三、關于選舉法修正案草案的主要內(nèi)容
|
III. Main Contents of the Draft Amendments to the Electoral Law
|
(一)城鄉(xiāng)按相同人口比例選舉人大代表
|
1. Electing deputies to the people's congresses based on the same population ratio in urban and rural areas
|
根據(jù)我國國體、政體,實行城鄉(xiāng)按相同人口比例選舉人大代表,應當體現(xiàn)以下原則要求:一是保障公民都享有平等的選舉權,實行城鄉(xiāng)按相同人口比例選舉代表,體現(xiàn)人人平等;二是保障各地方在國家權力機關有平等的參與權,各行政區(qū)域不論人口多少,都應有相同的基本名額數(shù),都能選舉一定數(shù)量的代表,體現(xiàn)地區(qū)平等;三是保障各民族都有適當數(shù)量的代表,人口再少的民族,也要有一名代表,體現(xiàn)民族平等。這三個平等是我國國體、政體的內(nèi)在要求,是有機統(tǒng)一的整體,不能強調(diào)其中一個方面而忽視其他方面。此外,各方面代表性人物比較集中的地方,也應給予適當?shù)恼疹櫋?span lang="EN-US">
|
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.
|
基于以上,建議將選舉法第十六條關于全國人大代表名額分配的規(guī)定,修改為:“全國人民代表大會代表名額,由全國人民代表大會常務委員會根據(jù)各省、自治區(qū)、直轄市的人口數(shù),按照每一代表所代表的城鄉(xiāng)人口數(shù)相同的原則,以及保證各地區(qū)、各民族、各方面都有適當數(shù)量代表的要求進行分配。”“省、自治區(qū)、直轄市應選全國人民代表大會代表名額,由根據(jù)人口數(shù)計算確定的名額數(shù)、相同的地區(qū)基本名額數(shù)和其他應選名額數(shù)構成。”“全國人民代表大會代表名額的具體分配,由全國人民代表大會常務委員會決定。”(修正案草案第六條)
|
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)
|
將第十二條、第十三條、第十四條關于地方各級人大代表名額分配的規(guī)定,合并為一條,修改為:“地方各級人民代表大會代表名額,由本級人民代表大會常務委員會或者本級選舉委員會根據(jù)本行政區(qū)域所轄的下一級各行政區(qū)域或者各選區(qū)的人口數(shù),按照每一代表所代表的城鄉(xiāng)人口數(shù)相同的原則,以及保證各地區(qū)、各民族、各方面都有適當數(shù)量代表的要求進行分配。在縣、自治縣的人民代表大會中,人口特少的鄉(xiāng)、民族鄉(xiāng)、鎮(zhèn),至少應有代表一人。”“地方各級人民代表大會代表名額的分配辦法,由省、自治區(qū)、直轄市人民代表大會常務委員會參照全國人民代表大會代表名額分配的辦法,結(jié)合本地區(qū)的具體情況規(guī)定。”(修正案草案第五條)
|
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)
|
將第二十五條關于直接選舉中各選區(qū)每一代表所代表人口數(shù)的規(guī)定,修改為:“本行政區(qū)域內(nèi)各選區(qū)每一代表所代表的人口數(shù)應當大體相等。”(修正案草案第七條)
|
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)
|
這里需要說明的是,對于實行城鄉(xiāng)按相同人口比例選舉人大代表,涉及到的全國人大代表名額分配問題,采取分兩步走的辦法。第一步是集中精力,把選舉法修改好、完善好;第二步是在選舉法修改完成后,根據(jù)選舉法確定的原則,在廣泛聽取意見基礎上,統(tǒng)籌考慮,由全國人大及其常委會作出決定,科學合理地分配。
|
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.
|