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《人大选举法修正案(草案)》说明
Explanation on draft amendment to electoral law

China's top legislature started Monday to discuss granting equal representation in people's congresses to rural and urban people in a draft amendment to the Electoral Law. [Xinhua]

China's top legislature started Monday to discuss granting equal representation in people's congresses to rural and urban people in a draft amendment to the Electoral Law. [Xinhua]



改革开放后,我国经济社会快速发展,城镇化不断推进,城乡人口结构比例发生较大变化,全国人大常委会根据新形势、新情况,适时完善选举制度,逐步对城乡按不同人口比例选举人大代表的规定进行修改完善。1982年修改选举法,增加规定:县、自治县境内,镇的人口特多或者企事业组织职工人数比例较大的,经省、自治区、直辖市人大常委会决定,农村每一代表与镇或企事业组织职工每一代表所代表的人口数之比可以小于41直至111995年修改选举法,将全国和省、自治区农村与城市每一代表所代表的人口数比例,与自治州、县一样,统一修改为411995年以来,我国的工业化、城镇化进一步加速,农村经济文化水平大幅提高,社会结构发生深刻变化。我国城镇人口比重已由1995年的29.04%上升为2009年的46.6%。与此同时,我国各级人大经历了数次换届选举,积累了丰富的经验,社会主义民主政治建设和法制建设取得巨大成就,党领导的人民民主专政的阶级基础和群众基础不断巩固和扩大。修改选举法,实行城乡按相同人口比例选举人大代表的客观条件已经具备。

Since implementation of the policy of reform and opening up, China's economy and society have developed rapidly, urbanization has moved ahead unceasingly, and the urban and rural population composition has changed considerably. Based on the new circumstances and new situation, the NPC Standing Committee has made timely improvements to the electoral system and has amended and improved the provisions on electing deputies to people's congresses based on different population ratios in urban and rural areas. When the Electoral Law was revised in 1982, the following provision was added: in counties or autonomous counties which have towns with exceptionally large populations or enterprises and institutions whose workers and staff account for a relatively large proportion, the ratio between the number of people represented by a rural deputy and the number of people represented by a town deputy or a deputy from an enterprise or institution may, subject to a decision by the standing committee of the people's congress of the province, autonomous region, or municipality directly under the central government, be smaller than four to one, even one to one. When the Electoral Law was revised in 1995, the ratio of rural population to urban population represented by a deputy to the NPC or to the people's congress of the province or autonomous region was amended as four to one, the same as autonomous prefectures and counties. Since 1995, China's industrialization and urbanization have accelerated further, the economic and cultural level in rural areas has increased dramatically, and profound changes have taken place in the social structure. The urban population in China has increased from 29.04% in 1995 to 46.6% in 2009. At the same time, people's congresses at all levels have gone through many terms of elections, accumulated abundant experience, achieved enormous results in developing socialist democratic politics and a socialist legal system, and the class base and mass foundation for the people's democratic dictatorship led by the Party has been consolidated and expanded. The objective conditions are in place for revising the Electoral Law and electing deputies to the people's congresses based on the same population ratio in urban and rural areas.

二、选举法修正案草案的指导思想和形成过程

II. Guiding Ideology and Formation of the Draft Amendments to the Electoral Law

选举法修正案草案的指导思想是,以邓小平理论和三个代表重要思想为指导,深入贯彻落实科学发展观,按照党的十七大的要求,总结实践经验,完善选举制度,实行城乡按相同人口比例选举人大代表,更好地体现人人平等、地区平等和民族平等原则,扩大人民民主,保证人民当家作主,为坚持和完善人民代表大会制度、发展社会主义民主政治提供坚实的制度保障。

The guiding ideology for the draft amendments to the Electoral Law was: to take Deng Xiaoping Theory and the important thought of Three Represents as our guide; thoroughly apply the Scientific Outlook on Development; and review practical experiences, improve the electoral system, elect deputies to the people's congresses based on the same population ratio in urban and rural areas, better reflect the principles of equality among people, regions and ethnic groups, spread the people's democracy, ensure the people are the masters of the country, and provide a solid, systematic guarantee for upholding and improving system of people's congresses as well as for developing socialist democratic politics in accordance with the requirements of the Party's Seventeenth National Congress.

草案起草工作遵循以下原则:一是把握方向,扩大民主。选举法是一部政治性很强的法律,修改选举法必须把握正确的政治方向,坚持党的领导、人民当家作主、依法治国有机统一,坚持中国特色社会主义政治发展道路,坚持从中国国情和实际出发。要从人民民主是社会主义的生命的高度,完善选举制度,进一步增强人大代表选举的普遍性和平等性,切实保证人民当家作主。二是突出重点,统筹兼顾。这次修改选举法,重点是落实党的十七大提出的实行城乡按相同人口比例选举人大代表的要求,同时统筹考虑选举法其他内容的必要修改。选举法的修改,是中国特色社会主义选举制度的自我完善与发展,要与经济社会发展相适应,循序渐进,逐步完善。三是积极稳妥,分类处理。对选举法实施中出现的带有一定普遍性的问题,进行深入研究,条件成熟、认识一致的,有针对性地进行修改;对于一些目前尚不具备解决条件的问题,暂不作规定,可以在实践中继续探索。

We adhered to the following principles when drafting the amendments. One, we maintained the correct orientation, and expanded democracy. The Electoral Law is politically significant. When revising it, we maintained a correct political orientation; intimately integrated the leadership of the Party, the position of the people as the masters of the country, and the rule of law; adhered to the political development path of socialism with Chinese characteristics; and persisted in proceeding from China's particular conditions and realities. With the noble view that the people's democracy is the lifeblood of socialism, we improved the electoral system, further improved the universality and equality of elections of deputies to the people's congresses, and conscientiously ensured that the people are the masters of the country. Two, we concentrated on key areas and took all factors into consideration. The focus for the amendments to the Electoral Law was to implement the requirement proposed by the Party's Seventeenth National Congress that deputies be elected to the people's congresses based on the same population ratio in urban and rural areas, and at the same time, stay mindful of the other necessary amendments to the Electoral Law. The amendments to the Electoral Law are a self-improvement to and development of the socialist electoral system with Chinese characteristics. The amendments need to be adapted to economic and social development, proceed step by step, and gradually improve. Three, we were active yet prudent, and dealt with each problem separately. We carried out thorough research on widespread problems that arose during the implementation of the Electoral Law, and when conditions are ripe and agreement has been reached, we will implement the amendments accordingly. Regarding problems for which conditions are not yet in place to solve them, we will provide no stipulations for the time being and continue to explore solutions through practice.



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