9.关于接受代表辞职的程序

9) On the procedures for accepting the resignation of deputies 

选举法第四十九条规定了代表提出辞职的程序。一些地方提出，代表提出辞职后，由谁接受辞职，按什么样的程序接受辞职，选举法未作规定，各地做法也不统一，建议补充相关规定。据此，建议增加一条规定，补充相关内容。对于间接选举的人大代表，“常务委员会接受辞职，须经常务委员会组成人员的过半数通过。接受辞职的决议，须报送上一级人民代表大会常务委员会备案、公告。”对于县级人大代表和乡级人大代表，县级人大常委会和乡级人大可以分别接受辞职，“县级的人民代表大会常务委员会接受辞职，须经常务委员会组成人员的过半数通过。乡级的人民代表大会接受辞职，须经人民代表大会过半数的代表通过。接受辞职的，应当予以公告。”（修正案草案第十九条）

Article 49 of the Electoral Law stipulates the procedures for deputies to resign. Some localities have pointed out that the Electoral Law fails to stipulate who should accept deputies' resignation and which procedures should be followed when deputies resign; therefore, there is no unanimous practice among localities. They suggest relevant supplementary provisions be added. In view of the above, we propose the following provision be added as related supplementary content. With regard to deputies to the people's congresses elected through indirect elections, "The acceptance of resignations by standing committees shall be subject to a majority vote by their members. Resolutions on accepting resignations shall be submitted to the standing committee of the people's congress at the next higher level for the record and for announcement." With regard to resignations of deputies to the people's congresses at the county or township level, the standing committees of the people's congresses at the county level or the people's congresses of townships may respectively accept their resignations. "The acceptance of resignations by standing committees of the people's congresses at the county level shall be subject to a majority vote by standing committee members. The acceptance of resignations by people's congresses of townships shall be subject to a majority vote by deputies to the people's congress. After resignations are accepted, an announcement shall be made."(Article 19 of the draft amendments)

10.关于对破坏选举行为的调查处理

一些常委委员和地方提出，为了及时有效查处以暴力、威胁、贿赂等手段破坏选举的行为，建议对嗲差处理机关及其责任予以明确。据此，建议增加一条规定：“主持选举的机构或者其他有关机关，发现有破坏选举的行为或者收到对破坏选举行为的举报，应当及时依法调查处理；必要时移送有关机关予以处理。”（修正案草案第二十条）

Some members of the NPC Standing Committee and some localities have suggested that in order to promptly and effectively investigate and handle violence, threats, corruption and other behavior that disrupts elections, the organ responsible for investigating and handling such matters and its duties should be clarified. In view of the above, we propose the following provision be added: "The organ presiding over the election or other relevant organs shall, upon finding or receiving a report on acts disrupting an election, investigate and deal with the cases in a timely manner in accordance with the law; where necessary, they shall transfer such cases to the departments concerned for handling." (Article 20 of the draft amendments)

此外，根据一些地方和有关方面的意见，修正案草案还对选举时应当设有秘密写票处，选民接受委托代为投票应当按照委托人的意愿等内容作了补充完善。

In addition, on the basis of suggestions from some localities and relevant sectors of society, the draft amendments make supplementary improvements to such content as the construction of confidential polling booths, and that a person entrusted to vote on behalf of another person should obey that person's voting wish.

这里还有一个问题需要说明。有些常委委员和地方提出，应对以农民工为主体的流动人口如何参加现工作地的县乡直接选举的问题作出明确规定。经研究认为，这个问题牵扯面广，比较复杂，我国户籍制度的改革正在推进过程中，现在解决这个问题的条件还不具备。因此，这次选举法修改对此可暂不作规定。各地可以按照有关人大换届选举工作的文件精神，采取有效措施，保障农民工等流动人口的选举权和被选举权。

One more issue requires explanation here. Some members of the NPC Standing Committee and localities have proposed that explicit provisions be made on the issue of how the floating population, composed mainly of rural migrant workers in cities, participate in direct elections in the counties or towns where they work. After researching this issue, we believe it involves many areas and is complex. Reform of the residence registration system is proceeding, and the conditions are not yet in place to solve this issue; therefore, the amendments to the Electoral Law will not make provisions at this time. Localities may, in accordance with the guiding principles of the documents regarding the work on elections for new terms of office in people's congresses, take effective measures to ensure the right of the floating population, such as rural migrant workers in cities, to vote and to stand for election.

各位代表！

Fellow Deputies,

按照“三个平等”的原则，根据我国经济社会发展实际，实行城乡按相同人口比例选举人大代表，是坚持和完善人民代表大会制度的重要内容，是发展社会主义民主政治的重要举措，将进一步保障城乡居民享有平等的选举权，推进我国的人权事业不断发展，对充分调动各方面的积极性，统筹城乡协调发展和促进社会和谐，具有重大而深远的历史意义。让我们以高度的政治责任感、使命感，把选举法修正案草案审议好、修改好。

In accordance with the principle of "three equalities" and the realities of China's economic and social development, electing deputies to the people's congresses based on the same population ratio in urban and rural areas is an important step in upholding and improving the system of people's congresses and also a major move in developing socialist democratic politics. It will further guarantee the right of urban and rural residents to vote on an equal footing, and promote the continued development of human rights in China. It carries profound historical significance in fully bringing into play the enthusiasm of all sectors of society, in making a unified plan for the balanced development of urban and rural areas, and in promoting social harmony. Let us deliberate the draft amendments to the Electoral Law with a high sense of political responsibility and mission.

《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修正案（草案）》和以上说明，请审议。谢谢。

I invite you to deliberate the Draft Amendments to the Electoral Law of the National People's Congress and local People's Congresses of the People's Republic of China as well as the above explanation.