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Chapter XXII: Section 1: The President

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ARTICLE 36. The President is the Head of the State and represents the Republic of China in foreign relations.

ARTICLE 37. The President commands the land, sea and air forces of the whole country.

ARTICLE 38. The President shall, in accordance with law, promulgate laws and issue orders with the counter-signature of the President of the Yuan concerned.

ARTICLE 39. The President shall, in accordance with law, exercise the power of declaring war, negotiating peace and concluding treaties.

ARTICLE 40. The President shall, in accordance with law, declare and terminate a state of emergency.

ARTICLE 41. The President shall, in accordance with law, exercise the power of granting amnesties, special pardons, remission of sentences and restoration of civil rights.

ARTICLE 42. The President shall, in accordance with law, appoint and remove civil and military officials.

ARTICLE 43. The President shall, in accordance with law, confer honors and award decorations.

ARTICLE 44. In case the State is confronted with an emergency, or the economic life of the State meets with a grave danger, which calls for immediate action, the President, following the resolution of the Executive Meeting, may issue orders of emergency and do whatever is necessary to cope with the situation, provided that he shall submit his action to the ratification of the Legislative Yuan within three months after the issuance of the orders.

ARTICLE 45. The President may call meetings of the Presidents of the five Yuan to confer on matters relating to two or more Yuan, or on such matters as the President may bring out for consultation.

ARTICLE 46. The President shall be responsible to the People's Congress.

ARTICLE 47. Citizens of the Republic of China, having attained the age of forty years, may be elected President or Vice-President of the Republic.

ARTICLE 48. The election of the President and Vice-President shall be provided for by law.

ARTICLE 49. The President and Vice-President shall hold office for a term of six years and may be re-elected for a second term.

ARTICLE 50. The President shall, on the day of his inauguration, take the following oath:

"I do solemnly and sincerely swear before the people that I will observe the Constitution, faithfully perform my duties, promote the welfare of the People, safeguard the security of the State and be loyal to the trust of the people. Should I break my oath, I will submit myself to the most severe punishment the law may provide."

ARTICLE 51. When the Presidency is vacant, the Vice-President shall succeed to the office.

When the President is for some reason unable to attend to his duties, the Vice-President shall act for him. If both the President and the Vice-President are incapacitated, the President of the Executive Yuan shall discharge the duties of the President's office.

ARTICLE 52. The President shall retire from office on the day his term expires. If by that time a new President has not been inducted into office, the President of the Executive Yuan shall discharge the duties of the President's office.

ARTICLE 53. The period for the President of the Executive Yuan to discharge the duties of the President's office shall not exceed six months.

ARTICLE 54. Except in case of an offense against the internal or external security of the State, the President shall not be liable to criminal prosecution until he has been recalled or has retired from office.

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The China of Chiang K'ai-Shek: A Political StudyChapter XXII: Section 1: The President

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