People's Republic Of China National People's Congress And Local People's Congresses At All Levels Of The Electoral Law

Original Language Title: 中华人民共和国全国人民代表大会和地方各级人民代表大会选举法

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(People's Republic of China President to 29th) the Standing Committee of the national people's Congress to amend of People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law, the decision has been made by People's Republic of China of deputies of the 12th meeting of the Standing Committee, adopted on October 27, 2004, are hereby promulgated and, as of the date of promulgation. People's Republic of China President Hu Jintao October 27, 2004 the Standing Committee on the revision of the People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law's decision (October 27, 2004 of Deputies adopted at the 12th session of the Standing Committee) deputies of the 12th meeting of the Standing Committee decided to People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law Make the following modifications: first amendment one of the Nineth, paragraph as follows: "(a) the representation of the provinces, autonomous regions and municipalities directly under the base 350, a representative for every 150,000 people can increase of provinces, autonomous regions, municipalities, a representative for every 25,000 people can increase, but the total number thereof shall not exceed 1000. "Second, 31st article is revised as follows:" directly elected by the voters of the national people's Congress candidate, nominated by the voters and political parties and people's organizations recommend. The Electoral Commission, after 15th published on election day, and each of the district's voters panel discussion, consultation, and to establish an official list of candidates. If the number of candidates exceed the percentage difference of 30th article of this law, by the Election Committee, the constituency group meetings, consultations, and on the advice of a majority of voters, determine the list of formal candidates; the formal candidates not forming a consensus, primaries, according to the order of the number of votes when the primaries, to establish an official list of candidates. Official list of candidates should be made public prior to 5th on election day. "Three, 33rd is revised as follows:" or the Presidium of the Election Committee shall provide the voter or representative on behalf of a candidate. Recommend candidates for deputies, representatives of political parties, people's organizations and voters in the voter Panel recommended by or on behalf of the Panel meeting, representatives of the candidates. Can organizations meet the candidates and the voters of the Election Committee and answer voters ' questions. However, the introduction must stop for candidates on election day. "Four article 44th, changed to:" the representative of the people's congresses at the county level, original constituency groups of 50 or more people, for the people's congresses at the township level, the original constituencies of 30 people or more, you can recall requests made in writing to the Standing Committee of the people's congresses at the county level. "Five, and 52nd article modified for:" for guarantees voters and representative free exercise vote and to be elected, on has following behavior one of, damage election, violation security management provides of, law give security management punishment; constitute crime of, law held criminal: "(a) to money or other property bribery voters or representative, prejudice voters and representative free exercise vote and to be elected of;" (ii) to violence, and threat, and
Fraudulent or other illegal means to impede the voters and representatives of the free exercise of the right to vote and to be elected "(c) falsification of election documents, falsification of vote tallies or other offences" (iv) for complaints and accusations of election violations people, or for people requesting the recall of a Deputy of repression and revenge.
"National staff of the acts listed in the preceding paragraph, shall be given an administrative sanction. "Elected in their illegal acts mentioned in the first paragraph of this article, whose election was invalid.
"This decision come into force on the date of promulgation.
People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law be revised in accordance with this decision, republished. People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law (July 1, 1979 session of the national people's Congress adopted at the second meeting of December 10, 1982, the last session of the fifth national people's Congress meeting on adaptation of People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law the first amendments to several provisions of the resolution On December 2, 1986 the last session of the 18th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law, the second amendment in accordance with the decision on February 28, 1995 session of the 12th meeting of the Standing Committee of the national people's Congress to amend People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law, the decision of the third amendment October 27, 2004, deputies of the 12th meeting of the Standing Committee on the changes of People's Republic of China National People's Congress and local people's congresses at all levels of the electoral law, the decision of the Fourth Amendment) contents chapter I General provisions chapter II chapter III representation the number of deputies to the people's congresses at all levels the minority elections of the fifth chapter of the fourth chapter boundary sixth chapter representative of the seventh chapter of voter registration of candidates for the eighth chapter electoral process chapter Nineth
On behalf of the monitoring, removal of tenth chapter on sanctions to disrupt the elections and the by-election the 11th chapter by-laws chapter I General provisions article People's Republic of China Constitution, the development of the national people's Congress and local people's congresses at all levels of the electoral law.
The second representative of the national people's Congress, provinces, autonomous regions, municipalities, districts, representatives of the people's congresses of the autonomous, by lower level people's Congress elections.
No city divided into districts, municipal districts, counties, autonomous counties, and representative of the people's congresses of townships, nationality townships, and towns, directly elected by the voters.
Article People's Republic of China citizens of 18 years of age, without distinction as to nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected.
Persons deprived of political rights according to law have no right to vote and to be elected.
Article fourth each voter has only one vote in the election.
Fifth Army separate elections, election methods to draw.
Representatives of the sixth national people's Congress and local people's congresses shall be an appropriate number of women representatives, and gradually increase the proportion of women representatives.
The national people's Congress and the number of returned overseas Chinese and local people's congresses in more areas, there shall be an appropriate number of returned overseas Chinese representatives.
Expatriate People's Republic of China citizens during the national people's Congress elections at the county level in China, can participate in the elections to their places of origin or residence before leaving. Auspices of the Standing Committee of the seventh National People's Congress deputies election.
Provinces, autonomous regions, municipalities, cities divided into districts, autonomous prefectures of the national people's Congress Standing Committee presided over the election of the representatives of the people's congresses at the corresponding levels. No city divided into districts, municipal districts, counties, autonomous counties and townships, nationality townships, and towns set up an Election Committee, presided over the election of the representatives of the people's congresses at the corresponding levels. Without city divided into districts, municipal districts, counties, autonomous counties of elections Commission led by the level of the Standing Committee of the national people's Congress.
Elections in townships, nationality townships, and towns Committee is not divided into districts, municipal districts, counties, autonomous counties of the leadership of the Standing Committee of the national people's Congress.
Provinces, autonomous regions, municipalities, cities divided into districts, autonomous guidance within their respective administrative areas below the county level of the Standing Committee of people's Congress deputies election.  
The election expenses of the eighth national people's Congress and local people's congresses at all levels, by the Exchequer expenditure. Second chapter place levels Congress representative places Nineth article place levels Congress of representative places, according to following provides determine: (a) province, and autonomous regions, and municipalities of representative places base for 350 name, province, and autonomous regions each 150,000 people can increased one representative, municipalities each 25,000 people can increased one representative; but, representative total places shall not over 1000 name; (ii) set district of city, and autonomous of representative places base for 240 name, each 25,000 people can increased one representative ; Population over 10 million of, representative total places shall not over 650 name; (three) County, and autonomous, and not set district of city, and district of representative places base for 120 name, each 5,000 people can increased one representative; population over 1.65 million of, representative total places shall not over 450 name; population insufficient 50,000 of, representative total places can less than 120 name; (four) Xiang, and Township, and town of representative places base for 40 name, each 1500 people can increased one representative; population over 90,000 of Xiang, and
Townships represent the total number may not exceed 100; representatives of the town population of more than 130,000 total number thereof shall not exceed 130; population of less than 2000 Township, nationality townships and towns shall represent the total number of less than 40.
Representatives of the local people's congresses at all levels in accordance with the provisions of the preceding paragraph number base and representative of increases in number of population numbers, which is representative of the local people's congresses at various levels total. Provinces of the autonomous region, inhabited by ethnic minorities, by the Standing Committee of the national people's Congress decided that representation can be subject to 5%.
Inhabited by ethnic or population scattered counties, autonomous counties and townships, by provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress decided that representation can be subject to 5%. Representative of the tenth people's congresses of provinces, autonomous regions and municipalities directly under the specific places determined by the Standing Committee of the national people's Congress in accordance with this law. City divided into districts, autonomous prefectures and county-specific quota of deputies by provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress established in accordance with this law, reported to the Standing Committee of the national people's Congress for the record.
Specific quotas of deputies at the township level, determined by the Standing Committee of the people's congresses at the county level in accordance with this law, reported to the Standing Committee of the national people's Congress for the record at a higher level. 11th place after determining, the total number of representatives of the people's congresses at all levels, no change. Due to administrative changes or due to reasons such as major construction projects resulted in large movements of population, the representative of the people's congresses at the total determined in accordance with the provisions of this law.

Representative of the 12th people's Congress of the autonomous prefectures, counties, autonomous counties of places by the governmental representative of each of the Standing Committee of the national people's Congress in accordance with the rural population represented by each representative represents four times times the town's population disbursed.
In the people's congresses of counties, autonomous counties, townships, nationality townships, and towns of very small population, there should be at least one representative.
County, and autonomous administrative within, town of population special more of, or not belongs to County following Government led of enterprise career organization of workers number in County population in the by accounted for proportion larger of, by province, and autonomous regions, and municipalities of Congress Standing Committee decided, rural each representative by representative of population number with town or Enterprise career organization workers each representative by representative of population number of than can is less than 4:1 until 1:1.
13th municipalities, municipal district of the rural population represented by each representative should be more than the urban population represented by each representative.  
14th places for representatives of the people's congresses of provinces, autonomous regions, and by the governmental representative of each of the Standing Committee of the national people's Congress in accordance with the rural population represented by each representative represents four times times the city's population number allocated.
Chapter representative of the number of Deputies 15th National People's Congress, by the people's congresses of provinces, autonomous regions and municipalities and elected by the people's Liberation Army. Does not exceed the quota of deputies of 3,000 people.
The allocation of places by the Standing Committee of the national people's Congress decides.
Hong Kong S.A.R., and Macau S.A.R. number of deputies to be elected, and the manner, shall be separately formulated by the NPC.
16th of provinces, autonomous regions and municipalities directly under the number of deputies to be elected, composed of representatives of each of the Standing Committee of the national people's Congress in accordance with the rural population represented by each representative represents four times times the city's population number allocated. 17th national minority deputies to be elected, by the Standing Committee of the national people's Congress in the light of ethnic population number and distribution of assigned to elect the people's congresses of provinces, autonomous regions and municipalities.
A very small population of people, should have at least one representative.
Chapter fourth minority elections of 18th place inhabited by ethnic minorities, each inhabited by the ethnic minorities should be represented in the local people's congresses.
Neighbors within a given territory of the ethnic minority population accounts for over 30% of the total population, the population represented by each representative shall be equal to the local people's Congress at each representative represents the population. Neighbors within a given territory of the ethnic minority population of less than 15% of the total population, population represented by each representative to make appropriate less than local people's congresses each representative represents the population, but not less than one-second, of the nationality exercising regional autonomy is a very small population of the County, decision by the Standing Committee of the people's congresses of provinces, autonomous regions, and can be less than one-second.
Inhabited by a very small population of other nationalities, shall have at least one representative.
Neighbors within a given population within the total population of ethnic minorities: 15% above, under 30%, the population represented by each representative can appropriate less than local population represented by each representative of the people's congresses, but assigned to the representative of ethnic minority deputies shall not exceed a total of 30%.
Article 19th autonomous regions, autonomous prefectures and autonomous counties and the people's congresses of townships, nationality townships, and towns inhabited by ethnic minorities, where representatives of other ethnic groups and the Han in the election, the provisions of this law shall apply to article 18th.
20th diaspora of ethnic minorities to be elected representatives of the local people's congresses, each representative represents a population less than the local people's congresses each representative represents the population.
Autonomous regions, autonomous prefectures and autonomous counties and the people's congresses of townships, nationality townships, and towns inhabited by ethnic minorities, for the election of representatives of other minorities and Han Chinese diaspora, the provisions of the preceding paragraph shall apply.
21st minority of the city not divided into districts, municipal districts, counties, townships, nationality townships, and towns of the deputies, according to local ethnic relations and living conditions, ethnic voters elections alone, or a Union election.
Autonomous counties and ethnic townships, nationality townships, and towns of the national people's Congress, Han and other ethnic minorities living in the territory representative elections approach, the provisions of the preceding paragraph shall apply.
22nd autonomous regions, autonomous prefectures and autonomous counties formulate or files which were announced, voter lists, voter cards, representative lists of candidates, delegates elected a certificate and the seal of the Election Commission and so on, should be the national language of the common use in the locality.  
Article 23rd minority elections of other matters, reference to the provisions of the relevant articles of this law. Fifth chapter boundary section 24th city divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns assigned to the representation of the people's congresses of the constituencies, the constituencies for the election.
Selection can be broken down by living conditions, can also be broken down by production units, institutions and work units.
Constituency size, each constituency is to select one to three deputies. 25th town the district population represented by each representative should be roughly equal.  
The constituencies in rural population represented by each representative should be roughly equal. Sixth chapter 26th voter registration voter registration for each constituency, confirmed by the registered voters of long term. Prior to each election to the last voter registration exercise after the age of 18, deprived of political rights restored political rights after the expiration of the voters to be registered.
On moved out of the former constituency of voter registration, voter list for inclusion in the new move constituencies; to death and deprived of political rights according to law, and removed from the voters list.
Mentally ill could not exercise their voting rights, confirmed by the Electoral Commission, not on the voters list.
27th published voter lists on election day before 20th and voter turnout election, and shall issue the voter cards. 28th published voter lists have different opinions, may make a complaint to the Election Commission. Comments on appeals of the Election Committee should make a decision in the 3rd. If you are not satisfied with the decision, the complainant may 5th Court on election day, the people's Court decision should be made before the date of the election.  
The people's Court's decision is final.
The seventh chapter candidates ask your 29th national and local people's congresses at all levels on behalf of candidates, nominated by constituency or electoral unit. All political parties and people's organizations may jointly or separately recommend candidates. Voter or representative groups of ten or more, or you can recommend candidates.
Recommendations should be presented to the Electoral Commission or the Bureau of the Assembly candidates.
30th national and local people's congresses at all levels on behalf of a candidate quota should exceed the quota of Deputies.
Directly elected by the voters of the number of candidates should be more deputies to one-third to 1 time; by the local people's congresses at various levels above level people's Congress represents the number of candidates for the election, shall be greater than the deputies from one-fifth to one-second. Article 31st of deputies directly elected by the voters of candidates, nominated by the voters and political parties and people's organizations recommend. The Electoral Commission, after 15th published on election day, and each of the district's voters panel discussion, consultation, and to establish an official list of candidates. If the number of candidates exceed the percentage difference of 30th article of this law, by the Election Committee, the constituency group meetings, consultations, and on the advice of a majority of voters, determine the list of formal candidates; the formal candidates not forming a consensus, primaries, according to the order of the number of votes when the primaries, to establish an official list of candidates.
Official list of candidates should be made public prior to 5th on election day. Local people's congresses at or above the county level in the level when the national people's Congress on the election, nominations, works on behalf of a candidate shall not be less than two days. The Vice-Chairmen of the Bureau will be issued on behalf of candidates in accordance with law all delegates, discussed by the plenary, actually. If the number of candidates in accordance with the provisions of article 30th percentage difference, direct vote.
If the number of candidates exceed the percentage difference of 30th article of this law, primary, according to the order of the number of votes when the primaries, according to the method of election of the present level of specific differences identified in accordance with this law, to establish an official list of candidates, voting.
32nd by local people's congresses at and above the county level shall, in the election at the above level people's Congress representative, candidates are not limited to the representatives of the people's Congress. 33rd or the Presidium of the Election Committee should be to the voter or representative on behalf of a candidate. Recommend candidates for deputies, representatives of political parties, people's organizations and voters in the voter Panel recommended by or on behalf of the Panel meeting, representatives of the candidates. Can organizations meet the candidates and the voters of the Election Committee and answer voters ' questions.
However, the introduction must stop for candidates on election day. Eighth chapter election program 34th in the people's congresses are elected representatives, voters under the provisions of the Electoral Commission, ID or voter cards to collect their ballot papers. Each constituency shall set up a polling station, mobile ballot boxes or held Assembly elections.
Vote hosted by the Electoral Commission.
Local people's congresses at or above the county level article 35th of the above level people's Congress elections representatives, chaired by the Vice-Chairmen of the Bureau.
Article 36th national and local people's congresses at all levels of the election will be by secret ballot.
If voters are illiterate or disability cannot be written votes may be entrusted with people he trusted to write.
37th voters for candidates you can vote, you can vote, you can choose any other voter, or abstain from voting. Article 38th voter if you go out during the election, the Election Committee, may in writing delegate any other voters to vote in his place. Each delegate that voters shall not exceed three.

39th after the vote, votes, counting personnel or representatives elected by the voters and the Electoral Commission or the Presidium of the people voted, and votes to be checked records made and signed by the Scrutineers.
40th vote each election votes than turnout is invalid, is equal to or less than the number of eligible works.
Each vote the number selected, void of more than the required number of deputies to be elected, is equal to or less than the number of deputies to be elected under the effective. 41st in the people's congresses are elected representatives, a majority of the voters voting, election valid.
Candidates get to vote when a majority of the voters vote, begin was elected.
Local people's congresses at or above the county level elections above level people's Congress representative, candidates received a majority of the vote, the representative of the whole, begin was elected. Access to representatives of a majority of the votes when the number of candidates exceeds the number of deputies to be elected, was elected by a vote.
If the votes cannot be determined when elected, should be equal to the number of votes a candidate voted again, and was elected by a vote. Obtained a majority of the votes of elected representatives is less than the number of deputies to be elected when insufficient places for another election. When another election, according to the order of number of votes at the first ballot, in accordance with the provisions of this law article 30th percentage difference, determine the list of candidates.
If you selected only one candidate should be for two people.
In accordance with the provisions of the preceding paragraph when another election of county-level and township-level people's Congress representatives on behalf of candidates number of votes is elected, but shall not be less than the number of votes the vote of one-third; local people's congresses at or above the county level in another election when the above level people's Congress representative, candidates for the votes of a majority of all the representatives, begin was elected.  
42nd the election results by the Election Commission or the Presidium pursuant to this law to determine whether effective and announced. Nineth chapter representative monitoring, recall and representatives of the by-election article 43rd national and local people's congresses at all levels, by voters and the supervision of the units which elected them.
Voters or electoral units have the power to recall their elected representatives.
44th congresses at the county level, original constituency groups of 50 or more people, for the people's congresses at the township level, the original constituencies of 30 people or more, you can recall requests made in writing to the Standing Committee of the people's congresses at the county level. Recall request shall clearly state the reasons of removal.
Proposed to be recalled meeting of electors on behalf of right to defence or defence in writing.
County-level people's Congress Standing Committee shall recall request and issuance of the written defence representatives proposed to be recalled the original constituency.
Vote recall request, hosted by sent to the responsible officer for the Standing Committee of the people's congresses at the county level. 45th meeting held by local people's congresses at and above the county level shall, when the Presidium or at least one-tenth of the joint can be made from the above level people's Congress of the people's Congress elected representatives to remove from Office. In the people's congresses, local Director of the Standing Committee of the national people's Congress at or above the county level meetings or groups of over one-fifth members of the Standing Committee can be submitted to the Standing Committee which is elected by the people's congresses at the national people's Congress to remove from Office at a higher level.
Recall shall clearly state the reasons of removal. When meeting local people's congresses at or above the county level, proposed to be recalled the representative is entitled to in the Bureau meetings and representation at the plenary meeting of the General Assembly, or defend himself in writing, issued by the Bureau of the Conference.
After consideration, the recall, by the Bureau, the attention of the plenary vote. Place of meetings of the Standing Committee of the national people's Congress at or above the county level, representing the right Director proposed to be recalled meeting and the plenary meeting of the Standing Committee on defence, or defend himself in writing, issued by the Directors meeting.
After consideration, the recall, voted on by the Director to be submitted to the plenary meeting of the Conference.
Article 46th vote to remove its representatives by secret ballot.
47th removal of County and township people's congresses shall be subject to the original selection by a majority of voters. Recall by the elected representatives of the local people's congresses at or above the county level shall be adopted by a majority of the representatives of the respective level; in the congresses shall be adopted by a majority of the component members of the Standing Committee of the.
Dismissal resolution shall be submitted to the Standing Committee of the national people's Congress for the record at a higher level.
48th article of the component members of the Standing Committee of the national people's Congress at or above the county level, the national people's Congress and the provincial, autonomous region, municipality, district municipalities and autonomous region people's Congress of representatives of the members of the Special Committee positions being ousted, its duties of members or members of the specialized committees of the Standing Committee accordingly revoked, or the Standing Committee shall be announced by the Presidium.
The people's congresses of townships, nationality townships, and towns President, Deputy Representative of the Office of President was removed from Office, the posts of Chairman, Vice-Chairman of the corresponding cancellation by the Bureau, shall be published. Deputies of the 49th, provinces, autonomous regions and municipalities, representatives of the national people's Congress of the city divided into districts, autonomous prefectures, and can be made with the returning his written resignation to the Standing Committee of the national people's Congress.
Deputies may submit to the Standing Committee of the people's congresses at the county level shall resign in writing, people's congresses at the township level can contribute to the writing of the present level to resign.
50th of the component members of the Standing Committee of the national people's Congress at or above the county level shall, national people's Congress and provinces, autonomous regions, municipalities, districts, autonomous prefectures of the members of the Special Committee of the national people's Congress, resigned as the representative's request is accepted, the duties of the members of the Standing Committee, members of the Special Committee accordingly terminated, by the Standing Committee shall be published.
President of the people's congresses of townships, nationality townships, and towns, Vice President, resigned as the representative's request is accepted, the posts of Chairman, Vice-Chairman of the appropriate termination shall be published by the Bureau.
51st representative term, vacancy, the original constituencies or the electoral units have a by-election.
Representatives of local people's congresses at all levels in term relocate or move out of the Administration, its representative eligible to terminate itself, gap further by-elections.
During the sessions of the local people's congresses at or above the county level, by the representatives of the present grade level of the Standing Committee of the national people's Congress on the election. By-election vacancy in representative, on behalf of a candidate quota can be more than the quota of deputies to be elected, or equal to the number of Deputies.  
By-election of specific measures prescribed by the Standing Committee of the people's congresses of provinces, autonomous regions and municipalities directly under the. Tenth chapter on damage election of sanctions 52nd article for guarantees voters and representative free exercise vote and to be elected, on has following behavior one of, damage election, violation security management provides of, law give security management punishment; constitute crime of, law held criminal: (a) to money or other property bribery voters or representative, prejudice voters and representative free exercise vote and to be elected of; (ii) to violence, and threat, and
Fraudulent or other illegal means to impede the voters and representatives of the free exercise of the right to vote and to stand for election, and (c) falsification of election documents, falsification of vote tallies or other illegal acts; (d) for complaints and accusations of election violations people, or for people requesting the recall of a Deputy of repression and revenge.
National staff of the acts listed in the preceding paragraph, shall be given an administrative sanction.  
Elected in their illegal acts mentioned in the first paragraph of this article, whose election was invalid. 11th chapter by-laws 53rd of provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress and its electoral rules are formulated under this Act, reported to the Standing Committee of the national people's Congress for the record.