(二)選舉法修正案草案的其他主要內(nèi)容
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2. Other main contents of the draft amendments to the Electoral Law
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1. 關(guān)于人大代表的廣泛性
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1) On the generality of representation of deputies to the people's congresses
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一些常委委員和地方提出,應(yīng)當(dāng)進(jìn)一步明確在各級人大代表中,來自基層的工人、農(nóng)民和知識分子代表有一定的數(shù)量。據(jù)此,建議增加規(guī)定:全國人民代表大會(huì)和地方各級人民代表大會(huì)的代表“應(yīng)當(dāng)具有廣泛的代表性,應(yīng)當(dāng)有適當(dāng)數(shù)量的基層代表,特別是工人、農(nóng)民和知識分子代表”。(修正案草案第一條)
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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)
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2.關(guān)于選舉機(jī)構(gòu)
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2) On election institutions
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一些地方和代表提出,選舉委員會(huì)是組織領(lǐng)導(dǎo)縣級和鄉(xiāng)級人大代表選舉的機(jī)構(gòu),在直接選舉中具有十分重要的作用,建議根據(jù)1983年全國人大常委會(huì)通過的《關(guān)于縣級以下人民代表大會(huì)代表直接選舉的若干規(guī)定》,進(jìn)一步完善選舉的組織機(jī)構(gòu)。據(jù)此,建議增加“選舉機(jī)構(gòu)”一章作為第二章,對選舉委員會(huì)的產(chǎn)生、回避、職責(zé)和工作要求等分別作出具體規(guī)定。(修正案草案第二條、第三條)
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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)
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3.關(guān)于鄉(xiāng)鎮(zhèn)人大代表名額
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3) On the numbers of deputies to people s congresses of townships and towns
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一些地方提出,近些年來,一些地方進(jìn)行了較大規(guī)模的鄉(xiāng)鎮(zhèn)合并,鄉(xiāng)鎮(zhèn)人口增加較多,有的人口多達(dá)十幾萬甚至二十幾萬,選舉法規(guī)定的鄉(xiāng)鎮(zhèn)人大代表最多不超過一百三十人的名額顯得偏少。據(jù)此,建議提高鄉(xiāng)鎮(zhèn)人大代表名額的上限,將選舉法第九條第一款第四項(xiàng)關(guān)于鄉(xiāng)、民族鄉(xiāng)、鎮(zhèn)的代表總名額上限作出修改,將不得超過一百三十名的規(guī)定修改為“代表總名額不得超過一百六十名”。(修正案草案第四條)
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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)
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4.關(guān)于代表候選人提供個(gè)人情況和兩地代表問題 |
4) On the issues of personal information of deputy candidates and of deputies representing two regions
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根據(jù)一些地方選舉實(shí)踐中出現(xiàn)的新情況新問題,一些代表和有關(guān)部門建議,應(yīng)明確規(guī)定人大代表候選人要填報(bào)是否取得外國永久拘留權(quán)、外國國籍等情況;并對不如實(shí)提供個(gè)人情況的,應(yīng)規(guī)定相應(yīng)處理辦法,保證選民或者代表了解真實(shí)情況;同時(shí)還應(yīng)對一個(gè)公民是否可以擔(dān)任兩個(gè)不同地方的人大代表問題予以明確。據(jù)此,建議增加兩項(xiàng)規(guī)定:一是,“接受推薦的代表候選人應(yīng)當(dāng)向選舉委員會(huì)或者大會(huì)主席團(tuán)如實(shí)提供個(gè)人身份、簡歷等基本情況。提供的基本情況不實(shí)的,應(yīng)當(dāng)向選民或者代表通報(bào)(修正案草案第八條第一款)。”二是,“公民不得同時(shí)擔(dān)任兩個(gè)以上無隸屬關(guān)系的行政區(qū)域的人民代表大會(huì)代表。”(修正案草案第十六條)
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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)
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