CHAPTER VIII. SUPPLEMENT

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.]

_D._ THE PROGRAM OF RESISTANCE AND RECONSTRUCTION[1]

[Footnote 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.]

This quasi-constitutional proclamation of war policy for the nation was adopted by the Kuomintang Party Congress, Emergency Session, at Hankow, March 29, 1938.

A. GENERAL PRINCIPLES:

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.

B. DIPLOMACY:

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.

C. MILITARY AFFAIRS:

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.

D. POLITICS:

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.

E. ECONOMICS:

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.

F. MASS MOVEMENT:

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.

G. EDUCATION:

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.

_E._ AN OUTLINE OF WAR-TIME CONTROLMENT[1]

[Footnote 1: An unpublished memorandum presented in manuscript by President Yü Yu-jên of the Control _Yüan_ to the author in Chungking, September 1940. It consists of nine folios, not numbered, with a chart. It is entitled _Chan Shih Chien-ch'a K'ai-lüeh_ (An Outline of War-time Controlment), and is dated August, XXVIII (1939). The present extract is folios 1-A to 4-B.]

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 CONTROL YÜAN:

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.

_F._ A CHART OF THE CONTROL _YÜAN_ FROM JULY 1937 TO JUNE 1940[1]

[Footnote 1: Continuation of Appendix I (E), p. 313; this comprises folios 5-A to 9-A with chart.]

THE READJUSTMENT:

Since the outbreak of war, the _Yüan_, together with other offices of the Government, was moved from Nanking to Chungking. In order to adapt itself to the circumstances, its organization was readjusted. A "Board of Legislative Study" was established, while the six sections of General Affairs, Editing, Book-Collection, Printing, Receipt and Transmission,[2] and Archive, all subordinate to the Secretariat, were merged into four departments. Moreover, a "Committee on Administrative Procedure" and two new sections, called the first and the second, were added to the main body of the _Yüan_.

[Footnote 2: A formal agency for the receipt and registry of incoming communications, and of verification and transmission of outgoing ones.]

THE FUNCTIONS:

| Impeachment------ | Acceptance of Popular | | | Petitions Functions | Censure | | Established--| -----| Inquiry and by Law | Proposition | Examination | | | Supervision of | Emergency Relief | Examinations | Measures | | | Audit | Interpellation

THE PRESENT ORGANIZATION:

The Control _Yüan_ | |Committee on Administrative Procedure | |First Department [of the _Yüan_] | |Secretariat-------|Second Department The _Yüan_--|Advisers' Office |--------------------Office for Review Meeting |Board of |Third Department | Legislative |--------------------Special Delegates' | Study |Fourth Department Office |Office of |First | Regional Control | Section |Accounting--|Office of | Commissioners |----------| Room | Accounting |Ministry of Audit |Second | and | | Section |Statistics--| Statistics | |----------| Room ------------------- |President's Office | | |Office for the Receipt of Petitions Auditing Offices Auditing of Provinces Sub-Office

THE WORK:

1. Acceptance of people's petitions and investigations: Number of petitions received in this period.... [Number is omitted from original report.] Number of cases in which delegates were sent out to investigate.... [Number omitted.] Number of cases in which other offices were charged to investigate.... [Number omitted.]

(Those petitions which were either outside the function of control or false in the description of facts were remarked upon and preserved by the committees.)

2. Motions: Number of impeachments moved 121 Number of censures moved 149 Number of propositions moved 234 3. Supervisions of Civil Service Examinations: Number of Higher Examinations supervised 2 Number of Common Examinations supervised 5 Number of Special Examinations supervised 34 4. Supervisions of the relief of sufferers from natural calamities: Total number 5 5. Inspections: [A detailed enumeration of inspections performed and results accomplished is here omitted.] 6. Cooperation with other offices: [The detailed summary is omitted.]

THE MINISTRY OF AUDIT:

The functions of audit, as performed by the Ministry of Audit, are founded upon the Auditing Act. The old Auditing Act, however, is too tradition-bound and therefore inconvenient. The necessity of revision is especially pressing in war-time. In the spring of 1938, the Ministry prepared a draft Act and submitted it to the Legislative _Yüan_. The latter adopted this and published a New Auditing Act. According to the New Auditing Act, the Ministry is charged with three functions of internal checking (interior auditing), auditing (post-auditing) and supervision. These functions include:

_i._ Supervision of the execution of the budgets; _ii._ Scrutiny of orders of receipt and payment; _iii._ Scrutiny of computations and balance sheets; _iv._ Control of illegal or unfaithful conduct in financial affairs.

Two merits of the New Auditing Act should be mentioned. In the first place, emphasis has been laid upon visiting auditing. For instance, the work of internal checking is not limited to the supervision of the receipts and disbursements of the State Treasury by the scrutiny and indorsement of the receiving and paying orders; but even receiving and paying vouchers of Government offices have been made ineffective, unless scrutinized and indorsed by auditors stationed in the offices by the Ministry. Owing to the vastness of the area of China, and owing also to the limited number of workers available in this line, this system is not universally applicable. Only offices in which the work of receiving and paying is especially heavy find such auditors present. As for auditing, the Government offices were formerly obliged only to submit to the Ministry accounting reports which they themselves had prepared. It is different now. The New Act ordains that auditors should be sent out periodically by the Ministry to visit the Government offices and scrutinize their books and vouchers. Or in each year, some offices should be selected to be thus scrutinized. The duties of supervision were not clearly defined, but they now include the following items: (_a_) the supervision of the revenue and expenditures of the offices; (_b_) the scrutiny of cash, bills, and bonds in the offices; (_c_) the supervision of the construction of buildings and of the purchase or sale of the property attached to the offices; (_d_) the supervision of the drawing and repayment of bonds and the destruction of bonds returned; (_e_) joint-administration with the financial departments of other offices; and (_f_) the scrutiny of other administrative affairs related to finance.

Secondly, the New Auditing Act ordains that the Ministry of Audit is directly responsible for the auditing of financial affairs of the offices of different ranks of the Central Government, while that of the local governments is under the charge of local auditing offices, subordinate to the Ministry.

[A detailed narrative of the war-time work of the ministry is omitted.]

Before the outbreak of war, the Ministry had established auditing offices in the Provinces of Kiangsu, Chekiang, Hupeh, Shensi and Honan and in the city of Shanghai, and one sub-office for the Tientsin-Pukow Railway. The office of Shanghai concurrently took charge of the auditing affairs of the Nanking-Shanghai Railway; and that of Hupeh, the affairs of the Peiping-Hankow Railway. In 1938 the offices of Hunan, Kweichow and Szechwan were established. In July 1939, a conference of auditors was held in Chungking. All auditors sent out now returned to attend it. They reported on their work, assisted the auditors in the Ministry, and discussed with them the directions of war-time auditing. In October, Mr. Lin Yün-kai, the Minister of Audit, visited Szechwan, Shensi, Kansu, and Chinghai to inspect the audit work going on in Shensi and Szechwan and at the same time to examine the local financial conditions as a step toward the extension of the auditing system.

In the spring of 1939, the Ministry prepared "An Outline for the Execution of War-time Audits" which was passed and enacted by the Supreme National Defense Council. There are eleven items, to be carried out in several periods, in this outline. A part of them are required by the New Auditing Act, while the rest are the new work arising from the war. They are as follows:

_a._ Auditing prefectural [_hsien_] finance: A prefecture, on the authority of Dr. Sun Yat-sen's Constitution, is the unit of self-government; and whenever the self-government is accomplished, China becomes constitutional. This being the case, the prefectural finance actually concerns the future of the country and the people. Therefore, beginning from 1939, the Ministry introduced the auditing of prefectural finance. It ordered the provincial offices to have the prefectures make monthly reports on their revenue and expenditure. The reports should be submitted to the provincial auditing offices which will also send out delegates to scrutinize the accounting records of some selected prefectures as well as to investigate the prefectural financial organizations, the taxation system, and the sorts of taxes. Up to June 1940, there have been 84 prefectures selected for such investigation.

_b._ The auditing of the Central Government Offices in the provinces and cities where no auditing offices have been established: In such cases, the Ministry has appointed the auditing offices of neighboring localities to take charge. But the Ministry has taken over the auditing affairs of Chungking for the moment. Meantime, plans have been made to establish auditing offices in Kwangsi, Fukien, etc.

_c._ The auditing of the receipts and disbursements of public treasuries: Since October 1939, when the Public Treasury Act came into force, the Ministry has sent delegates to the State Treasury Bureau to scrutinize and indorse the accounting vouchers, and the provincial offices have sent delegates to Provincial Treasuries as well.

_d._ The auditing of special funds: As a rule, the institutes in charge of special funds have from time to time submitted their reports on their receipts and disbursements to the Ministry. Since 1939, the Ministry has also sent delegates to examine strictly these funds.

_e._ Itinerant auditing: The present economic conditions do not permit the Ministry to establish auditing offices in all the government-owned concerns. But itinerant auditing, after the model of circuit courts, has been introduced since 1939. The Suchow-Kunming and Yünnan-Burma Railways have been thus examined. The provincial offices have also applied this system to the business offices.

_f._ The visiting auditing: The system of visiting auditing has been developed gradually. Delegates have been stationed in Sufferers' Relief Committee, City Government of Chungking, Ministry of Finance, Ministry of Economics, and Ministry of Communications. Other delegates have been sent out to visit some selected offices who have submitted their accounting reports.

_g._ The supervision of the revenue of government offices: Salt Tax and Commodities Tax have been scrutinized.

_h._ The supervision of clothing, provisions, and other military supplies: Since the outbreak of war, the amount of clothing, provisions, etc. purchased by the military authorities has greatly increased. The delegates from the Ministry are always present on the occasions of signing contracts, announcing the bids, deciding the winning bidder, and delivering the goods. If the supplies are purchased in the provinces, the provincial offices are in charge of the supervision.

_i._ The supervision of mass purchase and constructions: The delegates from the Ministry or its provincial offices are always present on the occasions of signing contracts, announcing the bids, deciding the winning bidder, and delivering the goods or completing constructions when there are any mass purchases or sales of government-owned property or any construction work.

_j._ The financial scrutiny of the war-time provisional organizations: There are huge sums of receipts and disbursements in such organizations as the "Joint Emergency Air Raid Relief Office of Chungking" and the general office of the "National Committee for Soldiers' Comfort," so that their auditing affairs are made the charge of the delegates from the Ministry.

_k._ The supervision of the payment, preservation, and usage of contributions of all sorts: National Salvation Bonds, Aviation Contribution, and all other contributions donated by the Chinese at home and abroad have been scrutinized by the Ministry delegates.

Many considerable results have been achieved since the execution of the above items from January 1939, to date. The "Auditing Plan for 1941" has already been prepared by the Ministry. When it is passed by the Supreme National Defense Council, it will come into force from January of next year.

_G._ REGULATIONS CONCERNING THE ORGANIZATION OF THE VARIOUS CLASSIFICATIONS OF _HSIEN_[1]

[Footnote 1: Chung-yang Hsün-lien T'uan [Central (Kuomintang) Training Corps], _Hsien Ko-chi Tzŭ-chih Kang-yao_ [Regulations Concerning the Organization of the Various Classifications of _Hsien_], Chungking, XXVIII (1939); these regulations are also found in Chung-yang Hsüan-ch'uan Pu [Central Publicity Board], _Hsien-cheng yü Ti-fang Tzŭ-chih_ [Constitutional Government in Relation to Local Self-Government], Chungking, XXVIII (1939), p. 37-44.]

These laws, a fundamental charter for local self-government, were approved and promulgated by the 14th Regular Meeting of the Supreme National Defense Council, August 31, 1939. For the Generalissimo's lecture on the same subject, see Appendix III (C), p. 388.

A. GENERAL PRINCIPLES

1. Each _hsien_ is a self-administrative unit. Its size and area are determined by customs and history but subject to the demarcation of the National Government.

2. There are three to six classes of _hsien_, classified according to area, population, and conditions of economy, culture, and communications. The classifications are to be worked out by the Provincial Government and subject to the approval of the Ministry of Interior.

3. Regulations governing _hsien_ administration are to be promulgated by the National Government.

4. Each _hsien_ is divided into _hsiang_, and each _hsiang_ is further divided into _pao_ and _chia_. If a _hsien_ is too large, it may be first divided into _ch'ü_ to be under the charge of several bureaus. Education institutions, police, public health and tariff offices should be distributed in accordance with above-mentioned divisions.

5. Each _hsien_ and each _hsiang_ is a legal person.

6. At the age of twenty, a man or woman of Chinese nationality, after living in the _hsien_ for six months or more, or having possessed a residence for more than one year, is qualified as a citizen of that _hsien_. He or she has the right of suffrage, recall, initiative, and referendum in this _hsien_. The following persons are disqualified:

_a._ Those who are deprived of citizenship by the National Government.

_b._ Those who owe governmental money.

_c._ Those who have been imprisoned for [political] corruption[2] or forgery.

_d._ Those who are not allowed to possess personal property.

_e._ Those who are opium or other poisonous smokers.

[Footnote 2: The practice termed _squeeze_ on the coast.]

B. THE _Hsien_ GOVERNMENT (_hsien chêng-fu_)

7. There shall be one magistrate (_hsien-chang_) for each _hsien_. His duties are:

_a._ To supervise the local administration of the whole _hsien_ under the control of the Provincial Government.

_b._ To carry out Provincial or Central Government orders under the supervision of the Provincial Government.

8. The _Hsien_ Government consists of the following departments:

_a._ Civil Affairs Department.

_b._ Financial Department.

_c._ Educational Department.

_d._ Reconstruction Department.

_e._ Land Affairs Department.

_f._ Social Affairs Department.

The number of departments and the distribution of functions are determined by the Provincial Government in accordance with the class and necessities [of the _hsien_], and registered with the Ministry of the Interior.

9. In the _Hsien_ Government there are to be secretaries, department heads, advisors, police officers, clerks and technicians. The number of such staff and their salaries are to be determined by the Provincial Government and subject to the approval of the Ministry of the Interior.

10. The examination, training, appointing, and discharging of a magistrate or of general staffs are to be done according to the promulgated National law.

11. There shall be a _Hsien_ Council (_hsien chêng hui_) which is to be convened every two weeks. The following matters should be settled in this Council:

_a._ Cases brought out by the _Hsien_ People's Council.

_b._ Other important matters concerning _hsien_ policies.

(The regulations governing the _Hsien_ Council are promulgated by the Ministry of the Interior.)

12. The _Hsien_ Council meeting can be held before the establishment of the _Hsien_ People's Council.

13. Regulations concerning a _hsien_ shall be drafted by the Provincial Government and submitted to the Executive _Yüan_ for its approval through the Ministry of the Interior.

Any organizations which are not mentioned in the regulations should not be established.

14. Regulations governing the _hsien_ administration shall be drafted by the Provincial Government and registered in the Ministry of the Interior.

C. THE _Hsien_ PEOPLE'S COUNCIL (_hsien ts'ang-chêng hui_)

15. The _Hsien_ People's Council is organized by the members of the Council who are elected from People's Representative Committee. Each _hsiang_ elects one member. Representatives of public organizations may be recognized as members, but the number of such members should not comprise more than one-third of the whole Council.

16. The chairman of the Council should be elected from its members.

17. The bylaws and the duties of the Council shall be dealt with separately.

D. FINANCES OF A _Hsien_

18. _Hsien_ revenue consists of the following items:

_a._ Part of the land tax. _b._ Surtax on the land tax. _c._ Thirty per cent of the stamp tax. _d._ Taxes on land after improvement. _e._ Part of the business taxes. _f._ Income from public properties. _g._ Income from public enterprises. _h._ Other legal taxes.

19. Funds required for the execution of Provincial Government orders shall be provided from the National Treasury or the Provincial Treasury. Local collection of such funds is prohibited. _Hsien_ which are financially self-sufficient may resort to their own treasuries to meet educational and administrative expenses. _Hsien_ with scanty population and most of their area uncultivated may be subsidized by both the Provincial and National Treasuries.

20. Extra expenses for reconstruction shall be collected by a means of floating loans with the approval of the _Hsien_ People's Council and the Provincial Government.

21. The incomes and expenses of the _hsien_ proper shall be the independent responsibility of the _Hsien_ Government.

22. If the _Hsien_ People's Council has not been established, the budgets and financial statements shall be examined by the _Hsien_ Council and then submitted to the Provincial Government by the Magistrate.

23. After the establishment of the _Hsien_ People's Council, the budgets and the financial statements shall be examined by this Council first and then be submitted to the Provincial Government. In case of emergency the Magistrate may submit such documents to the Provincial Government directly.

E. _Ch'ü_

24. Each _ch'ü_ is constituted by fifteen to thirty _hsiang_.

25. The _Ch'ü_ Bureau, a subsidiary office of _hsien_, represents the _Hsien_ Government to perform the educational and administrative work. If the _hsien_ is not divided into _ch'ü_ then this work is done by the special officers sent by the _Hsien_ Government.

26. There shall be one _Ch'ü_ Chief (_ch'ü-chang_) and two to five advisers in each _ch'ü_. Their duties are to take charge of civil, reconstruction, educational and military affairs. They shall be trained and examined before appointment.

27. There shall be police stations in each _ch'ü_ under the supervision of the _Ch'ü_ Chief.

28. A Rural Reconstruction Committee is to be formed in a _ch'ü_. The members of this committee shall be elected from among the popular persons in that _ch'ü_. The _Ch'ü_ Chief shall concurrently be Chairman of the Committee.

F. _Hsiang_[3]

[Footnote 3: In some areas termed the _chên_.]

29. Each _hsiang_ is constituted by six to fifteen _pao_. [See Art. 45 _ff._]

30. Systems of _hsiang_ and _pao chia_ are to be worked out by the _Hsien_ Government and submitted to the Provincial Government. They must be registered with the Ministry of the Interior.

31. There shall be one _Hsiang_ Chief (_hsiang-chang_) and one to two Assistant Chiefs (_fu-hsiang-chang_) in each _hsiang_ office. They shall be persons possessing the following qualifications:

_a._ Those who have passed the ordinary examinations.

_b._ Those who have served in the Delegated Appointment[4] capacity.

_c._ Those who have graduated from Middle and Normal schools.

_d._ Those who have contributed service for the public good.

[Footnote 4: A level in the National civil service.]

32. There shall be four sections in each _hsiang_ to take charge of the civil, economic, educational affairs and police service. Each section has one chief and several secretaries. One of the secretaries shall take charge of controlment. The _hsiang_ staff shall be selected from among the primary school teachers. If the _hsiang's_ financial resources are insufficient these sections may be amalgamated into one office.

33. The tenure of _Hsiang_ Chiefs shall be two years, with permissible re-election.

34. The offices _Hsiang_ Chief, the headmaster of the primary school, and officer of militia[5] may be delegated to one person. If the _hsiang_ possesses sufficient financial resources, the headmaster of the primary school shall not be allowed to hold other office.

[Footnote 5: _The chuang-ting-tui tui-chang_, heading a local force of able-bodied citizens; the regular rank is not specified.]

35. Plans initiated by the _hsiang_ itself must be passed by the _Hsiang_ Council meeting before they are adopted.

36. The _Hsiang_ Chief shall act as the chairman of the Hsiang Council Meeting. Every section chief is required to attend the Meeting. The _pao_ chiefs must also attend this Meeting.

37. The procedure of training of _Hsiang_ Chiefs and other _hsiang_ staff shall be dealt with separately.

G. THE _Hsiang_ PEOPLE'S COUNCIL

38. The members of the _Hsiang_ People's Council shall be elected from the _Pao_ People's Council. Each _pao_ shall elect two members.

39. The _Hsiang_ Chief may act as the chairman of the _Hsiang_ People's Council provided that he has been elected by the Council as the Chief.

40. The bylaws and the duties of the _Hsiang_ People's Council shall be dealt with separately.

H. FINANCE OF THE _Hsiang_

41. The _hsiang's_ revenue consists of the following items:

_a._ All legal taxes.

_b._ Income from public properties.

_c._ Income from public enterprises.

_d._ Subsidiary funds.

_e._ Special incomes to be collected with the approval of the _Hsien_ Government.

42. The procedure of purchasing properties shall be dealt with separately.

43. The bylaws of the _Hsiang Treasury_ Committee shall be dealt with separately.

44. The financial report prepared by the _hsiang_ office shall be submitted to the _Hsien_ Government. The expenses of the _hsiang_ shall be included in the _hsien's_ financial report after audit.

I. _Pao_ AND _Chia_

45. Each _pao_ is constituted of six to fifteen _chia_.

46. Public primary schools, cooperatives, and warehouses[6] shall be established within two or three _pao_ where the population is dense. The _Pao_ Chief shall be in charge of these institutions. Reserves of each _pao_ shall be trained separately.

[Footnote 6: In Far Eastern English parlance, _godown_.]

47. There shall be one _Pao_ Chief (_pao-chang_) and one assistant _Pao_ Chief (_fu-pao-chang_) in each _pao_. They are elected by the _Pao_ People's Council. And they must be chosen from among persons with the following qualifications:

_a._ Those who have graduated from middle schools.

_b._ Persons who have worked more than one year in Government.

_c._ Those who have been specially trained.

_d._ Those who are active in social work.

Before the time of election, the _Pao_ Chief may be recommended by the _hsiang_ office to the _Hsien_ Government for appointment.

48. The tenure of the _Pao_ Chief shall be two years; he may be re-elected.

49. The offices of _Pao_ Chief, headmaster of the _pao_ primary school, and militia officer may be delegated to one person. When the _pao's_ financial resources are sufficient the headmaster is not allowed to hold other office.

50. There shall be two to four secretaries in each _pao_ to take charge of the political, educational, cultural affairs, and police service. The _pao_ staff shall be elected from among the primary school teachers. If the _pao's_ financial resources are not sufficient, there shall be only one person to take care of all these activities.

51. The procedure of training of the _pao_ office staff shall be dealt with separately.

52. One representative of each family is required to be present at the _Pao_ People's Council (_pao-min ta-hui_) meeting. The bylaws and the duties of this council shall be dealt with separately.

53. Each _chia_ consists of six to fifteen families.

54. There shall be one _Chia_ Chief (_chia-chang_) in each _chia_. He is elected by the Family Chiefs Council and is registered with the _hsiang_ office through the _pao_.

55. There shall be established a Family Chiefs Council and _Chia_ People's Council in each _chia_.

56. The old names of the streets may be used as the names of _pao_.

57. The bylaws of _pao_ and _chia_ shall be dealt with separately.

58. The controlment procedure for _pao_ and _chia_ shall be dealt with separately.

59. The present bylaws shall become effective after the date of promulgation.

60. If any item in these regulations conflicts with the National laws, it shall be null.

_H._ A CHART OF GOVERNMENT ORGANIZATION

The chart facing this page is a composite of various official charts to which the author was allowed access in Chungking. Revisions cover changes down to the opening of 1941.

[KUOMINTANG: SUPREME NATIONAL DEFENSE COUNCIL]

NATIONAL GOVERNMENT OF CHINA: STATE COUNCIL | | Election Committee on Representation Office of the in the People's Congress Comptroller-General Academia Sinica Office of Civil Affairs Commission for the Disciplinary Office of Military Affairs Punishment of Public Officials Planning Committee for the Western Capital

THE PRESIDENT OF THE NATIONAL GOVERNMENT | ----------------------------------------- | |-|Military---Generalissimo---| Department of Military Operations | |Affairs Commission | Department of Military Training | |Commission Meeting | Directorate-General of Courts | | | Martial | | | Pensions Commission | General Staff | Military Advisory Council | | | Administration of Personnel | | | Service Department | Armed Forces | The National Aviation Commission | | Office of the Naval | | Commander-in-Chief | |-| Party and Government War Area | | | Commission--Occupied and | | | Guerrilla Areas | | |-Political Department | | | Ministry of War |-People's Political | | Council | |-Provincial | |-| Ministry of | Governments | | Foreign Affairs | Local | | Ministry of the | Governments | | Interior--------| |-Executive---_Yüan_ Meeting--| Ministry of Finance |-Special | _Yüan_ [Cabinet] | Ministry of Economic Municipalities | | Affairs [to be | | reorganized] | | Ministry of Social Affairs [pending] | | Ministry of Education | | Ministry of Communications | | Ministry of Agriculture and Forestry | | Commission on Mongolian and | | Tibetan Affairs----------Mongolia | | and Tibet | | Commission on Overseas | | Chinese Affairs | | National Relief Commission | | Material and Resources Control and | Supervisory Ministry [in process | of organization] |-Legislative---_Yüan_ Meeting | _Yüan_ | |-Judicial---_Yüan_ Meeting---| Ministry of Justice | _Yüan_ | Supreme Court | | Administrative Court | | Commission for the Disciplinary | Punishment of Public Officers | |-Examination--_Yüan_ Meeting--| Examination Commission | _Yüan_ | Ministry of Personnel | |-Control----_Yüan_ Meeting---| Ministry of Audit _Yüan_ | Office of Regional Control Commissioners

APPENDIX II. DOCUMENTS ON PARTY POLITICS

_A._ A CHART OF KUOMINTANG ORGANIZATION

The chart facing this page is a composite of various official charts to which the author was allowed access in July and August 1940.

KUOMINTANG PARTY CONGRESS | PARTY CHIEF | |----------| | |----------------------| | | | Central Control Central Executive----[Central-----Supreme National Committee Committee Political Defense Council Standing Committee Standing Committee Council] | | | --------------------------------------------------- Government | | | | Training Party Affairs _San Min Chu I_ | Committee Committee Youth Corps | | | General Affairs Section | Advisory Section | Planning Section | Training Section | | --------------------------------------------------------- | | | | | | | | | OTHER | PARTY-MINISTRY OF | Provincial | | | CENTRAL AFFILIATES | OVERSEAS CHINESE | Party Organ | | | SECRETARIAT | AFFAIRS | | | | | | | | | | | | | Statistics Bureau SPECIAL First Section | _Hsien_ (or | | | Confidential COMMITTEES Second Section | Municipal) | | | Affairs Section | Third Section | Party Organ | | | Finance Section | | | | | | Business Section Revolutionary Achievements | | | | | Investigation Committee | District | | | Pension Committee | (_ch'ü_) | | PARTY-MINISTRY OF Party History Committee | Party Organ | | ORGANIZATION Revolutionary Loans Committee | | | | | Overseas Chinese Contributions | | | | Regular Party Committee | Sub-district| | Affairs Section |------------------| (_ch'ü-fên_)| | Special-Area Party | Party Organ | | Affairs Section PARTY-MINISTRY | | | Army Party Affairs OF SOCIAL | | | Section AFFAIRS Small Group | | Party-Members Regi- | | | | stration Section Section for People's Organizations | | | General Affairs Social Movements Section PARTY | | Section Editing Section MEMBERSHIP | | Inspection Office General Affairs Section | | | | |------------------------| |-------| | | PARTY-MINISTRY OF WOMEN'S AFFAIRS PARTY-MINISTRY [in process of organization] OF PUBLICITY | |------------------------------| | | Publicity Advisers Publicity Advisory The Central News Agency Section Party Press International Publicity The Central Motion Picture Studios Section The Central Broadcasting Newspaper Section Administration Section Motion Picture Section General Affairs Section

_B._ CONSTITUTION OF THE SAN MIN CHU I YOUTH CORPS, YEAR XXVII (1938)[1]

[Footnote 1: San-min-chu-i Ch'ing-nien T'uan Chung-yang T'uan-pu [_San Min Chu I_ Youth Corps Central Corps Headquarters], _San-min-chu-i Ch'ing-nien T'uan T'uan-chang_ [Corps Constitution of the _San Min Chu I_ Youth Corps], Chungking, n.d.]

Proclaimed June 16, 1938, amended by the Fourth Meeting of the Corps' Provisional Central Managing Board, July 17, 1939, this is the fundamental charter of the most significant Kuomintang auxiliary to appear in many years.