三、关于选举法修正案草案的主要内容
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III. Main Contents of the Draft Amendments to the Electoral Law
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(一)城乡按相同人口比例选举人大代表
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1. Electing deputies to the people's congresses based on the same population ratio in urban and rural areas
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根据我国国体、政体,实行城乡按相同人口比例选举人大代表,应当体现以下原则要求:一是保障公民都享有平等的选举权,实行城乡按相同人口比例选举代表,体现人人平等;二是保障各地方在国家权力机关有平等的参与权,各行政区域不论人口多少,都应有相同的基本名额数,都能选举一定数量的代表,体现地区平等;三是保障各民族都有适当数量的代表,人口再少的民族,也要有一名代表,体现民族平等。这三个平等是我国国体、政体的内在要求,是有机统一的整体,不能强调其中一个方面而忽视其他方面。此外,各方面代表性人物比较集中的地方,也应给予适当的照顾。
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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.
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基于以上,建议将选举法第十六条关于全国人大代表名额分配的规定,修改为:“全国人民代表大会代表名额,由全国人民代表大会常务委员会根据各省、自治区、直辖市的人口数,按照每一代表所代表的城乡人口数相同的原则,以及保证各地区、各民族、各方面都有适当数量代表的要求进行分配。”“省、自治区、直辖市应选全国人民代表大会代表名额,由根据人口数计算确定的名额数、相同的地区基本名额数和其他应选名额数构成。”“全国人民代表大会代表名额的具体分配,由全国人民代表大会常务委员会决定。”(修正案草案第六条)
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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)
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将第十二条、第十三条、第十四条关于地方各级人大代表名额分配的规定,合并为一条,修改为:“地方各级人民代表大会代表名额,由本级人民代表大会常务委员会或者本级选举委员会根据本行政区域所辖的下一级各行政区域或者各选区的人口数,按照每一代表所代表的城乡人口数相同的原则,以及保证各地区、各民族、各方面都有适当数量代表的要求进行分配。在县、自治县的人民代表大会中,人口特少的乡、民族乡、镇,至少应有代表一人。”“地方各级人民代表大会代表名额的分配办法,由省、自治区、直辖市人民代表大会常务委员会参照全国人民代表大会代表名额分配的办法,结合本地区的具体情况规定。”(修正案草案第五条)
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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)
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将第二十五条关于直接选举中各选区每一代表所代表人口数的规定,修改为:“本行政区域内各选区每一代表所代表的人口数应当大体相等。”(修正案草案第七条)
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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)
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这里需要说明的是,对于实行城乡按相同人口比例选举人大代表,涉及到的全国人大代表名额分配问题,采取分两步走的办法。第一步是集中精力,把选举法修改好、完善好;第二步是在选举法修改完成后,根据选举法确定的原则,在广泛听取意见基础上,统筹考虑,由全国人大及其常委会作出决定,科学合理地分配。
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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.
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