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  • Interpretation
  • No.20
  • Date
  • 1953/07/10
  • Issue
    • Are cadres of a local political party or medical personnel of a state-run hospital "public offices" within the meaning of the Article 103 of the Constitution?
  • Holding
    •        Provincial (political) party headquarters and women’s provincial working committees are civil organizations, so naturally their director and trustee positions are not the so-called public offices in accordance with Article 103 of the Constitution. As to medical personnel, since their practice is dependent upon the obtaining of a license and is under the constant supervision of authorized government agencies, their business is clearly incompatible with the control power and should be regarded as a profession as indicated in the same provision. Public hospitals are state or local medical agencies whose director and doctors hold public offices and are subject to the restriction of the same provision.
      
    • *Translated by Professor Andy Y. Sun.
  • Reasoning
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