《人大選舉法修正案(草案)》說明
Explanation on draft amendment to electoral law
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China's top legislature started Monday to discuss granting equal representation in people's congresses to rural and urban people in a draft amendment to the Electoral Law. [Xinhua]
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改革開放后,我國經(jīng)濟社會快速發(fā)展,城鎮(zhèn)化不斷推進,城鄉(xiāng)人口結構比例發(fā)生較大變化,全國人大常委會根據(jù)新形勢、新情況,適時完善選舉制度,逐步對城鄉(xiāng)按不同人口比例選舉人大代表的規(guī)定進行修改完善。1982年修改選舉法,增加規(guī)定:縣、自治縣境內(nèi),鎮(zhèn)的人口特多或者企事業(yè)組織職工人數(shù)比例較大的,經(jīng)省、自治區(qū)、直轄市人大常委會決定,農(nóng)村每一代表與鎮(zhèn)或企事業(yè)組織職工每一代表所代表的人口數(shù)之比可以小于4:1直至1:1。1995年修改選舉法,將全國和省、自治區(qū)農(nóng)村與城市每一代表所代表的人口數(shù)比例,與自治州、縣一樣,統(tǒng)一修改為4:1。1995年以來,我國的工業(yè)化、城鎮(zhèn)化進一步加速,農(nóng)村經(jīng)濟文化水平大幅提高,社會結構發(fā)生深刻變化。我國城鎮(zhèn)人口比重已由1995年的29.04%上升為2009年的46.6%。與此同時,我國各級人大經(jīng)歷了數(shù)次換屆選舉,積累了豐富的經(jīng)驗,社會主義民主政治建設和法制建設取得巨大成就,黨領導的人民民主專政的階級基礎和群眾基礎不斷鞏固和擴大。修改選舉法,實行城鄉(xiāng)按相同人口比例選舉人大代表的客觀條件已經(jīng)具備。
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Since implementation of the policy of reform and opening up, China's economy and society have developed rapidly, urbanization has moved ahead unceasingly, and the urban and rural population composition has changed considerably. Based on the new circumstances and new situation, the NPC Standing Committee has made timely improvements to the electoral system and has amended and improved the provisions on electing deputies to people's congresses based on different population ratios in urban and rural areas. When the Electoral Law was revised in 1982, the following provision was added: in counties or autonomous counties which have towns with exceptionally large populations or enterprises and institutions whose workers and staff account for a relatively large proportion, the ratio between the number of people represented by a rural deputy and the number of people represented by a town deputy or a deputy from an enterprise or institution may, subject to a decision by the standing committee of the people's congress of the province, autonomous region, or municipality directly under the central government, be smaller than four to one, even one to one. When the Electoral Law was revised in 1995, the ratio of rural population to urban population represented by a deputy to the NPC or to the people's congress of the province or autonomous region was amended as four to one, the same as autonomous prefectures and counties. Since 1995, China's industrialization and urbanization have accelerated further, the economic and cultural level in rural areas has increased dramatically, and profound changes have taken place in the social structure. The urban population in China has increased from 29.04% in 1995 to 46.6% in 2009. At the same time, people's congresses at all levels have gone through many terms of elections, accumulated abundant experience, achieved enormous results in developing socialist democratic politics and a socialist legal system, and the class base and mass foundation for the people's democratic dictatorship led by the Party has been consolidated and expanded. The objective conditions are in place for revising the Electoral Law and electing deputies to the people's congresses based on the same population ratio in urban and rural areas.
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二、選舉法修正案草案的指導思想和形成過程
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II. Guiding Ideology and Formation of the Draft Amendments to the Electoral Law
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選舉法修正案草案的指導思想是,以鄧小平理論和“三個代表”重要思想為指導,深入貫徹落實科學發(fā)展觀,按照黨的十七大的要求,總結實踐經(jīng)驗,完善選舉制度,實行城鄉(xiāng)按相同人口比例選舉人大代表,更好地體現(xiàn)人人平等、地區(qū)平等和民族平等原則,擴大人民民主,保證人民當家作主,為堅持和完善人民代表大會制度、發(fā)展社會主義民主政治提供堅實的制度保障。
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The guiding ideology for the draft amendments to the Electoral Law was: to take Deng Xiaoping Theory and the important thought of Three Represents as our guide; thoroughly apply the Scientific Outlook on Development; and review practical experiences, improve the electoral system, elect deputies to the people's congresses based on the same population ratio in urban and rural areas, better reflect the principles of equality among people, regions and ethnic groups, spread the people's democracy, ensure the people are the masters of the country, and provide a solid, systematic guarantee for upholding and improving system of people's congresses as well as for developing socialist democratic politics in accordance with the requirements of the Party's Seventeenth National Congress.
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草案起草工作遵循以下原則:一是把握方向,擴大民主。選舉法是一部政治性很強的法律,修改選舉法必須把握正確的政治方向,堅持黨的領導、人民當家作主、依法治國有機統(tǒng)一,堅持中國特色社會主義政治發(fā)展道路,堅持從中國國情和實際出發(fā)。要從人民民主是社會主義的生命的高度,完善選舉制度,進一步增強人大代表選舉的普遍性和平等性,切實保證人民當家作主。二是突出重點,統(tǒng)籌兼顧。這次修改選舉法,重點是落實黨的十七大提出的實行城鄉(xiāng)按相同人口比例選舉人大代表的要求,同時統(tǒng)籌考慮選舉法其他內(nèi)容的必要修改。選舉法的修改,是中國特色社會主義選舉制度的自我完善與發(fā)展,要與經(jīng)濟社會發(fā)展相適應,循序漸進,逐步完善。三是積極穩(wěn)妥,分類處理。對選舉法實施中出現(xiàn)的帶有一定普遍性的問題,進行深入研究,條件成熟、認識一致的,有針對性地進行修改;對于一些目前尚不具備解決條件的問題,暫不作規(guī)定,可以在實踐中繼續(xù)探索。
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We adhered to the following principles when drafting the amendments. One, we maintained the correct orientation, and expanded democracy. The Electoral Law is politically significant. When revising it, we maintained a correct political orientation; intimately integrated the leadership of the Party, the position of the people as the masters of the country, and the rule of law; adhered to the political development path of socialism with Chinese characteristics; and persisted in proceeding from China's particular conditions and realities. With the noble view that the people's democracy is the lifeblood of socialism, we improved the electoral system, further improved the universality and equality of elections of deputies to the people's congresses, and conscientiously ensured that the people are the masters of the country. Two, we concentrated on key areas and took all factors into consideration. The focus for the amendments to the Electoral Law was to implement the requirement proposed by the Party's Seventeenth National Congress that deputies be elected to the people's congresses based on the same population ratio in urban and rural areas, and at the same time, stay mindful of the other necessary amendments to the Electoral Law. The amendments to the Electoral Law are a self-improvement to and development of the socialist electoral system with Chinese characteristics. The amendments need to be adapted to economic and social development, proceed step by step, and gradually improve. Three, we were active yet prudent, and dealt with each problem separately. We carried out thorough research on widespread problems that arose during the implementation of the Electoral Law, and when conditions are ripe and agreement has been reached, we will implement the amendments accordingly. Regarding problems for which conditions are not yet in place to solve them, we will provide no stipulations for the time being and continue to explore solutions through practice.
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