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代表法 Law of the Peoples Republic of China on Deputies to the National Peopl

ctions as deputies.

　　Whoever has the duty to assist deputies in their performance of functions as deputies but refuses to do so shall be admonished， criticized， even subjected to administrative sanctions by the unit concerned.

　　Whoever obstructs deputies from performing their fun

ctions as deputies according to law shall be subjected to administrative sanctions by the unit to which he or she belongs or by the department at the higher level， or shall be punished in accordance with the provisions of Article 19 of the Regulations on Administrative Penalties for Public Security. Whoever obstructs， by means of violence or threat， deputies from performing their functions as deputies according to law shall be investigated for criminal responsibility in accordance with the provisions of Article 157 of the Criminal Law.

　　Chapter V

　　Suspension of Performance of Functions as a Deputy and Disqualification of a Deputy

　　Article 40 Where a deputy is involved in either of the following circumstances， the performance of his or her functions as deputy shall be temporarily suspended：

　　（1） being held in custody and subjected to investigation， prosecution and trial for criminal cases； or

　　（2） being sentenced to public surveillance， criminal detention or fixed－term imprisonment without the supplementary punishment of deprivation of political rights and now serving the sentence.

　　As soon as the circumstances specified in the preceding paragraph no longer exist during the term of the deputy in question， the performance of his or her functions as deputy shall be restored， except for the one who is disqualified as deputy.

　　Article 41 A deputy involved in any of the following circumstances shall be disqualified as a deputy：

　　（1） a deputy to a local people's congress at any level who has moved or is transferred away from the corresponding administrative area；

　　（2） his or her resignation as a deputy being accepted；

　　（3） being absent， without approval， from two sessions of the people's congress at the corresponding level；

　　（4） being recalled；

　　（5） having forfeited the nationality of the People's Republic of China；

　　（6） being deprived of political rights in accordance with the law.

　　Article 42 The disqualification of a deputy to a people's congress at or above the county level shall be reported by the credential committee to the standing committee of the people's congress at the corresponding level for its announcement.

　　The disqualification of a deputy to the people's congress of a township， nationality township or town shall be reported by the credential committee to the people's congress at the corresponding level for its announcement.

　　Chapter VI

　　Supplementary Provisions

　　Article 43 The people's congresses of provinces， autonomous regions and municipalities directly under the Central Government and their standing committees may， in accordance with this Law and in light of the actual conditions of their respective administrative areas， formulate measures for implementation.

　　Article 44 This Law shall enter into force as of the date of promulgation

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