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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(第三次修正)(二)

2009-03-24 法律英语 来源:互联网 作者:
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  Chapter Ⅸ Supervision, Recall and By-elections Held to Fill Vacancies

  Article 43 All deputies to the national and local people's congresses shall be subject to the supervision of the voters and the electoral units which elect them. Both the voters and electoral units shall have the rich to recall the deputies they elect.

  Article 44 With respect to deputies to the people's congress at the county or township level, a group of thirty or more voters in the electoral district may submit a demand in writing to the standing committee of the people's congress at the county level for the recal1 of a deputy they elected.

  In a demand for the recall of a deputy, the reasons for the recall shall be clearly stated. The deputy proposed to be recalled shall have the right to defend himself at the voters' meetings or may present a written statement in his own defence.

  The standing committee of the people's congress at the county level shall print and distribute the demand for the recall of a deputy and the written defence of the deputy proposed to be recalled to the voters in the electoral district from which he was elected.

  When the demand for the recall of a deputy is put to vote, the standing committee of the people's congress at the county level shall dispatch a relevant leading member to preside over it.“

  Article 45 When a local people's congress at or above the county level is in session, the presidium or a group of at least one-tenth of the deputies may submit a proposal for the recall of a deputy to the people's congress at the next higher level who was elected by the people's congress at or above the county level. When the people's congress is not in session, the council of chairmen of the standing committee of the local people's congress at or above the county level or a group of at least one-fifth of the component members of the standing committee may submit a proposal for the recall of a deputy to the people's congress at the next higher level who was elected by the people's congress at or above the county level. In the proposal for the

recall of a deputy, the reasons for the recall shall be clearly stated.

  When a local people's congress at or above the county level is in session, the deputy proposed to be recalled shall have the right to defend himself or to submit a written defence at the meeting of the presidium or at the plenary meeting of the congress; the presidium shall have the written defence printed and distributed to the deputies. After the proposal for the recall of the deputy is deliberated by the deputies at the meeting, it shall be submitted by the presidium to the plenary for voting.

  When the standing committee of a local people's congress at or above the county level meets, the deputy proposed to be recalled shall have the right to defend himself or submit a written defence at the council of chairmen or the plenary meeting of the standing committee; the council of chairmen shall have the written defence printed and distributed to the members of the standing committee. After the proposal for the recall of the deputy is deliberated by the members of the standing committee, it shall be submitted by the council of chairmen to the plenary meeting for voting.“

  Article 46 The proposal for the recall of a deputy shall be voted by secret ballot.“

  Article 47 The recall of a deputy to the people's congress at the county or township level shall be adopted by a majority vote of all the voters in the electoral district from which the deputy was elected.

  The recall of a deputy elected by the local people's congress at or above the county level shall be adopted by a majority vote of all the deputies to the people's congress; when the people's congress is not in session, the recall of the deputy shall be adopted by a majority vote of all the component members of the standing committee. The resolution on the recal1 shall be reported to the standing committee of the people's congress at the next higher level for the record.“

  Article 48 When a deputy serving on the standing committee of a people's congress at or above the county level or on a special committee of the National People's Congress, or of the people's congress of a province, autonomous region, municipality directly under the Central Government, of a city divided into districts or of an autonomous prefecture is recalled, he is dismissed accordingly from membership on the standing committee or special committee, which shall be announced by the presidium or the standing committee.

  When a deputy serving as chairman or vice-chairman of the people's congress of a township, a nationality township or a town is recalled, he is dismissed accordingly from chairmanship or vice-chairmanship, which shall be announced by the presidium.

  Article 49 Deputies to the National People's Congress and deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may submit their resignations to the standing committee of the people's congress that elected them. A deputy to the people's congress at the county level may submit his written resignation to the standing committee of the people's congress at that level; a deputy to the people's congress at the township level may submit his written resignation to the people's congress at that level.

  Article 50 When the request of a deputy for resignation is granted, his membership on the standing committee of the peoples' congress at or above the county level or on the special committee of the National People's Congress, or the people's congress of a province, autonomous region, municipality directly under the Central Government, a city divided into districts or an autonomous prefecture shall be terminated accordingly, which shall be announced by the standing committee.

  When the request of a deputy for resignation is granted, his chairmanship or vice-chairmanship of

the people's congress of a township, a nationality township or a town shall be terminated accordingly, which shall be announced by the presidium.

  Article 51 If a deputy's post becomes vacant for some reason during his term of office, the electoral district or electoral unit which elected him shall hold a by-election to fill the vacancy.

  If a deputy to a local people's congress at any level is transferred or moves out of his administrative area during his term of office, he is automatically disqualified as deputy and a by-election shall be held to fill the vacancy.

  When the local people's congresses at or above the county level are not in session, their standing committees may conduct by-elections to fill vacancies left by deputies to the people's congresses at the next higher level.

  When by-elections are conducted to fill the vacant posts of deputies, the number of candidates may be greater than the number of deputies to be elected; or it may equal to the number of deputies to be elected. The procedures and methods of conducting by-elections shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government.

  Chapter Ⅹ Sanctions Against Disruption of Elections

  Article 52 In order to ensure that the voters and deputies freely exercise their right to vote and stand for election, administrative or criminal sanctions shall, in accordance with the law, be taken against persons who commit any of the following illegal acts:

  (l) use of violence, threat, deception, bribery or other illegal means to disrupt an election or interfere with a voter or deputy in the free exercise of his right to vote and stand for election;

  (2) forgery of electoral documents, falsification of vote tallies or other illegal acts; and

  (3) suppression of or retaliation against anyone who incriminates or informs against a person committing illegal acts in an election or who demands the recall of a deputy.

  Chapter Ⅺ Supplementary Provisions

  Article 53 The standing committees of the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government may formulate rules for the implementation of elections in accordance with this Law and submit them to the Standing Committee of the National People's Congress for the record

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