Article 139. The term "law" as used in the Constitution means that which has been passed by the Legislative Yuan and promulgated by the President.
Article 140. Laws in conflict with the Constitution are null and void.
The question whether a law is in conflict with the Constitution shall be settled by the Censor Yuan submitting the point to the Judicial Yuan for interpretation within six months after its enforcement.
Article 141. Administrative orders in conflict with the Constitution or laws are null and void.
Article 142. The interpretation of the Constitution shall be done by the Judicial Yuan.
Article 143. Before half or more of the provinces and territories have completed the work of local self-government, the Members of the Legislative Yuan and of the Censor Yuan shall be elected and appointed in accordance with the following provisions:
1. The Members of the Legislative Yuan: The Delegates of the various provinces, Mongolia, Tibet, and of the citizens residing abroad, to the People's Congress shall separately hold a preliminary election to nominate half of the number of the candidates as determined in Article 67 and submit their list to the People's Congress for election. The other half shall be nominated by the President of the Legislative Yuan for appointment by the President.
2. The Members of the Censor Yuan: The Delegates of the various provinces, Mongolia, Tibet, and of the citizens residing abroad, to the People's Congress shall separately hold a preliminary election to nominate half of the number of candidates as determined in Article 90 and submit their list to the People's Congress for election. The other half shall be nominated by the President of the Censor Yuan for appointment by the President.
Article 144. The Magistrates of districts where the work of self-government is not yet completed shall be appointed and removed by the Central Government.
The preceding paragraph is applicable mutatis mutandis to those municipalities where the work of self-government is not yet completed.
Article 145. The methods and procedure of helping the establishment of local self-government shall be determined by law.
Article 146. No amendment to the Constitution may be made unless it shall have been proposed by over one-fourth of the delegates to the People's Congress and passed by at least two-thirds of the delegates present at a meeting having a quorum of over three-fourths of the entire Congress.
A proposed amendment to the Constitution shall be made public by the proposer or proposers one year before the assembling of the People's Congress.
Article 147. In regard to those provisions of the Constitution which require further procedure for their enforcement, such necessary procedure shall be determined by law.
[1] T'ien Hsia Monthly, v. X, No. 3 (May 1940), p. 493-506. The transliterations have not been altered. Yüan therefore appears as "Yuan."
The following laws were passed by the Legislative Yüan April 31, XXVI (1937), in amended form, after the election had been postponed.
Article 1. The National Congress shall frame the Constitution, and shall determine its date of execution.
Article 2. i. The National Congress shall be organized by the Representatives of the people to the Congress.
ii. The manner of electing these Representatives is fixed in another set of laws.
Article 3. Members and reserve members of the Central Executive Committee of the Kuomintang, and of the Central Supervisory Committee of the Kuomintang shall be Representatives to the Congress without election; members of the National Government and its officials may attend the Congress.
Article 4. The date of convening the Congress is to be fixed by the National Government.
Article 5. The Congress shall convene in the locality occupied by the National Government.
Article 6. Representatives to the Congress shall take an oath of allegiance during the opening ceremonies of the Congress, to wit: "I,———, do hereby promise with absolute sincerity that as a representative of the Chinese people, I shall receive the instructions of Dr. Sun Yat-sen, the Father of the Republic, and that I shall execute my official power only according to law, and shall obey the discipline of the National Congress."
After taking the oath, the Representatives should thereto sign their names.
Article 7. Thirty-one members shall be elected from among the Representatives themselves to form the Presidium of the Congress. Their duties shall be:
i. To fix the manner of discussing motions and to regulate the progress of the discussion.
ii. To discharge executive affairs of the Congress.
iii. To perform other duties fixed in this code of laws.
Article 8. During a meeting of the Congress, the Presidium shall elect the Chairman of the Meeting.
Article 9. The National Congress shall form special committees to examine the qualifications of the Representatives, to examine motions and proposals and for other matters. These committees shall be organized upon the request of the Presidium and passed by the Meeting.
Article 10. The period of a session of the Congress is 10 to 20 days; it may be extended whenever necessary.
Article 11. The duties of the National Congress are fully discharged when its Meeting closes.
Article 12. A quorum shall consist of at least half of the total number of members. Motion can be passed when more than half of the members present vote for it.
In adopting the Constitution, at least two-thirds of the total number of the members shall be present, and adoption shall require a majority greater than two-thirds of the members present.
Article 13. The Congress may adopt any of the following methods to put a motion to vote: raising the hands, standing up, or balloting. In case of a tie, the Chairman may cast the deciding vote.
Article 14. The National Congress shall have a Secretariat and an organization of police guards. Their organization and duties shall be decided by the Presidium.
Article 15. The National Congress shall have a Secretary General, appointed by the Presidium, and discharging the affairs of the entire Congress.
Article 16. The Representatives shall not assume any responsibility towards the general public for any opinion expressed by them during the session of the Congress.
Article 17. Except by approval of the Congress, no Representative of the Congress may be detained or arrested when the Congress is in session.
Article 18. During the session, a Representative who does not abide by the rules of the Congress may be warned by the Chairman, or may forfeit his privilege to speak. Adequate punishment shall be imposed upon any who may commit serious offenses.
Article 19. The above mentioned punishment will be decided by the Congress, upon the examination of the Punishment Committee (formed by the Representatives to the Congress).
Article 20. The date of adoption of this code of laws is to be fixed in an order from the Central Government.
[1] "Kuo-min Ta-hui Tsu-chih Fa" in Chung-yang Hsüan-ch'uan Pu (Party-Ministry of Publicity), Hsien-chêng Chien-shê Fa-kuei, Chungking, XXVIII (1939), p. 35-8.
[Note particularly the world-wide electoral areas.]
Article 1. These laws are formulated in conjunction with what is provided in Section ii of Article 2 in the Law concerning the System of Organization of the National Congress.
Article 2. Besides the Representatives to the National Congress without election, there shall also be provided:
Article 3. All citizens of China above 20 years of age have the privilege of voting for Representatives to Congress, upon taking the oath of citizenship.
Article 4. The following persons have no privilege of voting:
i. Rebels against the National Government, proven or under arrest.
ii. Corrupt officials, proven or under arrest.
iii. Those whose citizenship privileges have been forfeited due to crimes, etc.
iv. Those who are insolvent.
v. Those afflicted with mental diseases.
vi. Those smoking opium or substitutes therefor.
Article 5. Each voter may have not more than two choices.
Those who may both elect in the district and the professional elections should participate in the professional election. Those who may both elect in the professional election and the special election should elect in the special election. In professional election, an elector eligible in more than two professions should vote only in one of them at his choice.
Article 6. The Representatives to the National Congress are elected by balloting which does not require signature, and by single entry. The names of candidates for Representative should be printed on the ballot, and the electors are to choose one man out of them.
Article 7. Candidates for Representative who receive a majority vote are elected as Representatives. In case of tie, the candidates shall draw lots to decide who is the elected Representative.
Article 8. After the full number of Representatives has been obtained, those candidates who obtain some votes [but less than a majority] will be reserve Representatives. Their rank will be based upon the number of votes. In number the reserve Representatives shall correspond to the elected Representatives.
Article 9. All provinces and cities directly under the Executive Yüan shall elect a number of Representatives corresponding to the attached List No. 1, and according to the laws governing District Elections.
Article 10. The Representatives from various provinces are elected in various districts. The division of districts and the number of Representatives elected in every district are fixed in the attached List No. 2.
Article 11. The Heads of the hsiang [suburb of a city] and of the chên [a village market] of each hsien in the electorate should nominate candidates. The number should be ten times that of the number of Representatives to be elected. If there is a shih within the electorate, the Head of the fang [a group of houses in a shih] should also participate in the nomination. If there is no Head of the hsiang or chên in a hsien, then the corresponding officials of the hsiang, chên, or hsien shall nominate.
Article 12. Candidates for Representative should have the following qualifications:
i. Possess the qualifications of an elector of the Representatives and have taken the citizenship oath in an electorate other than this one.
ii. Be above twenty-five years of age.
iii. Be a resident of the respective electoral district.
Article 13. Representatives to the National Congress in each district are elected in the manner prescribed in Article 6.
Article 14. The Special Municipalities directly under the Executive Yüan should elect their Representatives according to Articles 11-13 and Article 15.
Article 15. The various professional organs in provinces or Special Municipalities should elect a number of Representatives according to the attached List No. 3.
Article 16. Organs of the liberal professions shall elect Representatives not according to localities or districts. Their numbers are fixed in attached List No. 4.
Article 17. The professional organs participating in the election are limited to those who were legally recognized before the adoption of this code of laws.
Article 18. The officers of the various professional organs shall nominate Representatives for those particular professions. Their number should be three times the number of Representatives to be elected. The officers mentioned above are limited to those who have executive power in that particular professional organ.
Article 19. Nominated Representatives for professional election should have the following qualifications:
i. Possess the privileges of an elector.
ii. Be above twenty-five years of age.
iii. Have been practicing in that profession for three years or more.
iv. Be a member of that professional organization.
The period of practicing that profession may be the sum of intermittent periods of practice.
Article 20. The Representatives of professional organs should be elected by legally recognized electors according to Article 6.
Article 21. If there are several sub-organs to a professional organization, the nomination of Representatives should be made by the officials of the lowest sub-organ, and elected by the members of the lowest sub-organ.
If the members of the professional organization form groups, then the election of Representatives should be done by the individual members of those groups.
Article 22. In Special Municipalities directly under the Executive Yüan, the nomination and election of Representatives from professional organizations should be in accordance with Article 24.
Article 23. For organs of the liberal professions, their manner of nominating and electing is the same as for professional organizations.
Article 24. No distinction concerning district or profession is made in the election of Representatives in these four provinces. Their numbers are:
| i. | For Liaoning | 14 |
| ii. | For Kirin | 13 |
| iii. | For Heilungkiang | 9 |
| iv. | For Jehol | 9 |
Two of the Representatives from Kirin are elected in the Special Eastern District of that Province.
[Provision is made for the use of polls in exile and for absentee ballots.]
[This follows the provisions of Section 1.]
Article 32. The numbers of Representatives from overseas are as follows:
| 1 from Hawaii | 1 from Chile |
| 1 from Peru | 1 from Cuba |
| 1 from Mexico | 1 from Central America |
| 3 from the United States | 2 from the Philippines |
| 2 from Canada | 4 from Malaya |
| 3 from Annam | 2 from Thailand (Siam) |
| 1 from India | 2 from Burma |
| 1 from Europe | 1 from Japan |
| 1 from Korea | 1 from Australia |
| 1 from Tahiti | 1 from Africa |
| 4 from The Netherlands East Indies | 1 from Hong Kong |
| 1 from Macao | 1 from Formosa |
Article 33. The nomination of overseas Representatives is modelled after that of Professional Elections. But the groups nominating the Representatives are to be approved by the Central Committee of Overseas Affairs.
The National Government shall fix twice the number of Representatives electable as nominated Representatives.
Article 34. The election of Overseas Representatives is modelled after that governing provincial districts.
Article 35. Thirty Representatives shall be elected from the Nation's army, navy, air force, and other military organs.
Article 36. Nominations of Representatives from the military are as follows:
i. The Army: Two nominations from every division. One from every independent lü [brigade] or from special brigades holding more than two tuan [regiments]. For the rest of the smaller forces, nomination of Representatives shall be made by combination of the forces.
ii. The Navy: Each fleet may nominate one Representative. All the Marines combined may nominate one Representative. The Department of the Navy will combine the remainder to nominate Representatives.
iii. The Air Force shall nominate one Representative.
iv. Three Representatives shall be nominated by other military organs.
The National Government will appoint ninety Representatives thus nominated as the nominated Representatives.
Article 37. The nominated Representatives will be elected by the officers and soldiers of the military who have the qualifications of electors. Representatives are elected in the manner prescribed in Article 6.
Article 38. Representatives nominated should have the following qualifications:
i. Possess the qualifications of an elector.
ii. Be more than twenty-five years of age.
iii. Have served for more than five years in the troops with good record, or be a graduate of good standing from a military school.
Article 39. The National Government forms the Chief Election Office of the Representatives of the National Congress. The Office is headed by a Commissioner and a Deputy Commissioner. Election Inspectors are also specially appointed to direct and watch all affairs of the election. The appointment of the Chief Election Office is determined by order.
Article 40. The Election Inspector of every province is the Commissioner of the Bureau of Civil Affairs of the province.
The Provincial Election Inspector is the highest executive official of the province. In case there is no highest official, the Chief Election Office will appoint one of the executive officials to fill the post.
Article 41. In Special Municipalities directly under the Executive Yüan, the Inspector is the City Mayor.
Article 42. In elections in Liaoning, Kirin, Heilungkiang, and Jehol, and of liberal professional organizations, the Minister of the Ministry of the Interior will be the Inspector-General. In elections in Mongolia and Tibet, the Chairman of the Mongolian and Tibetan Affairs Commission will be the Inspector-General. In overseas elections, the Chairman of the Overseas Affairs Committee will be the Inspector-General.
Article 43. Elections in Mongolia, Tibet, and overseas and military elections shall be under the Inspectors appointed by the Chief Election Office.
Article 44. The qualifications of the electors, the nominated and elected Representatives shall be examined by the Inspectors.
Article 45. The date and locality of the election are fixed by the Election Inspectors.
Article 46. The rest of the officials for the election, e.g., ballot administrators and inspectors, etc., are also appointed by the Inspectors-General.
Article 47. Inspectors and officials for electoral affairs cannot be the Congress Representatives of that district or professional organization.
[Article 48 omitted in the text.]
Article 49. The election is considered null and void if:
i. It is legally proved that more than one-third of the electorate are cheating in or manipulating the election; or,
ii. It is legally proved that the election is not conducted according to the laws prescribed.
Article 50. In case of an election being forfeited, it should be performed again according to law, unless it be too late to repeat under the existing circumstances.
Article 51. Elected Representatives lose their privilege when:
i. They die; or,
ii. It is legally proved that their submitted qualifications are false; or,
iii. It is legally proved that the number of ballots is incorrect.
Article 52. When an elected Representative loses his privilege or when he refuses to take his privilege, the reserve Representative will take his place as prescribed in Article 8.
Article 53. Electors or nominated Representatives who are not elected may file suit within ten days of the date of the election against any administrative officer of the election if they hold that he abuses his duty.
Article 54. If electors or nominated Representatives who are not elected see that the number of ballots cast for the elected Representatives are untrue, or that the qualifications of the elected Representatives are untrue, they may file suit within five days of the date for announcement of successful candidates.
Article 55. All law suits connected with election affairs will be heard by the Supreme Court. They shall take precedence over all other cases, and sentence will be given after one single hearing. Law suits connected with military elections will be heard before a military tribunal.
Article 56. Offenses committed during an election are governed by the criminal code.
Article 57. When it is impossible to elect in Special Elections as prescribed in Chapter IV, the National Government may appoint Representatives.
Article 58. The Chief Election Office for the Election of Representatives to the National Congress is the sole organ empowered to interpret the meaning of this set of laws.
Article 59. The detailed procedure for enforcing these laws will be fixed by order.
Article 60. The date of enforcing these laws will be fixed by order.
[The attached lists are omitted.]
[1] "Kuo-min Ta-hui Tai-piao Hsüan-chü Fa" in Chung-yang Hsüan-ch'uan Pu (Party-Ministry of Publicity) Hsien-chêng Chien-shê Fa-kuei, Chungking, XXVIII (1939), p. 38-49.
This quasi-constitutional proclamation of war policy for the nation was adopted by the Kuomintang Party Congress, Emergency Session, at Hankow, March 29, 1938.
1. Dr. Sun Yat-sen's revolutionary principles and his other teachings are hereby declared to be the supreme authority, regulating all war-time activities and the work of national reconstruction.
2. All war-time powers and forces are hereby placed under the control of the Kuomintang and of General Chiang K'ai-shek.
3. China is prepared to ally herself with all states and nations that sympathize with her cause, and to wage a common struggle for peace and justice.
4. China is prepared to safeguard and strengthen the machinery of peace as well as all treaties and conventions that have the maintenance of peace as their ultimate object.
5. China is prepared to ally herself with all forces that are opposed to Japanese imperialism in order to check Japanese aggression and to safeguard peace in the Far East.
6. China is prepared to improve still further the existing friendly relations with other Powers in order to gain more sympathy for the cause.
7. All bogus political organizations which Japan has created in consequence of her military occupation of Chinese territory, and all their actions, are hereby repudiated and declared null and void.
8. The army shall receive more political training, so that both officers and men may appreciate the importance of war-time national reconstruction and be ready to lay down their lives for the nation.
9. All able-bodied men shall be trained; the people shall have their military strength increased; the troops at the various fronts shall be supplied with new recruits. Overseas Chinese who have returned home to offer their services at the front shall be given a proper course of training to fit them for their work.
10. All people who have arms of their own shall receive the support and encouragement of the Government and, under the direction of local military authorities, shall cooperate with the regular army to defend the country against foreign invasion. Guerrilla warfare shall be waged in the enemy's rear with the object of smashing and dividing his military forces.
11. Both the wounded and the killed shall be pensioned; the disabled shall be cared for; and the families of soldiers fighting at the front shall be treated with the utmost consideration, so that people will rejoice to fight for their country and the work of national mobilization may proceed with the highest degree of efficiency.
12. A People's Political Council shall be created in order to unify the national strength, to utilize the best minds of the nation, and to facilitate the formulation and execution of national policies.
13. The district [hsien] shall be taken as the fundamental unit from which the work of increasing the self-defensive power of the people shall be started. The conditions of local self-government shall be fulfilled as soon as possible, so that the political and social basis of the present war shall have been firmly established and a preparation shall have been made for the eventual promulgation of a constitution.
14. A thorough reform in the central and local governmental machinery shall be instituted with the object of simplifying and making it rational. Only thus can administrative efficiency be obtained to meet the urgent needs of war.
15. The conduct of all officials, both high and low, shall conform to rules of propriety. They shall be faithful to their work, ready to sacrifice themselves for the cause of the nation, observe discipline, and obey orders, so that they may serve as a model for the people. If they prove to be disloyal and obstruct the prosecution of the war, they shall be tried by court martial.
16. Corrupt officials shall be severely punished, and their property shall be confiscated.
17. Economic reconstruction shall concern itself mainly with matters of military importance, and incidentally with matters that contribute to the improvement of the livelihood of the people. With these objects in view, a planned economy shall be put into operation, investments by people both at home and abroad shall be encouraged, and large-scale war-time production shall be undertaken.
18. The greatest measure of energy shall be devoted to the development of village economy, the encouragement of cooperative enterprises, the unhampered transportation of foodstuffs, the cultivation of waste land, and the work of irrigation.
19. Mining shall be undertaken; the foundations of heavy industries shall be laid; light industries shall be encouraged; and handicraft industries in the various provinces shall be developed.
20. War-time taxes shall be levied, and thoroughgoing reforms in financial administration shall be instituted.
21. The banking business shall be strictly controlled, so that commercial and industrial activities may be properly adjusted.
22. The legal tender shall be made unassailable; foreign exchange shall be controlled; and imports and exports shall be regulated in order to secure financial stability.
23. Facilities of communication shall be improved; transportation by steamers, automobiles, and aeroplanes shall be undertaken; railroads and highways shall be built; and air lines shall be increased.
24. No profiteering or cornering shall be allowed; and a system of price-fixing shall be instituted.
25. The people throughout the country shall be organized into occupational groups such as farmers, laborers, merchants, and students. The principle shall be: From each according to his ability. The rich shall contribute in money, and the able-bodied shall sweat. All classes of people shall be mobilized for war.
26. In the course of the war, the freedom of speech, the freedom of the press, and the freedom of assembly shall be fully guaranteed to the people, provided they do not contravene Dr. Sun Yat-sen's revolutionary principles or the provisions of the law.
27. Refugees from the war areas as well as unemployed people shall receive relief, and shall be given proper training to fit them for war-time work.
28. National consciousness shall be instilled into the people, so that they may assist the Government in detecting and eradicating treasonable acts. Traitors shall be severely punished, and their property shall be confiscated.
29. The whole educational system shall be reorganized. A course of war-time education shall be instituted and emphasis shall be placed on the cultivation of morals, scientific research, and the expansion of research facilities.
30. Various technical experts shall be trained and assigned to proper posts in order to meet the requirements of war.
31. The youths of the nation shall be properly trained, so that they may offer their services to society and contribute to the cause of the war.
[1] Official English text from Ch'u Chia-hua (Party-Minister of Organization of the Kuomintang), "Consolidation of Democracy in China," in Council of International Affairs, The Chinese Yearbook 1938-39, [Hong Kong], 1939, p. 337-8.
An official but unpublished statement, this document was presented by the President of the Control Yüan to the author for inclusion in the present work.
According to Article 46, Chapter VIII of the Organic Law of the National Government, the Control Yüan is "the highest supervisory organ of the government, obliged to exercise the power of impeachment and auditing in accordance with law." Since the beginning of our resistance against the Japanese invasion, the powers of control have been gradually strengthened so as to meet the demands of this critical time. A static control has developed into a dynamic one; that is, more emphasis is laid upon prevention than upon correction. Therefore the duties of the office become heavier and more complicated, as its work becomes more intensified. But the influence which the Yüan has exercised over Chinese politics as a whole becomes also wider and wider. In this report, we are going to describe the activities of the Yüan under the two headings of the Control Yüan and the Ministry of Audit.
The function of auditing is performed by the Ministry of Audit, subsidiary to the Yüan. What is directly performed by the Yüan is impeachment. On the authority of the Impeachment Act, any motion of impeachment, after being proposed by some control Committee or control Commissioner, is to be reviewed by three other control Committees. If the bill is passed by the three, the accused must be punished. Whenever a bill is rejected and its proponent does not agree to the rejection, the bill shall be reviewed once more by five other committees whose determination shall be final. Furthermore, emergency relief measures may be requested, according to the urgency of the occasion; and in order to facilitate the performance of its functions, the Yüan is permitted to investigate the documents of other offices as well as to demand explanations from them. The initiation of a motion of impeachment must be based upon one of the three following conditions:
a. Article 2, Impeachment Act: "If any illegal action or negligence of duty of an official be discovered, the Control Yüan itself is permitted to bring an impeachment against him."
b. Article 4, Regulations for the Execution of Government Rights; and Article 11, Act for the Punishment of Officials: "Specified officials may be impeached on demand of the superior who has submitted the case of his guilty subordinate to the Control Yüan."
c. "If an official be accused by the people, the case must be investigated. If the accusation prove to be true, the accused shall be impeached."
Although it is very prudent that the legislators have obliged the impeaching officers to take such steps as investigation, motion, and review, yet in this critical time these complicated measures must be considered too slow to keep pace with the development of affairs.
After the outbreak of war, the Central Government published the "Temporary Regulations for the Execution of War-time Controlment," in which the Control Yüan was charged with the duties of censure and proposition, besides what have already been mentioned. By censure it is meant that when emergency measures must be taken against an official whose illegal action or negligence of duty has been discovered, a written notice of censure may be submitted to the officer who directly controls, or is immediately superior to, the official in question. The officer receiving the notice must decide in as short a time as possible to deal with the censured with the administrative power in his hands. If he holds the censured innocent, he must reply, giving sufficient reasons. If he takes no measures, or fails to reply, or replies groundlessly, the control Committee making the censure is obliged to change the motion of censure into one of impeachment, and the impeached is liable to a penalty. Hence the principal significance of censure is that it takes emergency measures against the undesirable conduct of officials, so as to meet the demands of the war-time. This also implies further extension of the controlment to the administrative system, in order to quicken efficiency.
As for proposition, this means that when some legally specified obligations of office are administered feebly or inadequately, the Control Yüan may make a proposal or express its views to the office involved or to the office immediately superior. The office which receives the proposal must in as short a time as possible take adequate measures to remedy the situation. The duties of proposition, therefore, can not only correct administrators, but can also improve agencies. They are preventive, capable of requiring strict improvement of governmental activities. Effective anticipatory control may now be exercised over Chinese government agencies. Since being charged with the two new duties of censure and proposition, the Control Yüan has carried them into action with prudence. And the effects are rather remarkable.
When, in 1937, the government was moved to Chungking, a part of the Yüan employees were ordered dismissed. But the Yüan authorities still prepared copies of "Directions for the Work of Control Yüan Employees in Their Native (or Other) Cities (or Provinces)," and "Directions for the Work of Dismissed Control Yüan Employees," which were distributed to the dismissed. The former employees have been obliged to make monthly reports upon the local phenomena according to the "Directions." These reports are sent to the Yüan, thus helping its understanding of the truth in all corners of China.
In view of the fact that the "Temporary Regulations for the Execution of War-time Controlment" came into force, the Control Yüan accordingly prepared "Directions for Inspection and Investigation." From time to time, the control commissioners have been ordered to tour their respective districts. Moreover, control committees have been selected and sent out to different places to perform inspection of administration, national spiritual mobilization, conscription, military confiscation and requisition, the organization and training of the people, hoarding and reserves of supplies, communication and transportation, public support of the war, public security, the utter erasure of traitors, anti-air-raid preparations, ambulance equipment, the management of wounded soldiers and of refugees, taxation and other imposts on the people, production, construction, education, and all other things related to the war. Thus the work of the Yüan has become all the more intensified. In order to adapt itself to the circumstances, its organization was readjusted. A "Board of Legislative Study," subordinate to the Yüan, was established, with a view to studying Dr. Sun Yat-sen's "Constitution based upon the Principle of the Separation of Five Powers," the Control system, and anything related to war-time legislation about controlment. Besides, a "Committee on Procedural Technique" was added under the Secretariat, so that it will prepare plans for the improvement of Yüan activities, and will help to carry them into action.
In the spring of 1939, a "Plan of War-time Procedure for the Second Stage of War" was passed in the Fifth Plenary Session of the C.E.C. and C.S.C. of the Kuomintang. Both the decision concerning Article VI of Political Report and the lecture delivered by Generalissimo Chiang K'ai-shek in this meeting showed that much was expected from the Control Yüan. Abiding by the government's policy and taking into consideration its present needs, the Yüan, in addition to the performance of impeachment, censure, proposition and other functions established by law, prepared "An Outline of the Execution of War-time Controlment for the Second Stage" and its "Preliminary Procedure," with the extension of inspection as the chief means to set the machinery in motion.
According to the aforementioned "Outline" and "Procedure," the work of inspection is classified into two kinds. The inspection of the conduct of political officers and administrative officials is termed the general inspection. When special agents are sent out to inspect specified cases, this is called the special inspection. For the general inspection of the Central Government, the units are the offices, while for that of the local governments, the units are the districts [hsien]. In the case of a special inspection, when the agents are sent out solely by the Control Yüan, the term used is exclusive inspection; the inspection performed cooperatively by agents both of the Yüan and of other offices is called joint inspection.
The general inspection has, since January 1940, been vigorously put into effect. For instance, the anti-air-raid preparations on the outskirts of Chungking, the relief and management of wounded soldiers, refugees, and suffering children, and the spiritual mobilization of central and local government offices (including problems of efficiency and diligence) have all been carefully examined. Moreover, Control Committees have been sent out to different districts within certain periods, the frequency of which is based upon the importance of the place. Some went to Kweichow and Szechwan to inspect local administration in different districts. Recently, committees have been sent out to Shantung to make a variety of inspections. As for the special inspections, delegates have been incessantly sent out to make exclusive inspections; and joint inspections have also been made, by the joining of many control committees into the Itinerant Inspection Corps for Military Discipline and Morale, and the War-time Economic Inspection Corps. Committees which have thus been delegated to joint work are not only obliged to fulfil duties required by the Corps, but are also permitted independently to impeach or censure illegal or incompetent officials, whether civil or military. The primary functions of the committees remain unaffected.
Since military operations must be in harmony with political administration, wherever the military power reaches, the power of controlment must follow in its wake. The Control Yüan recently prepared the "Regulations for the Organization of Control Yüan War-time Inspection Corps of War Districts," which were later sanctioned and then promulgated. The number of the corps and of the areas to be inspected are fixed according to the War Districts marked off by the Military Affairs Commission. Each corps consists of three committees, and is organized by the control committees themselves; if there is a control commissioner in the area, he of course joins the committee, and performs all the functions established for him by law. Under each committee there are one secretary, one inspecting agent, three assistants, and one clerk—to assist the committees in routine administration.
Since the work of the control commissioners is stationary, behind the battle lines, the Inspection Corps of War Districts are itinerant, so that their emphasis can be laid upon the front. They are mutually dependent and intimately correlated. The network of national controlment is completed by the mobilization of the control committees to be sent out to make inspections, so that corruption may be eliminated and law and order enforced. And undoubtedly our resistance against the Japanese invasion has been benefited. This work is indeed a great help to the construction of a new China.