Explanation on draft amendment to electoral law
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III. Main Contents of the Draft Amendments to the Electoral Law
1. Electing deputies to the people's congresses based on the same population ratio in urban and rural areas
In accordance with China's state system and political structure, the following principles and requirements shall be reflected in electing deputies to the people's congresses based on the same population ratio in both urban and rural areas. One, to guarantee the equal right of all citizens to vote. Electing deputies based on the same population ratio in urban and rural areas reflects equality among people. Two, to guarantee the equal right of all localities to participate in the organs of state power. Every administrative area, regardless of the size of its population, should have the same base number of deputies and be able to elect a fixed number of deputies to reflect equality among regions. Three, to guarantee an appropriate number of deputies for every ethnic group. Ethnic groups with the smallest populations must also have one deputy in order to reflect equality among ethnic groups. These "three equalities" are intrinsic requirements of China's state system and political structure and are an organically integrated whole. We cannot emphasize anyone of them while ignoring the other two. Furthermore, appropriate consideration should be given to those regions where representative figures in all sectors of society are relatively concentrated.
In view of the above, we propose that the provisions in Article 16 of the Electoral Law on the allocation of the number of deputies to the NPC be revised to read, "The number of deputies to the National People's Congress shall be allocated by its Standing Committee on the basis of the population of each province, autonomous region and municipality directly under the central government, and in accordance with the principle that each deputy represents the same number of urban or rural people and the requirement guaranteeing an appropriate number of deputies for every region, ethnic group and sector of society." "The number of deputies to the National People's Congress to be elected from a province, autonomous region or municipality directly under the central government shall be determined by the size of its population, the base number which is the same for every region, and the number of deputies that should be elected for other reasons." "The specific allocated number of deputies to the National People's Congress shall be decided by its Standing Committee." (Article 6 of the draft amendments)
Articles 12, 13 and 14, which prescribe the allocated number of deputies to the local people's congresses, are merged as one article and are revised to read, "The number of deputies to local people's congresses shall be allocated by the standing committees of people's congresses or the election committees at the same level on the basis of the populations of the administrative areas at the next lower level or the populations of the electoral districts in their own administrative areas and in accordance with the principle that each deputy represents the same number of urban or rural people and the requirement guaranteeing an appropriate number of deputies for every region, ethnic group and sector of society. In people's congresses of counties and autonomous counties, there shall be at least one deputy representing townships, ethnic minority townships, or towns with an exceptionally small population." "The measures for allocating the number of deputies to the local people's congresses shall be formulated respectively by the standing committees of people's congresses of provinces, autonomous regions and municipalities directly under the central government according to the measures for allocating the number of deputies to the National People's Congress and based on their specific local conditions."(Article 5 of the draft amendments)
The provisions of Article 25 on the number of people represented by each deputy directly elected from an electoral district, is revised to read, "The number of people represented by each deputy from an electoral district in a given administrative area shall generally be the same." (Article 7 of the draft amendments)
It should be explained here that a two step solution has been taken to solve the problem of allocating the number of deputies to the NPC, which is related to electing deputies to people's congresses based on the same population ratio in urban and rural areas. The first step is to concentrate efforts, and amend and improve the Electoral Law well. The second step is, after amendments to the Electoral Law are completed, to scientifically and rationally allocate the number of deputies to the NPC according to the principles determined by the Electoral Law, on the basis of widely solicited opinions, after overall consideration, and as decided by the NPC Standing Committee.
2. Other main contents of the draft amendments to the Electoral Law
1) On the generality of representation of deputies to the people's congresses
Some members of the NPC Standing Committee and some localities have suggested that it should be further clarified that among deputies to the people's congresses at all levels there are a certain number of deputies who are workers, farmers and intellectuals at the primary level. In view of the above, we propose the following provision be added: "Deputies to the NPC and the local people's congresses shall be broadly representative, and there shall be an appropriate number of deputies at the primary level, especially from among workers, farmers and intellectuals." (Article 1 of the draft amendments)
2) On election institutions
Some localities and some deputies have pointed out that election committees are the organizing and leading bodies for the election of deputies to people's congresses at the county and township levels, and they play a vital role in the direct election. 'These localities and deputies also suggest further improving the organizational bodies for elections in accordance with the Provisions for the Direct Election of Deputies to the People's Congresses at or Below the County Level which was adopted by the NPC Standing Committee in 1983. On these grounds, we propose a chapter entitled "Organizational Bodies," which provides specific provisions on the creation, withdrawal, duties, and work requirements of election committees, be added as Chapter II. (Articles 2 and 3 of the draft amendments)
3) On the numbers of deputies to people s congresses of townships and towns
Some localities have pointed out that in recent years large-scale mergers of townships and towns have taken place in some areas and the populations of townships and towns have increased considerably, with some having populations of more than 100,000 or even 200,000 people. The total number of deputies to people's congresses of townships and towns should not exceed 130, as stipulated in the Electoral Law, is clearly too low. In view of the above, we propose to raise the upper limit of the number of deputies to the people's congresses of townships and towns, and revise subparagraph 4 of paragraph 1 of Article 9 of the Electoral Law on the upper limit of the number of deputies to the people's congress of a township or an ethnic minority township or town. The provision which reads, "the total number of its deputies shall not exceed 130" is revised to read, "the total number of its deputies shall not exceed 160." (Article 4 of the draft amendments)
4) On the issues of personal information of deputy candidates and of deputies representing two regions
In light of new situations and problems arising during local electoral practices, some deputies and relevant departments have suggested that it should be clearly stipulated that deputy candidates to the people's congresses must submit such information as whether they have obtained a permanent right of abode in a foreign country or a foreign nationality; and that relevant measures should be stipulated for dealing with the case where a deputy provides untruthful personal information, to ensure the voters' or deputies' access to genuine information. It should also be clarified whether a citizen can be a deputy to two people's congresses of different regions. In view of the above, we propose two provisions be added. The first reads, "Recommended candidates for deputies shall provide basic information such as personal identification and a curriculum vitae to the election committee or the presidium of the people's congress. Where a deputy provides untruthful basic information, the case shall be announced to the voters or other deputies." (Paragraph 1 of Article 8 of the draft amendments) The second reads, "A citizen shall not be deputy to two or more people's congresses in administrative areas which are not subordinate to each other." (Article 16 of the draft amendments)
5) On the number of recommended deputy candidates
Some localities have pointed out that when political parties and people's organizations jointly or separately recommend deputy candidates, there are different understandings in practice and different methods regarding whether the number of recommended candidates should be decided on the basis of a competitive election or single-candidate election, and that this should be clarified. In view of the above, we propose the following provision be added: "The number of deputy candidates recommended by political parties and people's organizations either jointly or separately, or by each voter or deputy through signing up as a group for recommendation, shall not exceed the number of deputies to be elected in the electoral district or electoral unit." (Paragraph 2 of Article 8 of the draft amendments)
6) On meetings between deputy candidates and voters
Some localities have pointed out that in primary-level elections, introductions to the backgrounds of deputy candidates are too brief, which affects the enthusiasm of voters. They suggest strengthening the organization of meetings between deputy candidates and voters to increase voters' understanding of deputy candidates. In view of the above, we propose that the relevant provisions of Article 33 of the Electoral Law be revised to read, "Election committees shall, upon request of voters, arrange meetings between deputy candidates and voters to allow deputy candidates to introduce themselves and answer voters' questions." (Article 11 of the draft amendments)
7) On guaranteeing the right to vote of voters and deputies
In light of violations of statutory procedures arising during primary-level elections, such as preventing voters and deputies from freely exercising their right to vote, some localities have pointed out that we should emphasize that electoral work must strictly abide by electoral procedures to guarantee voters and deputies can exercise their right to vote in accordance with the law. In view of the above, we propose the following provision be added: "The election of deputies to the National People's Congress and local people's congresses shall be conducted strictly in accordance with statutory procedures and be subject to supervision. No organization or individual shall, by any means, interfere with voters or deputies in freely exercising their right to vote," (Article 12 of the draft amendments)
8) On organization of the election procedures for voting during direct elections
Some localities have pointed out that in order to facilitate voters in exercising their right to vote, the setup of polling stations and convening of election meetings should be further standardized and the management of mobile polling boxes should be improved. In view of the above, we propose the following provision be added: "Election committees shall set up polling stations and conduct elections based on the distribution of voters in each electoral district and in accordance with the principle of facilitating voters to vote. If the voters live in a relatively concentrated area, the election committee may hold an election meeting to conduct the election. Voters who have difficulty moving around due to illness or other reasons, or who are dispersed over wide areas and transportation for them is inconvenient may cast their votes in mobile polling boxes." (Paragraph 2 of Article 13 of the draft amendments)
9) On the procedures for accepting the resignation of deputies
Article 49 of the Electoral Law stipulates the procedures for deputies to resign. Some localities have pointed out that the Electoral Law fails to stipulate who should accept deputies' resignation and which procedures should be followed when deputies resign; therefore, there is no unanimous practice among localities. They suggest relevant supplementary provisions be added. In view of the above, we propose the following provision be added as related supplementary content. With regard to deputies to the people's congresses elected through indirect elections, "The acceptance of resignations by standing committees shall be subject to a majority vote by their members. Resolutions on accepting resignations shall be submitted to the standing committee of the people's congress at the next higher level for the record and for announcement." With regard to resignations of deputies to the people's congresses at the county or township level, the standing committees of the people's congresses at the county level or the people's congresses of townships may respectively accept their resignations. "The acceptance of resignations by standing committees of the people's congresses at the county level shall be subject to a majority vote by standing committee members. The acceptance of resignations by people's congresses of townships shall be subject to a majority vote by deputies to the people's congress. After resignations are accepted, an announcement shall be made."(Article 19 of the draft amendments)
10) On investigating and dealing with behavior that disrupts elections Some members of the NPC Standing Committee and some localities have suggested that in order to promptly and effectively investigate and handle violence, threats, corruption and other behavior that disrupts elections, the organ responsible for investigating and handling such matters and its duties should be clarified. In view of the above, we propose the following provision be added: "The organ presiding over the election or other relevant organs shall, upon finding or receiving a report on acts disrupting an election, investigate and deal with the cases in a timely manner in accordance with the law; where necessary, they shall transfer such cases to the departments concerned for handling." (Article 20 of the draft amendments)
In addition, on the basis of suggestions from some localities and relevant sectors of society, the draft amendments make supplementary improvements to such content as the construction of confidential polling booths, and that a person entrusted to vote on behalf of another person should obey that person's voting wish.
One more issue requires explanation here. Some members of the NPC Standing Committee and localities have proposed that explicit provisions be made on the issue of how the floating population, composed mainly of rural migrant workers in cities, participate in direct elections in the counties or towns where they work. After researching this issue, we believe it involves many areas and is complex. Reform of the residence registration system is proceeding, and the conditions are not yet in place to solve this issue; therefore, the amendments to the Electoral Law will not make provisions at this time. Localities may, in accordance with the guiding principles of the documents regarding the work on elections for new terms of office in people's congresses, take effective measures to ensure the right of the floating population, such as rural migrant workers in cities, to vote and to stand for election.
Fellow Deputies,
In accordance with the principle of "three equalities" and the realities of China's economic and social development, electing deputies to the people's congresses based on the same population ratio in urban and rural areas is an important step in upholding and improving the system of people's congresses and also a major move in developing socialist democratic politics. It will further guarantee the right of urban and rural residents to vote on an equal footing, and promote the continued development of human rights in China. It carries profound historical significance in fully bringing into play the enthusiasm of all sectors of society, in making a unified plan for the balanced development of urban and rural areas, and in promoting social harmony. Let us deliberate the draft amendments to the Electoral Law with a high sense of political responsibility and mission.
I invite you to deliberate the Draft Amendments to the Electoral Law of the National People's Congress and local People's Congresses of the People's Republic of China as well as the above explanation.
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