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China's Electoral System and its NPC Deputies

浏览字号:        日期: 2016-02-01       【打印本页】  【关闭窗口】

 

There are five central and local levels of people's congresses in China. They are the National People's Congress, the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government, the people's congresses of cities divided into districts and autonomous prefectures, the people's congresses of cities not divided into districts, municipal districts, counties and autonomous counties, and the people's congresses of townships, ethnic minority townships and towns. The people's congresses at all levels are constituted through democratic elections.

The basic points of China's electoral system are:

-- All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic background, race, sex, occupation, family background, religious belief, educational level, property status or length of residence. People who have been deprived of their political rights according to law do not have the right to vote and stand for election. One voter has only one vote in each election.

-- Deputies to the people's congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, ethnic minority townships and towns are elected directly by their constituencies. Deputies to the NPC and the people's congresses of the provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures are elected by the people's congresses at the next lower level.

-- All political parties and mass organizations may either jointly or separately recommend their candidates to be deputies. Candidates may also be recommended by a minimum of 10 voters in a direct election and 10 deputies in an indirect election.

-- In both direct and indirect elections, the number of candidates must exceed the number of delegates to be elected and the elections must be competitive. In a direct election, the number of candidates should exceed the number to be elected by one-third to 100 percent. In an indirect election, the number of candidates should exceed the number to be elected by one-fifth to 50 percent.

-- Voters may vote for a candidate, against a candidate, for someone else, or abstain. In a direct election, more than half of the eligible voters in a constituency must cast their ballots in order to make the election valid. Candidates who receive votes of a simple majority of the constituency are elected. In an indirect election, candidates who receive a simple majority number of votes of all the deputies who cast their votes are elected. The costs of elections are paid for out of the state treasury.

The number of NPC deputies shall not exceed 3,000. How the number of deputies to the NPC is allotted is decided by the NPC Standing Committee according to circumstances. The number of deputies from provinces and autonomous regions that have extremely small populations may not be less than 15. Ethnic minorities with extremely small populations should have at least one deputy of their own.

Deputies to the NPC are subject to supervision by the units that elect them. Those units have the right to remove the deputies they have elected.

NPC deputies are members of the supreme state power organ. The responsibilities they hold during sessions of the NPC include the following:

--To deliberate bills and reports on the session's agenda;

--To submit bills within the scope of the NPC's authority in accordance with the law;

--To submit motions for amending the Constitution in line with the procedure prescribed in the Constitution;

--To participate in all NPC elections;

--To address questions to the State Council, its ministries and commissions, the Supreme People's Court and the Supreme People's Procuratorate while examining bills and reports;

--To address written inquiries to the State Council, its ministries and commissions, the Supreme People's Court and the Supreme People's Procuratorate in accordance with the law;

--To move to recall members of the NPC Standing Committee, the President or the Vice President of the People's Republic of China, members of the State Council, members of the Central Military Commission, the President of the Supreme People's Court, or the Procurator-General of the Supreme People's Procuratorate in accordance with the procedure prescribed by law;

--To propose that committees of inquiry into specific issues be formed in accordance with the law; and

--To give criticism, suggestions and comments on all aspects of work.

When the NPC is not in session, deputies engage in the following activities in line with the law:

--To scrutinize work of state organs and relevant organizations at the same or lower levels;

--To move in accordance with the procedure prescribed by law that an interim NPC session be held;

--To sit in on meetings of the NPC Standing Committee and its Special Committees when invited;

--To sit in on, and sometimes by invitation, meetings of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and meetings of their standing committees and special committees;

--To listen to and report on people's opinions;

--To participate in committees of inquiry into specific issues; and

--To provide the NPC Standing Committee with suggestions, criticisms and comments on all aspects of its work.

The state and society provide NPC deputies with guarantees to ensure their improved performance in their work. Deputies cannot be held legally liable for their speeches or votes at all NPC meetings. No deputy may be arrested or placed on criminal trial without the consent of the Presidium of the current NPC session or the consent of its Standing Committee when the NPC is not in session. According to law, all organizations and individuals are required to respect the rights of deputies and support them in their duty performances. Those who block deputies in the course of their duty performance or retaliate against deputies performing their legal duties will be punished by law.

  来源: 中国人大网 2016年2月1日
责任编辑: 向航