The following are the major Charters and Articles of the First Constitution active from 1 January 2055. This is the supreme law of the Federal Republic of the Chinese Nations.

Principles and Establishment of Rights

• Article I. The name of this country shall be the Federal Republic of the Chinese Nations (中华民族联邦共和国).
  • Section I. The Federal Republic of the Chinese Nations shall be the sole legitimate identity for all China.
  • Section II. The Federal Republic of the Chinese Nations is the legitimate and sole successor of both Republic of China and the People's Republic of China.
  • Section III. The Federal Republic of the Chinese Nations is the federation of the Republic of China and the People's Republic of China.
  • Section IV. The Federal Republic of the Chinese Nations is the federation of all Chinese nations (ethnic groups).
• Article II. Major public servant offices ranging from President, to Legislative Senate senators, to provincial Governors and to Mayors are all to be democratically elected by popular vote of a simple majority (over 50%).
  • Section I. The Theory of Simple and Fair Democratic Elections should be observed to ensure equal opportunity and fairness of democracy.
• Article III. All public servant candidates of all ranks, elected or appointed, must pass Public Servant Examination in order to be qualified to serve.
• Article IV. The government is to be separated into three major branches; namely, the Presidential Cabinet (总统内阁/中央行政部), the Legislative Senate (国会/全国立法参议会) and Supreme Judicial Court (最高司法院). Three branches function as monitoring bodies for each other, in order to ensure fulfillment of expectations (job requirements) and prevent abuse of power.
• Article V. Values of loyalty, honesty and responsibility are to be held by public servants.
  • Section I. Corruption, lobbying and cover-ups can be prosecuted; including the office of the President.
    • Subsection I. Monitoring of the government from provincial level and below is the responsibility of the relevant local senates, elected by popular vote of a simple majority (over 50%) from the respective local divisions.
    • Subsection II. Monitoring of provincial level government is also reinforced by the provincial level Federal Courts, which answer only to the Judicial branch of the national government.
    • Subsection III. Monitoring of national level government is the responsibility of the Legislative Senate and the Supreme Judicial Court of China.
• Article VI.Values of human rights are to be strictly upheld.
  • Section I. Tolerance of freedom of speech, freedom of expression and freedom of press. Though, the right to legal actions against defamation is reserved.
  • Section II. Tolerance and mutual respect of all religions and religious practices; as long as national security is not compromised and any other sections of this Article is not violated.
  • Section III. Equal opportunities regardless of race, colour, culture, gender and accent.
  • Section IV. Peaceful demonstrations can be held regardless of topic.
    • Subsection I. Demonstrations needs to be scheduled with local authority in terms of venue, time and size; but local authority has no right to enquire the topic or reason for the demonstration. There shall be specific venues for various sizes of demonstrations provided by each local authorities.
    • Subsection II. Any escalation to violence shall not be tolerated; and riot police would take necessary actions to ensure civil security.
    • Subsection III. Local authorities retain the right to disband and prosecute any unauthorized demonstrations.
    • Seubsection IV. Suppression of peaceful scheduled demonstrations could lead to prosecution.
  • Section V. Death penalties are to be abolished. Humans can make mistakes. Life sentence could instead, be put in place.
  • Section VI. No violence, torture or unfair treatment shall be tolerated; including towards prisoners and criminals.
• Article VII. National strength, technological advancement, economic prosperity and social welfare shall be the official mandate of all governmental offices.
• Article VIII. Animal rights and environmental protection are values to be observed.

Executive

Main article: Presidential Cabinet of China

• Article I. The President is the head of state and the head of government of the Federal Republic, elected by nationwide popular vote of a simple majority (over 50%).
  • Section I. The President's executive assent is required to approve any bills passed by Legislative Senate and has veto power over all bills.
  • Section II. The President's veto can be overridden by a supermajority (over four-fifth) of votes from the Legislative Senate.
  • Section III. Presidential veto is automatically nullified if any issue passed by the Legislative Senate already have a supermajority (over four-fifth) of votes.
  • Section IV. The President retains the right to declare state of emergence; thus, making the President as the supreme commander in chief of all military and paramilitary units of the country; as well as absolute veto power to even override Legislative Senate's unanimous vote.
    • Subsection I. Post state of emergence explanation towards the nationwide citizens and the Legislative Senate is required. If explanation is not approved by a simple majority (over 50%) of the Legislative Senate, the President shall automatically lose office and the Vice President shall serve the remaining term.
• Article II. All cabinet members (Minister of Federal Ministries) and cabinet level officers (such as President's Chief of Staff) are to be nominated by the President and approved by the Legislative Senate with a simple majority (more than 50%) of votes.
• Article III. The Vice President is the first in the presidential line of succession. Elected along with the President by nationwide popular vote as the President's running mate.
  • Section I. The Vice President serves as second-in-command in the executive branch and is the representative of the Cabinet in the Legislative Senate.
• Article IV. The office of President has a five years term, renewable once. There is no restriction of terms of office for Vice President and other cabinet members and cabinet level officers.
• Article V. The office of any Cabinet members and cabinet level officers can be impeached by a supermajority (over four-fifth) of votes from the Legislative Senate.
• Article VI. The office of the President and Vice President can be impeached by an unanimous vote from the Legislative Senate, followed by a supermajority (over four-fifth) of nationwide popular vote.

Legislature

Main article: Legislative Senate of China

• Article I. Legislative Senate senators (国会参议员) are provincial level representatives elected by popular vote of a simple majority (over 50%) from their respective provinces, autonomous regions, municipalities and special administrative regions (SARs).
• Article II. Legislative Senate senators have a five years term, renewable indefinitely.
• Article III. The allocation of the senate seats is as follows:
  • Section I. At least 1 seat and no more than 4 seats for each provincial level division.
  • Section II. Only 1 seat for municipalities and special administrative regions (SARs).
  • Section III. 2 or 3 seats for provinces (except Taiwan).
    • Subsection I. 3 seats for provinces with top population and/or GDP ranking.
    • Subsection II. 2 seats for rest of the provinces.
  • Section IV. 4 seats for Taiwan due to its top population and GDP ranking, as well as its special political status.
• Article IV. Any bills need a simple majority (over 50%) of votes in order to be passed (Impeachment and Amendment processes have different vote requirements).
• Article V. Chancellor (国会参议长) of Legislative Senate is elected by Legislative Senate senators from amongst themselves through a simple majority vote (over 50%).
  • Section I. Chancellor of Legislative Senate has a term of five years, renewable once.
  • Section II. Chancellor of Legislative Senate is the second in the presidential line of succession.
  • Section III. Chancellor of Legislative Senate, once elected, will lose the seat in the Legislative Senate; and a new replacement senator will be elected from the respective represented provincial level region
  • Section IV. Chancellor of Legislative Senate serves as the presiding and leading officer in the Legislative Senate and only votes to break ties.
• Article VI. The Legislative Senate's approval is required to execute major budgets (over ¥1 billion).
• Article VII. Major military actions, spending and wars require Legislative Senate's approval by a simple majority (over 50%) of votes, unless in a state of emergence.

Judiciary

Main article: Supreme Judicial Court of China

• Article I. The Supreme Judicial Court is an independent government body that protects and guards the rights and justice of the Administrative law and the |Constitutional Law.
• Article II. The Supreme Judicial Court compromises of a number of high judges (exact number can vary according to requirement) and is headed by seven Supreme Judges (最高大法官).
  • Section I. Supreme Judges are to be nominated by the President and approved by the Legislative Senate with a simple majority (more than 50%) of votes.
  • Section II. Supreme Judges have a term of 7 years, renewable indefinitely.
  • Section III. One Supreme Judge is to be inaugurated each year; thus, possibly allowing a change of one-seventh of the Supreme Judicial Court's leadership each year.
  • Section IV. The most senior Supreme Judge of the seven incumbent Supreme Judges is to be the presiding leader of the seven. Though, the senior Supreme Judge has no executive superiority or authority over any of the other six, the title of senior is merely for administrative purposes.
• Article III. The Supreme Judicial Court has rights to call for investigation and prosecute on any public servant, including the President.
  • Section I. The Supreme Judicial Court is in charge of Special Judicial Monitoring Committee and Special Judicial Investigation Committee in order to execute its judicial monitoring rights and duties.
  • Section II. The Supreme Judicial Court is in charge of all provincial level Federal Courts. Federal courts function to ensure the justice of the local courts under the authority of the Department of Justice.
  • Section III. Supreme Judicial Court is in charge of Election Monitoring Committee to ensure the fairness of all elections and investigates electoral frauds.
    • Subsection I. The Committee has 21 executive members; and are appointed (approved by the Legislative Senate) and monitored directly by the Supreme Judges (three executive committee members by each Supreme Judge).
    • Subsection II. The Committee is subdivided into national level, provincial level, prefecture level, county level and township level subcommittees, in order to monitor and ensure the electoral fairness of all levels of elections throughout the country.
  • Section IV. Supreme Judicial Court is in charge of the Public Servant Examination Board, which holds the examinations yearly.

Amendment

• Article I. Amendment of any part of this Constitution must fulfill the following:
  • Section I. Proposed to the Legislative Senate by:
    • Subsection I. The President, or
    • Subsection II. The Chancellor of Legislative Senate along with at least 2 incumbent senators, or
    • Subsection III. All seven Supreme Judges of the Supreme Judicial Court.
  • Section II. Approved by:
    • Section I. Unanimous vote (100%) approval from the Legislative Senate (including the Chancellor of Legislative Senate), and
    • Section II. Presidential assent on the amendment. President has absolute veto power (cannot be overridden by the Senate) over any amendment proposals, and
    • Section III. Approval from all seven Supreme Judges of the Supreme Judicial Court, and
    • Section IV. A supermajority (over four-fifth) approval of nationwide popular vote on the referendum, and
    • Section V. Does not violate Article III of Amendment.
• Article II. Abolishment of constitution for a new constitution must fulfill the following:
  • Section I. Meet all requirements of Article I of Amendment.
  • Section II. Require an almost unanimous (95%) approval of nationwide popular vote on the referendum.
• Article III. Articles II and III of Amendment and Articles I and II of Principles and Establishment of Rights cannot be amended; only possible solution for amendment is to abolish the constitution and adopt a new constitution. See Article II above of Amendment.

End of the First Constitution (2055).
Written, signed and approved by Alpha
File:Flag of Federal Republic of China.png File:Emblem of China.gif

See Also

• Federal Republic of the Chinese Nations
• Constitution of the Federal Republic of the Chinese Nations
• Theory of Simple and Fair Democratic Elections
• Presidential Cabinet of China
  • President of China
    • Presidential line of succession of China
  • Vice President of China
• Legislative Senate of China
  • Chancellor of Legislative Senate of China
• Supreme Judicial Court of China
  • Supreme Judge of China
  • Special Judicial Monitoring Committee
  • Special Judicial Investigation Committee
  • Election Monitoring Committee of China
• Public Servant Examination of China
• National Flag of China
• Emblem of China
• National Anthem of the Federal Republic of the Chinese Nations
• Alpha