Order of the President of the People's Republic of China
No. 27
The Decision of the Standing Committee of the National People's Congress on Amending the Electoral Law of the Standing Committee of the National People's Congress and the Local People's Congresses has been passed at the 3rd Session of the 11th NPC on March 14, 2010. It is hereby released and shall be implemented from the day it is released.
No. 27
Hu Jintao President of the People's Republic of China
March 14, 2010
March 14, 2010
中華人民共和國主席令
第二十七號
第二十七號
《全國人民代表大會關于修改〈中華人民共和國全國人民代表大會和地方各級人民代表大會選舉法〉的決定》已由中華人民共和國第十一屆全國人民代表大會第三次會議于2010年3月14日通過，現予公布，自公布之日起施行。
中華人民共和國主席 胡錦濤
2010年3月14日
Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; revised for the first time in accordance with the Resolution on the Revision of Certain Provisions in the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the Fifth Session of the Fifth National People's Congress on December 10, 1982; revised for the second time in accordance with the Decision on the Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 18th Meeting of the Standing Committee of the Sixth National People's Congress on December 2, 1986; revised for the Third time in accordance with the Decision Regarding Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28, 1995; revised for the Fourth time in accordance with the Decision Regarding Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 2004; revised for the Fifth time in accordance with the Decision Regarding Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 3rd Meeting of the Standing Committee of the Eighth National People's Congress on March 14, 2010 )
Contents
Chapter I General Provisions
Chapter II Election Institutions
Chapter III Number of Deputies to the Local People's Congresses at Various Levels
Chapter IV Number of Deputies to the National People's Congress
Chapter V Elections Among Minority Nationalities
Chapter VI Zoning of Electoral Districts
Chapter VII Registration of Voters
Chapter VIII Nomination of Candidates for Deputies
Chapter IX Election Procedure
Chapter X Supervision, Recall and By-Elections Held to Fill Vacancies
Chapter XI Sanctions Against Disruption of Elections Chapter XI Supplementary Provisions
(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979; revised for the first time in accordance with the Resolution on the Revision of Certain Provisions in the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the Fifth Session of the Fifth National People's Congress on December 10, 1982; revised for the second time in accordance with the Decision on the Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 18th Meeting of the Standing Committee of the Sixth National People's Congress on December 2, 1986; revised for the Third time in accordance with the Decision Regarding Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on February 28, 1995; revised for the Fourth time in accordance with the Decision Regarding Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 12th Meeting of the Standing Committee of the Eighth National People's Congress on October 27, 2004; revised for the Fifth time in accordance with the Decision Regarding Revision of the Electoral Law of the National People's Congress and Local People's Congresses of the People's Republic of China, adopted at the 3rd Meeting of the Standing Committee of the Eighth National People's Congress on March 14, 2010 )
Contents
Chapter I General Provisions
Chapter II Election Institutions
Chapter III Number of Deputies to the Local People's Congresses at Various Levels
Chapter IV Number of Deputies to the National People's Congress
Chapter V Elections Among Minority Nationalities
Chapter VI Zoning of Electoral Districts
Chapter VII Registration of Voters
Chapter VIII Nomination of Candidates for Deputies
Chapter IX Election Procedure
Chapter X Supervision, Recall and By-Elections Held to Fill Vacancies
Chapter XI Sanctions Against Disruption of Elections Chapter XI Supplementary Provisions
Chapter XII Supplementary Provisions
中華人民共和國全國人民代表大會和地方各級人民代表大會選舉法
（1979年7月1日第五屆全國人民代表大會第二次會議通過
根據1982年12月10日第五屆全國人民代表大會第五次會議《關于修改〈中華人民共和國全國人民代表大會和地方各級人民代表大會選舉法〉的若干規定的決議》第一次修正
根據1986年12月2日第六屆全國人民代表大會常務委員會第十八次會議《關于修改〈中華人民共和國全國人民代表大會和地方各級人民代表大會選舉法〉的決定》第二次修正
根據1995年2月28日第八屆全國人民代表大會常務委員會第十二次會議《關于修改〈中華人民共和國全國人民代表大會和地方各級人民代表大會選舉法〉的決定》第三次修正
根據2004年10月27日第十屆全國人民代表大會常務委員會第十二次會議《關于修改〈中華人民共和國全國人民代表大會和地方各級人民代表大會選舉法〉的決定》第四次修正
根據2010年3月14日第十一屆全國人民代表大會第三次會議《關于修改〈中華人民共和國全國人民代表大會和地方各級人民代表大會選舉法〉的決定》第五次修正）
目錄
第一章 總則
第二章 選舉機構
第三章 地方各級人民代表大會代表名額
第四章 全國人民代表大會代表名額
第五章 各少數民族的選舉
第六章 選區劃分
第七章 選民登記
第八章 代表候選人的提出
第九章 選舉程序
第十章 對代表的監督和罷免、辭職、補選
第十一章 對破壞選舉的制裁
第十二章 附則
Chapter I: General Provisions
第一章 總則
Article 1 The Electoral Law of the National People's Congress and Local People's Congresses is formulated in accordance with the Constitution of the People's Republic of China.
第一條 根據中華人民共和國憲法,制定全國人民代表大會和地方各級人民代表大會選舉法。
Article 2 Deputies to the National People's Congress and to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people's congresses at the next lower level.
Deputies to the people's congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns shall be elected directly by their constituencies.
Deputies to the people's congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns shall be elected directly by their constituencies.
第二條 全國人民代表大會的代表,省、自治區、直轄市、設區的市、自治州的人民代表大會的代表,由下一級人民代表大會選舉。
不設區的市、市轄區、縣、自治縣、鄉、民族鄉、鎮的人民代表大會的代表,由選民直接選舉。
Article 3 All citizens of the People's Republic of China who have reached the age of 18 shall have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence.
Persons who have been deprived of political rights according to law shall not have the right to vote and stand for election.
Persons who have been deprived of political rights according to law shall not have the right to vote and stand for election.
第三條 中華人民共和國年滿十八周歲的公民,不分民族、種族、性別、職業、家庭出身、宗教信仰、教育程度、財產狀況和居住期限,都有選舉權和被選舉權。
依照法律被剝奪政治權利的人沒有選舉權和被選舉權。
Article 4 Each voter shall have the right to vote only once in an election.
第四條 每一選民在一次選舉中只有一個投票權。
Article 5 Elections shall be conducted separately in the People's Liberation Army, and the procedures for such elections shall be formulated separately.
第五條 人民解放軍單獨進行選舉,選舉辦法另訂。
Article 6 The deputies for the NPC and the local people's congresses shall be broad-based and shall comprise an appropriate number of grass-roots deputies, especially workers, farmers, and intellectual deputies; the deputies shall comprise of an appropriate number of women, who shall account for an increasingly larger percentage.
The National People's Congress and the local people's congresses of the areas with a relatively large number of returned overseas Chinese shall have an appropriate number of deputies who are returned overseas Chinese.
Citizens of the People's Republic of China who reside abroad but who are in China during the election of deputies to people's congresses at or below the county level may take part in such elections conducted in their ancestral home town or place of domicile before they went abroad.
The National People's Congress and the local people's congresses of the areas with a relatively large number of returned overseas Chinese shall have an appropriate number of deputies who are returned overseas Chinese.
Citizens of the People's Republic of China who reside abroad but who are in China during the election of deputies to people's congresses at or below the county level may take part in such elections conducted in their ancestral home town or place of domicile before they went abroad.
第六條 全國人民代表大會和地方各級人民代表大會的代表應當具有廣泛的代表性,應當有適當數量的基層代表,特別是工人、農民和知識分子代表;應當有適當數量的婦女代表,并逐步提高婦女代表的比例。
全國人民代表大會和歸僑人數較多地區的地方人民代表大會,應當有適當名額的歸僑代表。
旅居國外的中華人民共和國公民在縣級以下人民代表大會代表選舉期間在國內的,可以參加原籍地或者出國前居住地的選舉。
Article 7 The electoral expense of the NPC and the local people's congresses shall be included in the fiscal budget and shall be borne by the National Treasury.
第七條 全國人民代表大會和地方各級人民代表大會的選舉經費，列入財政預算，由國庫開支。
Chapter 2 Election Institutions
第二章 選舉機構
Article 8 The Standing Committee of the National People's Congress shall conduct the election of deputies to the National People's Congress. The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall conduct the elections of deputies to the people's congresses at the corresponding levels.
In cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns, election committees shall be established to conduct the election of deputies to the people's congresses at the corresponding levels. The election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be under the leadership of the standing committees of the people's congresses at the corresponding levels. The election committees of townships, nationality townships, and towns shall be under the leadership of the standing committees of the people's congresses of cities not divided into districts, municipal districts, counties and autonomous counties.
The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall direct the work of electing deputies to the people's congresses at or below the county level in their administrative areas.
In cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns, election committees shall be established to conduct the election of deputies to the people's congresses at the corresponding levels. The election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be under the leadership of the standing committees of the people's congresses at the corresponding levels. The election committees of townships, nationality townships, and towns shall be under the leadership of the standing committees of the people's congresses of cities not divided into districts, municipal districts, counties and autonomous counties.
The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall direct the work of electing deputies to the people's congresses at or below the county level in their administrative areas.
第八條 全國人民代表大會常務委員會主持全國人民代表大會代表的選舉。省、自治區、直轄市、設區的市、自治州的人民代表大會常務委員會主持本級人民代表大會代表的選舉。
不設區的市、市轄區、縣、自治縣、鄉、民族鄉、鎮設立選舉委員會,主持本級人民代表大會代表的選舉。不設區的市、市轄區、縣、自治縣的選舉委員會受本級人民代表大會常務委員會的領導。鄉、民族鄉、鎮的選舉委員會受不設區的市、市轄區、縣、自治縣的人民代表大會常務委員會的領導。
省、自治區、直轄市、設區的市、自治州的人民代表大會常務委員會指導本行政區域內縣級以下人民代表大會代表的選舉工作。
Article 9 Members of the Election Committee of the municipalities, municipal jurisdictions, counties, autonomous counties not divided into districts shall be appointed by the Standing Committee of the People's Congress of the same level. Members of the Election Committee of a township, ethnic township, and town shall be appointed by the Standing Committee of the People's Congress of the municipality, municipal jurisdiction, county, and autonomous county not divided into districts.
Those Election Committee members who are deputy candidates shall resign from the Election Committee.
Those Election Committee members who are deputy candidates shall resign from the Election Committee.
第九條 不設區的市、市轄區、縣、自治縣的選舉委員會的組成人員由本級人民代表大會常務委員會任命。鄉、民族鄉、鎮的選舉委員會的組成人員由不設區的市、市轄區、縣、自治縣的人民代表大會常務委員會任命。
選舉委員會的組成人員為代表候選人的,應當辭去選舉委員會的職務。
Article 10 The Election Committee shall perform the following responsibilities:
a) Dividing the electoral districts where the deputies of the people's congress are to be elected, and allocating the number of deputies for each electoral district;
b) Administering voter registration, examining voter qualifications, releasing voter list; taking claims of different opinions on voter list and making decisions;
c) Determining the election date;
d) Seeking and verifying information on deputy candidates and organizing gatherings for candidates introduction; determining and releasing the final deputy candidate list;
e) Administering election via voting;
f) Determining the validity of the election and releasing the list of the deputies elected;
g) Other responsibilities as provided by the Law. The Election Committee shall release election information in a timely manner.
a) Dividing the electoral districts where the deputies of the people's congress are to be elected, and allocating the number of deputies for each electoral district;
b) Administering voter registration, examining voter qualifications, releasing voter list; taking claims of different opinions on voter list and making decisions;
c) Determining the election date;
d) Seeking and verifying information on deputy candidates and organizing gatherings for candidates introduction; determining and releasing the final deputy candidate list;
e) Administering election via voting;
f) Determining the validity of the election and releasing the list of the deputies elected;
g) Other responsibilities as provided by the Law. The Election Committee shall release election information in a timely manner.
第十條 選舉委員會履行下列職責:
（一）劃分選舉本級人民代表大會代表的選區，分配各選區應選代表的名額;
（二）進行選民登記，審查選民資格，公布選民名單;受理對于選民名單不同意見的申訴，并作出決定;
（三）確定選舉日期;
（四）了解核實并組織介紹代表候選人的情況;根據較多數選民的意見，確定和公布正式代表候選人名單;
（五）主持投票選舉;
（六）確定選舉結果是否有效，公布當選代表名單;
（七）法律規定的其他職責。
選舉委員會應當及時公布選舉信息。
Chapter III: Number of Deputies to the National People's Congress
第三章 地方各級人民代表大會代表名額
Article 11 The number of deputies to the local people's congresses at various levels shall be determined in accordance with the following provisions:
(1) The base number of deputies to the people's congress of a province, an autonomous region or a municipality directly under the Central Government is 350. For a province or an autonomous region, one more deputy may be added for every one hundred fifty thousand people, and for a municipality directly under the Central Government, one more deputy may be added for every twenty-five thousand people, however, the total number of its deputies shall not exceed 1,000.
(2) The base number of deputies to the people's congresses of a city divided into districts or an autonomous prefecture is 240. One more deputy may be determined for every twenty-five thousand people; however, if the population of the city or autonomous prefecture exceeds ten million, the total number of its deputies shall not exceed 650;
(3) The base number of deputies to the people's congresses of a county, an autonomous county, a city not divided into districts or a municipal district is 120. One more deputy may be added for every five thousand people; however, if the population there exceeds one million six hundred fifty thousand, the total number of deputies shall not exceed 450; if the population is less than fifty thousand people, the total number of deputies may be less than 120;
(4) The basic number for townships, ethnic townships, and towns is forty and an additional deputy may be added for every 1500 people, however the total number of deputies shall be no more than 160; the number of deputies may fall below 40 for those administrative jurisdictions with a population of less than 2000.
The base number of deputies to a local people's congress plus the number of deputies added according to the size of the local population as stipulated in the preceding paragraph shall be the total number of deputies to the local people's congress.
The number of deputies to the people's congresses of an autonomous region or a province where many minority nationalities live in concentrated community may, upon decision of the Standing Committee of the National People's Congress, be added by five percent. The number of deputies to the people's congress of a county, an autonomous county, a township or a nationality township where many minority nationalities live in concentrated communities or people live in scattered groups may, upon decision of the standing committee of the people's congress of a province, an autonomous region, or a municipality directly under the Central Government, be added by five percent of the total.
(1) The base number of deputies to the people's congress of a province, an autonomous region or a municipality directly under the Central Government is 350. For a province or an autonomous region, one more deputy may be added for every one hundred fifty thousand people, and for a municipality directly under the Central Government, one more deputy may be added for every twenty-five thousand people, however, the total number of its deputies shall not exceed 1,000.
(2) The base number of deputies to the people's congresses of a city divided into districts or an autonomous prefecture is 240. One more deputy may be determined for every twenty-five thousand people; however, if the population of the city or autonomous prefecture exceeds ten million, the total number of its deputies shall not exceed 650;
(3) The base number of deputies to the people's congresses of a county, an autonomous county, a city not divided into districts or a municipal district is 120. One more deputy may be added for every five thousand people; however, if the population there exceeds one million six hundred fifty thousand, the total number of deputies shall not exceed 450; if the population is less than fifty thousand people, the total number of deputies may be less than 120;
(4) The basic number for townships, ethnic townships, and towns is forty and an additional deputy may be added for every 1500 people, however the total number of deputies shall be no more than 160; the number of deputies may fall below 40 for those administrative jurisdictions with a population of less than 2000.
The base number of deputies to a local people's congress plus the number of deputies added according to the size of the local population as stipulated in the preceding paragraph shall be the total number of deputies to the local people's congress.
The number of deputies to the people's congresses of an autonomous region or a province where many minority nationalities live in concentrated community may, upon decision of the Standing Committee of the National People's Congress, be added by five percent. The number of deputies to the people's congress of a county, an autonomous county, a township or a nationality township where many minority nationalities live in concentrated communities or people live in scattered groups may, upon decision of the standing committee of the people's congress of a province, an autonomous region, or a municipality directly under the Central Government, be added by five percent of the total.
第十一條 地方各級人民代表大會的代表名額,按照下列規定確定:
(一)省、自治區、直轄市的代表名額基數為三百五十名,省、自治區每十五萬人可以增加一名代表,直轄市每二萬五千人可以增加一名代表;但是,代表總名額不得超過一千名;
(二)設區的市、自治州的代表名額基數為二百四十名,每二萬五千人可以增加一名代表;人口超過一千萬的,代表總名額不得超過六百五十名;
(三)不設區的市、市轄區、縣、自治縣的代表名額基數為一百二十名,每五千人可以增加一名代表;人口超過一百六十五萬的,代表總名額不得超過四百五十名;人口不足五萬的,代表總名額可以少于一百二十名;
(四)鄉、民族鄉、鎮的代表名額基數為四十名,每一千五百人可以增加一名代表;但是,代表總名額不得超過一百六十名;人口不足二千的,代表總名額可以少于四十名。
按照前款規定的地方各級人民代表大會的代表名額基數與按人口數增加的代表數相加,即為地方各級人民代表大會的代表總名額。
自治區、聚居的少數民族多的省,經全國人民代表大會常務委員會決定,代表名額可以另加百分之五。聚居的少數民族多或者人口居住分散的縣、自治縣、鄉、民族鄉,經省、自治區、直轄市的人民代表大會常務委員會決定,代表名額可以另加百分之五。
Article 12 The specific number of deputies to the people's congress of a province, an autonomous region, or a municipality directly under the Central Government shall be determined by the Standing Committee of the National People's Congress according to this Law. The specific number of deputies to the people's congress of a city divided into districts, an autonomous prefecture, or a county shall be determined by the standing committee of the people's congress of a province, an autonomous region, or a municipality directly under the Central Government according to this Law and reported to the Standing Committee of the National People's Congress for the record. The specific number of deputies to the people's congress at the township level shall be determined by the Standing Committee of the people's congress at the county level according to this Law and reported to the standing committee of the people's congress at the next higher level for the record.
第十二條 省、自治區、直轄市的人民代表大會代表的具體名額,由全國人民代表大會常務委員會依照本法確定。設區的市、自治州和縣級的人民代表大會代表的具體名額,由省、自治區、直轄市的人民代表大會常務委員會依照本法確定,報全國人民代表大會常務委員會備案。鄉級的人民代表大會代表的具體名額,由縣級的人民代表大會常務委員會依照本法確定,報上一級人民代表大會常務委員會備案。
Article 13 Once the total number of deputies to a local people's congress at any level is determined, it shall no longer be changed. If the size of the population is changed considerably due to the change of the division in the administrative regions or the construction of major projects or other reasons, the total number of deputies to the people's congress at the corresponding level shall be re-determined according to this Law.
第十三條 地方各級人民代表大會的代表總名額經確定后,不再變動。如果由于行政區劃變動或者由于重大工程建設等原因造成人口較大變動的,該級人民代表大會的代表總名額依照本法的規定重新確定。
Article 14 The standing committee of the people's congress at this level or the Election Committee at this level determines the distribution of the number of deputies of the local people's congresses according to populations of the lower administrative division or electoral districts in its jurisdiction, based on the principle that each deputy represents the same number of urban and rural residents, and ensuring that each region, ethic group, and body of people has an appropriate number of deputies. Townships, ethnic townships, and towns with extremely small populations shall have at least one deputy in the people's congress of the counties or autonomous counties.
The method of distributing the number of deputies of the local people's congress shall be decided by the standing committee of the people's congress of the provinces, autonomous regions, and municipalities directly under the Central Government by referring to the deputy number distributing method of the NPC and taking consideration of actual local conditions.
The method of distributing the number of deputies of the local people's congress shall be decided by the standing committee of the people's congress of the provinces, autonomous regions, and municipalities directly under the Central Government by referring to the deputy number distributing method of the NPC and taking consideration of actual local conditions.
第十四條 地方各級人民代表大會代表名額，由本級人民代表大會常務委員會或者本級選舉委員會根據本行政區域所轄的下一級各行政區域或者各選區的人口數，按照每一代表所代表的城鄉人口數相同的原則，以及保證各地區、各民族、各方面都有適當數量代表的要求進行分配。在縣、自治縣的人民代表大會中，人口特少的鄉、民族鄉、鎮，至少應有代表一人。
地方各級人民代表大會代表名額的分配辦法，由省、自治區、直轄市人民代表大會常務委員會參照全國人民代表大會代表名額分配的辦法，結合本地區的具體情況規定。
Chapter IV: Number of Deputies to the National People's Congress
第四章 全國人民代表大會代表名額
Article 15 Deputies to the National People's Congress shall be elected by the people's congresses of the provinces, autonomous regions, and municipalities directly under the Central Government and by the People's Liberation Army.
The number of deputies to the National People's Congress shall not exceed 3,000. The allocation of the number of deputies shall be decided by the Standing Committee of the National People's Congress in accordance with existing conditions.
The number of deputies to the National People's Congress to be elected by the Hong Kong Special Administrative Region and the Macao Special Administrative Region and the methods for their elections shall be prescribed separately by the National People's Congress.
The number of deputies to the National People's Congress shall not exceed 3,000. The allocation of the number of deputies shall be decided by the Standing Committee of the National People's Congress in accordance with existing conditions.
The number of deputies to the National People's Congress to be elected by the Hong Kong Special Administrative Region and the Macao Special Administrative Region and the methods for their elections shall be prescribed separately by the National People's Congress.
第十五條 全國人民代表大會的代表,由省、自治區、直轄市的人民代表大會和人民解放軍選舉產生。
全國人民代表大會代表的名額不超過三千人。
香港特別行政區、澳門特別行政區應選全國人民代表大會代表的名額和代表產生辦法,由全國人民代表大會另行規定。
Article 16 The Standing Committee of the NPC determines the distribution of the numbers of deputy by the population of each province, autonomous region, and municipality directly under the Central Government based on the principle that each deputy represents the same number of urban and rural residents and ensuring that each region, ethic group, and body of people has an appropriate number of deputies.
The NPC deputy numbers of a province, autonomous region, and municipality directly under the Central Government to be elected shall comprise the number calculated based on the population, the equal base number and other numbers of deputies to be elected.
The Standing Committee of the NPC determines the final distribution of the number of NPC deputies.
The NPC deputy numbers of a province, autonomous region, and municipality directly under the Central Government to be elected shall comprise the number calculated based on the population, the equal base number and other numbers of deputies to be elected.
The Standing Committee of the NPC determines the final distribution of the number of NPC deputies.
第十六條 全國人民代表大會代表名額,由全國人民代表大會常務委員會根據各省、自治區、直轄市的人口數,按照每一代表所代表的城鄉人口數相同的原則,以及保證各地區、各民族、各方面都有適當數量代表的要求進行分配。
省、自治區、直轄市應選全國人民代表大會代表名額,由根據人口數計算確定的名額數、相同的地區基本名額數和其他應選名額數構成。
全國人民代表大會代表名額的具體分配,由全國人民代表大會常務委員會決定。
Article 17 The number of deputies to the National People's Congress to be elected by minority nationalities shall be allocated by the Standing Committee of the National People's Congress, in the light of the population and distribution of each minority nationality, to the people's congresses of the various provinces, autonomous regions, and municipalities directly under the Central Government, which shall elect them accordingly. Nationalities with exceptionally small populations shall each have at least one deputy.
第十七條 全國少數民族應選全國人民代表大會代表，由全國人民代表大會常務委員會參照各少數民族的人口數和分布等情況，分配給各省、自治區、直轄市的人民代表大會選出。人口特少的民族，至少應有代表一人。
Chapter V: Elections Among Minority Nationalities
第五章 各少數民族的選舉
Article 18 In areas where minority nationalities live in concentrated communities, each minority nationality shall have its deputy or deputies sit in the local people's congress.
Where the total population of a minority nationality in such an area exceeds 30 percent of the total local population, the number of people represented by each deputy of that minority nationality shall be equal to the number of people represented by each of the other deputies to the local people's congress.
Where the total population of a minority nationality in such an area is less than 15 percent of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately smaller, but shall not be less than half the number of people represented by each of the other deputies to the local people's congress. In autonomous counties where the population of the minority nationality practising regional autonomy is exceptionally small, the number of people represented by each deputy of this minority nationality may, upon a decision made by the standing committee of the people's congress of the province or autonomous region, be less than half the number of people represented by each of the other deputies. Other nationalities with exceptionally small populations living in concentrated communities shall each have at least one deputy.
Where the total population of a minority nationality in such an area accounts for not less than 15 percent and not more than 30 percent of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately smaller than the number of people represented by each of the other deputies to the local people's congress, but the allocated number of deputies to be elected by that minority nationality shall not exceed 30 percent of the total number of deputies.
Where the total population of a minority nationality in such an area exceeds 30 percent of the total local population, the number of people represented by each deputy of that minority nationality shall be equal to the number of people represented by each of the other deputies to the local people's congress.
Where the total population of a minority nationality in such an area is less than 15 percent of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately smaller, but shall not be less than half the number of people represented by each of the other deputies to the local people's congress. In autonomous counties where the population of the minority nationality practising regional autonomy is exceptionally small, the number of people represented by each deputy of this minority nationality may, upon a decision made by the standing committee of the people's congress of the province or autonomous region, be less than half the number of people represented by each of the other deputies. Other nationalities with exceptionally small populations living in concentrated communities shall each have at least one deputy.
Where the total population of a minority nationality in such an area accounts for not less than 15 percent and not more than 30 percent of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately smaller than the number of people represented by each of the other deputies to the local people's congress, but the allocated number of deputies to be elected by that minority nationality shall not exceed 30 percent of the total number of deputies.
第十八條 有少數民族聚居的地方,每一聚居的少數民族都應有代表參加當地的人民代表大會。
聚居境內同一少數民族的總人口數占境內總人口數百分之三十以上的,每一代表所代表的人口數應相當于當地人民代表大會每一代表所代表的人口數。
聚居境內同一少數民族的總人口數不足境內總人口數百分之十五的,每一代表所代表的人口數可以適當少于當地人民代表大會每一代表所代表的人口數,但不得少于二分之一;實行區域自治的民族人口特少的自治縣,經省、自治區的人民代表大會常務委員會決定,可以少于二分之一。人口特少的其他聚居民族,至少應有代表一人。
聚居境內同一少數民族的總人口數占境內總人口數百分之十五以上、不足百分之三十的,每一代表所代表的人口數,可以適當少于當地人民代表大會每一代表所代表的人口數,但分配給該少數民族的應選代表名額不得超過代表總名額的百分之三十。
Article 19 In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of Article 18 of this Law shall be applicable to the election to the local people's congresses of deputies of other minority nationalities and the Han nationality also living in concentrated communities in such areas.
第十九條 自治區、自治州、自治縣和有少數民族聚居的鄉、民族鄉、鎮的人民代表大會,對于聚居在境內的其他少數民族和漢族代表的選舉,適用本法第十八條的規定。
Article 20 With respect to minority nationalities living in scattered groups, the number of people represented by each of their deputies to the local people's congresses may be less than the number of people represented by each of the other deputies to such congresses.
In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall be applicable to the election to the local people's congresses of deputies of other minority nationalities and the Han nationality living in scattered groups in such areas.
In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall be applicable to the election to the local people's congresses of deputies of other minority nationalities and the Han nationality living in scattered groups in such areas.
第二十條 散居的少數民族應選當地人民代表大會的代表,每一代表所代表的人口數可以少于當地人民代表大會每一代表所代表的人口數。
自治區、自治州、自治縣和有少數民族聚居的鄉、民族鄉、鎮的人民代表大會,對于散居的其他少數民族和漢族代表的選舉,適用前款的規定。
Article 21 In cities not divided into districts, municipal districts, counties, townships, nationality townships, and towns where various minority nationalities live in concentrated communities, the minority nationality electorates may vote separately or jointly in the election of deputies to the local people's congress, depending on the relations between the nationalities, and their residential situation in such areas.
In autonomous counties and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall be applicable to the election to the respective people's congresses of deputies of other minority nationalities and the Han nationality living in such areas.
In autonomous counties and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall be applicable to the election to the respective people's congresses of deputies of other minority nationalities and the Han nationality living in such areas.
第二十一條 有少數民族聚居的不設區的市、市轄區、縣、鄉、民族鄉、鎮的人民代表大會代表的產生,按照當地的民族關系和居住狀況,各少數民族選民可以單獨選舉或者聯合選舉。
自治縣和有少數民族聚居的鄉、民族鄉、鎮的人民代表大會,對于居住在境內的其他少數民族和漢族代表的選舉辦法,適用前款的規定。
Article 22 The electoral documents, roll of voters, voter registration cards, list of candidates for deputies, deputies' election certificates and election committee seals made or published by autonomous regions, autonomous prefectures and autonomous counties shall be in the written languages of the nationalities commonly used in the locality.
第二十二條 自治區、自治州、自治縣制定或者公布的選舉文件、選民名單、選民證、代表候選人名單、代表當選證書和選舉委員會的印章等,都應當同時使用當地通用的民族文字。
Article 23 Other matters concerning elections among minority nationalities shall be handled with reference to the provisions of the relevant articles of this Law.
第二十三條 少數民族選舉的其他事項，參照本法有關各條的規定辦理。
Chapter VI: Zoning of Electoral Districts
第六章 選區劃分
Article 24 The number of deputies to the people's congresses in cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns shall be allocated to the electoral districts, and elections shall be held in the electoral districts. The zoning of electoral districts may be decided according to the voters' residence or on the basis of production units, institutions and work units.
The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.
The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.
第二十四條 不設區的市、市轄區、縣、自治縣、鄉、民族鄉、鎮的人民代表大會的代表名額分配到選區,按選區進行選舉。選區可以按居住狀況劃分,也可以按生產單位、事業單位、工作單位劃分。
選區的大小,按照每一選區選一名至三名代表劃分。
Article 25 Each deputy of the electoral districts in this jurisdiction shall represent an approximately equal number of people.
第二十五條 本行政區域內各選區每一代表所代表的人口數應當大體相等。
Chapter VII: Registration of Voters
第七章 選民登記
Article 26 The registration of voters shall be conducted on the basis of electoral districts, and the voters' qualifications confirmed through registration shall have long-term validity. Prior to each election, voters who have reached the age of 18 since the last registration of voters or who have had their political rights restored after a period of deprivation of political rights has expired, shall be registered. Voters who have moved out of the electoral districts where they originally registered shall be included in the roll of voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived of political rights according to law shall be removed from the roll.
Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election committee, not be included in the roll of voters.
Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election committee, not be included in the roll of voters.
第二十六條 選民登記按選區進行,經登記確認的選民資格長期有效。每次選舉前對上次選民登記以后新滿十八周歲的、被剝奪政治權利期滿后恢復政治權利的選民,予以登記。對選民經登記后遷出原選區的,列入新遷入的選區的選民名單;對死亡的和依照法律被剝奪政治權利的人,從選民名單上除名。
精神病患者不能行使選舉權利的,經選舉委員會確認,不列入選民名單。
Article 27 The roll of voters shall be made public 20 days prior to the date of election. and voter registration cards shall be issued. Where voters take part in elections and cast their votes on the strength of their voter registration cards, they shall be issued voter registration cards.
第二十七條 選民名單應在選舉日的二十日以前公布,實行憑選民證參加投票選舉的,并應當發給選民證。
Article 28 Those who hold different opinions on the voter list released may file claim with the Election Committee within five days from the day when the voter list is released. The Election Committee shall make a decision as to how to deal with a claim within three days. If an appellant disagrees with the decision, he or she may file a claim with the people's court before the fifth day prior to the Election Day, and the people's court shall produce a verdict before the Election Day. The verdict of the people's court is final.
第二十八條 對于公布的選民名單有不同意見的，可以在選民名單公布之日起五日內向選舉委員會提出申訴。選舉委員會對申訴意見，應在三日內作出處理決定。申訴人如果對處理決定不服，可以在選舉日的五日以前向人民法院起訴，人民法院應在選舉日以前作出判決。人民法院的判決為最后決定。
Chapter VIII: Nomination of Candidates for Deputies
第八章 代表候選人的提出
Article 29 Candidates for deputies to the national and local people's congresses shall be nominated on the basis of electoral districts or electoral units.
Each party or people's organization may jointly or individually recommend deputy candidates. More than ten voters or deputies may also jointly recommend deputy candidates. Recommenders shall introduce the deputy candidates to the Election Co,mmittee or the presidium of the people's congress. The deputy candidates who accept the recommendation shall provide the Election Committee or the presidium of the People's Congress with his or her true identification, CV and other basic information. If the information provided is not truthful, the Election Committee or the presidium of the people's congress shall circulate it among the voters or deputies.
The number of the deputy candidates recommended jointly or individually by parties and people's organizations or the number of the deputy candidates recommended jointly by voters or deputies must not exceed the number of deputies to be elected for this electoral district or electoral unit.
Each party or people's organization may jointly or individually recommend deputy candidates. More than ten voters or deputies may also jointly recommend deputy candidates. Recommenders shall introduce the deputy candidates to the Election Co,mmittee or the presidium of the people's congress. The deputy candidates who accept the recommendation shall provide the Election Committee or the presidium of the People's Congress with his or her true identification, CV and other basic information. If the information provided is not truthful, the Election Committee or the presidium of the people's congress shall circulate it among the voters or deputies.
The number of the deputy candidates recommended jointly or individually by parties and people's organizations or the number of the deputy candidates recommended jointly by voters or deputies must not exceed the number of deputies to be elected for this electoral district or electoral unit.
第二十九條 全國和地方各級人民代表大會的代表候選人,按選區或者選舉單位提名產生。
各政黨、各人民團體,可以聯合或者單獨推薦代表候選人。選民或者代表,十人以上聯名,也可以推薦代表候選人。推薦者應向選舉委員會或者大會主席團介紹代表候選人的情況。接受推薦的代表候選人應當向選舉委員會或者大會主席團如實提供個人身份、簡歷等基本情況。提供的基本情況不實的,選舉委員會或者大會主席團應當向選民或者代表通報。
各政黨、各人民團體聯合或者單獨推薦的代表候選人的人數,每一選民或者代表參加聯名推薦的代表候選人的人數,均不得超過本選區或者選舉單位應選代表的名額。
Article 30 The NPC and local people's congresses adopt multi-candidate election practice, i.e. the number of deputy candidates shall be larger than the number of the deputies to be elected.
If the electors directly elect deputies for the people's congress, the number of deputy candidates shall be 1.3 or two times of the number of deputies to be elected. If the people's congress above the county level elect deputies for the people's congress immediately above it, the number of deputy candidates shall be 1.2 or 1.5 times of the number of deputies to be elected.
If the electors directly elect deputies for the people's congress, the number of deputy candidates shall be 1.3 or two times of the number of deputies to be elected. If the people's congress above the county level elect deputies for the people's congress immediately above it, the number of deputy candidates shall be 1.2 or 1.5 times of the number of deputies to be elected.
第三十條 全國和地方各級人民代表大會代表實行差額選舉,代表候選人的人數應多于應選代表的名額。
由選民直接選舉人民代表大會代表的,代表候選人的人數應多于應選代表名額三分之一至一倍;由縣級以上的地方各級人民代表大會選舉上一級人民代表大會代表的,代表候選人的人數應多于應選代表名額五分之一至二分之一。
Article 31 If the voters directly elect deputies for the people's congress, the deputy candidates shall be recommended through nomination by voters, parties, and people's organizations. After consolidating, the Election Committee shall release the deputy candidate list and their profiles before the fifteenth day prior to the Election Day and pass the list over to the electors in the electoral district for discussion and negotiation to determine the final deputy candidate list. If the number of the nominated deputy candidates exceeds the maximum difference ratio as provided in Article 30 of this Act, the Election Committee shall present the matter to elector groups of various electoral districts for discussion and negotiation. The final deputy candidate list shall be determined based on the opinions of the majority electors. If consensus fails to be reached on the final deputy candidate list, primary election shall be conducted. The final deputy candidate list shall be determined according to the votes the deputies have received. The final deputy candidate list and their profiles shall be released before the seventh day prior to the Election Day.
When a local people's congress above the county level elects deputies for the people's congress immediately above it, the time spent on nomination and deliberation of the deputies shall be no less than two days. The presidiums of various people's congresses shall distribute printouts of the lawfully proposed deputy list and their profiles to all deputies for deliberation and discussion. If the number of proposed deputy candidates conforms to the difference ratio as provided in Article 30 of this Act, election via voting may be directly administered. If the number of the nominated deputy candidates exceeds the maximum difference ratio as provided in Article 30 of this Act, a primary election shall be held. The final deputy candidate list shall be determined according to the votes they have received during the primary election, in accordance with the election measures of the people's congress at this level and based on the specific difference ratio as provide by this Act, and then election via voting shall be administered.
When a local people's congress above the county level elects deputies for the people's congress immediately above it, the time spent on nomination and deliberation of the deputies shall be no less than two days. The presidiums of various people's congresses shall distribute printouts of the lawfully proposed deputy list and their profiles to all deputies for deliberation and discussion. If the number of proposed deputy candidates conforms to the difference ratio as provided in Article 30 of this Act, election via voting may be directly administered. If the number of the nominated deputy candidates exceeds the maximum difference ratio as provided in Article 30 of this Act, a primary election shall be held. The final deputy candidate list shall be determined according to the votes they have received during the primary election, in accordance with the election measures of the people's congress at this level and based on the specific difference ratio as provide by this Act, and then election via voting shall be administered.
第三十一條 由選民直接選舉人民代表大會代表的,代表候選人由各選區選民和各政黨、各人民團體提名推薦。選舉委員會匯總后,將代表候選人名單及代表候選人的基本情況在選舉日的十五日以前公布,并交各該選區的選民小組討論、協商,確定正式代表候選人名單。如果所提代表候選人的人數超過本法第三十條規定的最高差額比例,由選舉委員會交各該選區的選民小組討論、協商,根據較多數選民的意見,確定正式代表候選人名單;對正式代表候選人不能形成較為一致意見的,進行預選,根據預選時得票多少的順序,確定正式代表候選人名單。正式代表候選人名單及代表候選人的基本情況應當在選舉日的七日以前公布。
縣級以上的地方各級人民代表大會在選舉上一級人民代表大會代表時,提名、醞釀代表候選人的時間不得少于兩天。各該級人民代表大會主席團將依法提出的代表候選人名單及代表候選人的基本情況印發全體代表,由全體代表醞釀、討論。如果所提代表候選人的人數符合本法第三十條規定的差額比例,直接進行投票選舉。如果所提代表候選人的人數超過本法第三十條規定的最高差額比例,進行預選,根據預選時得票多少的順序,按照本級人民代表大會的選舉辦法根據本法確定的具體差額比例,確定正式代表候選人名單,進行投票選舉。
Article 32 When a local people's congress at or above the county level is to elect deputies to the people's congress at the next higher level, the nominees for deputies shall not be limited to the current deputies to the lower people's congress.
第三十二條 縣級以上的地方各級人民代表大會在選舉上一級人民代表大會代表時,代表候選人不限于各該級人民代表大會的代表。
Article 33 The election committee or the presidium of the people's congress shall introduce the deputy candidates to electors or deputies. Those parties, people's organizations, or deputies who have recommended deputy candidates may introduce the deputy candidates recommended at the elector group or deputy group meetings. Upon the request of electors, the election committee shall arrange deputy candidates to meet with electors, and deputy candidates introduce themselves and answer questions from electors. However, on the election day, the deputy candidate introduction must cease.
第三十三條 選舉委員會或者人民代表大會主席團應當向選民或者代表介紹代表候選人的情況。推薦代表候選人的政黨、人民團體和選民、代表可以在選民小組或者代表小組會議上介紹所推薦的代表候選人的情況。選舉委員會根據選民的要求，應當組織代表候選人與選民見面，由代表候選人介紹本人的情況，回答選民的問題。但是，在選舉日必須停止代表候選人的介紹。
Chapter IX: Election Procedure
第九章 選舉程序
Article 34 The election of deputies for the NPC and the local people's congresses shall strictly follow the statutory procedures and is subject to supervision. No organization or individual shall interfere with electors or deputies exercising their rights freely.
第三十四條 全國人民代表大會和地方各級人民代表大會代表的選舉,應當嚴格依照法定程序進行,并接受監督。任何組織或者個人都不得以任何方式干預選民或者代表自由行使選舉權。
Article 35 When electors directly elect deputies for the people's congress; the electors collect their ballots by presenting their identification or elector certificate in accordance with the provisions of the election committee.
第三十五條 在選民直接選舉人民代表大會代表時,選民根據選舉委員會的規定,憑身份證或者選民證領取選票。
Article 36 The election committee shall set up voting stations according to voter distribution and based on the principle of allowing voters to vote with ease and proceed with the election. In places where electors are concentrated, election conventions may be held. Those electors who are disabled due to illness or live in remote areas with limited access to transportation facilities may cast their ballots at mobile voting boxes.
第三十六條 選舉委員會應當根據各選區選民分布狀況,按照方便選民投票的原則設立投票站,進行選舉。選民居住比較集中的,可以召開選舉大會,進行選舉;因患有疾病等原因行動不便或者居住分散并且交通不便的選民,可以在流動票箱投票。
Article 37 Where a local people's congress at or above the county level is to elect deputies to the people's congress at the next higher level, the election shall be presided over by the presidium of the lower people's congress.
第三十七條 縣級以上的地方各級人民代表大會在選舉上一級人民代表大會代表時,由各該級人民代表大會主席團主持。
Article 38 The election of deputies for the NPC and the local people's congresses shall adopt a secret ballot with no exception. Facility for confidential ballot writing shall be provided when election is under way.
If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for him.
If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for him.
第三十八條 全國和地方各級人民代表大會代表的選舉,一律采用無記名投票的方法。選舉時應當設有秘密寫票處。
選民如果是文盲或者因殘疾不能寫選票的,可以委托他信任的人代寫。
Article 39 A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.
第三十九條 選舉人對于代表候選人可以投贊成票,可以投反對票,可以另選其他任何選民,也可以棄權。
Article 40 If an elector is not available during the election, he or she may entrust in writing other electors to vote on his/her behalf upon approval of the election committee. Each elector shall accept voting entrustment from no more than three people and shall vote according to the intention of the entrusting elector.
第四十條 選民如果在選舉期間外出,經選舉委員會同意,可以書面委托其他選民代為投票。每一選民接受的委托不得超過三人,并應當按照委托人的意愿代為投票。
Article 41 When balloting has been concluded, scrutineers and vote-counters elected by the voters or deputies, and members of the election committee or members of the presidium of the people's congress shall check the number of people who voted against the number of votes cast and make a record of it; the record shall be signed by the scrutineers.
Family members of the deputies shall not serve as a controller of ballot or someone who counts the ballots.
Family members of the deputies shall not serve as a controller of ballot or someone who counts the ballots.
第四十一條 投票結束后,由選民或者代表推選的監票、計票人員和選舉委員會或者人民代表大會主席團的人員將投票人數和票數加以核對,作出記錄,并由監票人簽字。
代表候選人的近親屬不得擔任監票人、計票人。
Article 42 An election shall be null and void if the number of votes cast is greater than the number of people who voted, and it shall be valid if the number of votes cast is less than the number of people who voted.
A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid if fewer candidates are voted for than the number of deputies to be elected.
A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid if fewer candidates are voted for than the number of deputies to be elected.
第四十二條 每次選舉所投的票數,多于投票人數的無效,等于或者少于投票人數的有效。
每一選票所選的人數,多于規定應選代表人數的作廢,等于或者少于規定應選代表人數的有效。
Article 43 In a direct election of deputies to the people's congresses, the election shall be valid, if more than half of all the voters in an electoral district cast their votes. Candidates for deputies shall be elected only if they have obtained more than half of the votes cast by the voters that take part in the election.
When a local people's congress at or above the county level is to elect deputies to a people's congress at the next higher level, candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies.
Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones who have obtained more votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who have obtained more votes shall be elected.
If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected, another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive election as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two.
When another election is held to elect deputies to the people's congress at the county or township level in accordance with the provisions in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people's congress at or above the county level to elect deputies to the people's congress at the next higher level, the candidates shall be elected only when they have obtained a majority vote of all the deputies.
When a local people's congress at or above the county level is to elect deputies to a people's congress at the next higher level, candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies.
Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones who have obtained more votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who have obtained more votes shall be elected.
If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected, another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive election as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two.
When another election is held to elect deputies to the people's congress at the county or township level in accordance with the provisions in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people's congress at or above the county level to elect deputies to the people's congress at the next higher level, the candidates shall be elected only when they have obtained a majority vote of all the deputies.
第四十三條 在選民直接選舉人民代表大會代表時,選區全體選民的過半數參加投票,選舉有效。代表候選人獲得參加投票的選民過半數的選票時,始得當選。
縣級以上的地方各級人民代表大會在選舉上一級人民代表大會代表時,代表候選人獲得全體代表過半數的選票時,始得當選。
獲得過半數選票的代表候選人的人數超過應選代表名額時,以得票多的當選。如遇票數相等不能確定當選人時,應當就票數相等的候選人再次投票,以得票多的當選。
獲得過半數選票的當選代表的人數少于應選代表的名額時,不足的名額另行選舉。另行選舉時,根據在第一次投票時得票多少的順序,按照本法第三十條規定的差額比例,確定候選人名單。如果只選一人,候選人應為二人。
依照前款規定另行選舉縣級和鄉級的人民代表大會代表時,代表候選人以得票多的當選,但是得票數不得少于選票的三分之一;縣級以上的地方各級人民代表大會在另行選舉上一級人民代表大會代表時,代表候選人獲得全體代表過半數的選票,始得當選。
Article 44 The election committee or the presidium of the people's congress shall determine, in accordance with this Law, whether or not the result of an election is valid and shall announce it accordingly.
第四十四條 選舉結果由選舉委員會或者人民代表大會主席團根據本法確定是否有效,并予以宣布。
Article 45 No nationals shall act as deputies for the people's congress of two administrative divisions without affiliating relationships simultaneously.
第四十五條 公民不得同時擔任兩個以上無隸屬關系的行政區域的人民代表大會代表。
Chapter 10 Supervision, Dismissal, Resignation, and By-Elections of Deputies
第十章 對代表的監督和罷免、辭職、補選
Article 46 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 right to recall the deputies they elect.
第四十六條 全國和地方各級人民代表大會的代表,受選民和原選舉單位的監督。選民或者選舉單位都有權罷免自己選出的代表。
Article 47 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 recall 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.
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.
第四十七條 對于縣級的人民代表大會代表,原選區選民五十人以上聯名,對于鄉級的人民代表大會代表,原選區選民三十人以上聯名,可以向縣級的人民代表大會常務委員會書面提出罷免要求。
罷免要求應當寫明罷免理由。被提出罷免的代表有權在選民會議上提出申辯意見,也可以書面提出申辯意見。
縣級的人民代表大會常務委員會應當將罷免要求和被提出罷免的代表的書面申辯意見印發原選區選民。
表決罷免要求,由縣級的人民代表大會常務委員會派有關負責人員主持。
Article 48 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.
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.
第四十八條 縣級以上的地方各級人民代表大會舉行會議的時候,主席團或者十分之一以上代表聯名,可以提出對由該級人民代表大會選出的上一級人民代表大會代表的罷免案。在人民代表大會閉會期間,縣級以上的地方各級人民代表大會常務委員會主任會議或者常務委員會五分之一以上組成人員聯名,可以向常務委員會提出對由該級人民代表大會選出的上一級人民代表大會代表的罷免案。罷免案應當寫明罷免理由。
縣級以上的地方各級人民代表大會舉行會議的時候,被提出罷免的代表有權在主席團會議和大會全體會議上提出申辯意見,或者書面提出申辯意見,由主席團印發會議。罷免案經會議審議后,由主席團提請全體會議表決。
縣級以上的地方各級人民代表大會常務委員會舉行會議的時候,被提出罷免的代表有權在主任會議和常務委員會全體會議上提出申辯意見,或者書面提出申辯意見,由主任會議印發會議。罷免案經會議審議后,由主任會議提請全體會議表決。
Article 49 Secret ballot shall be adopted for dismissing a deputy.
第四十九條 罷免代表采用無記名的表決方式。
Article 50 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.
Dismissing a deputy elected by a local people's congress above the county level must be passed by more than half of the deputies for the people's congress. When the people's congress is not in session, it must be passed by more than half of the members of the standing committee. The dismissing resolution must be submitted to the standing committee of the people's congress of the level immediately above it for record and announcement.
Dismissing a deputy elected by a local people's congress above the county level must be passed by more than half of the deputies for the people's congress. When the people's congress is not in session, it must be passed by more than half of the members of the standing committee. The dismissing resolution must be submitted to the standing committee of the people's congress of the level immediately above it for record and announcement.
第五十條 罷免縣級和鄉級的人民代表大會代表,須經原選區過半數的選民通過。
罷免由縣級以上的地方各級人民代表大會選出的代表,須經各該級人民代表大會過半數的代表通過;在代表大會閉會期間,須經常務委員會組成人員的過半數通過。罷免的決議,須報送上一級人民代表大會常務委員會備案、公告。
Article 51 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.
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.
第五十一條 縣級以上的各級人民代表大會常務委員會組成人員,全國人民代表大會和省、自治區、直轄市、設區的市、自治州的人民代表大會專門委員會成員的代表職務被罷免的,其常務委員會組成人員或者專門委員會成員的職務相應撤銷,由主席團或者常務委員會予以公告。
鄉、民族鄉、鎮的人民代表大會主席、副主席的代表職務被罷免的,其主席、副主席的職務相應撤銷,由主席團予以公告。
Article 52 Deputies for the NPC and the people's congress of a province, autonomous region, and municipality directly under the central government, municipality or autonomous prefecture divided into districts may submit a letter of resignation in writing to the standing committee of the people's congress that elected the deputy. If the standing committee is to accept the resignation, it must be passed by more than half of the standing committee members. The resolution that accepts the resignation must be submitted to the standing committee of the people's congress of the level immediately above it for record and announcement.
A deputy for the people's congress of the county level may submit a letter of resignation in writing to the standing committee of the people's congress of this level; a deputy for the people's congress of the township level may submit a letter of resignation in writing to the standing committee of the people's congress of this level. If the standing committee of the people's congress at the county level is to accept the resignation, it must be passed by more than half of the standing committee members. If the standing committee of the people's congress of the township level is to accept the resignation, it must be passed by more than half of the deputies for the people's congress. If the resignation is accepted, it shall be announced.
A deputy for the people's congress of the county level may submit a letter of resignation in writing to the standing committee of the people's congress of this level; a deputy for the people's congress of the township level may submit a letter of resignation in writing to the standing committee of the people's congress of this level. If the standing committee of the people's congress at the county level is to accept the resignation, it must be passed by more than half of the standing committee members. If the standing committee of the people's congress of the township level is to accept the resignation, it must be passed by more than half of the deputies for the people's congress. If the resignation is accepted, it shall be announced.
第五十二條 全國人民代表大會代表,省、自治區、直轄市、設區的市、自治州的人民代表大會代表,可以向選舉他的人民代表大會的常務委員會書面提出辭職。常務委員會接受辭職,須經常務委員會組成人員的過半數通過。接受辭職的決議,須報送上一級人民代表大會常務委員會備案、公告。
縣級的人民代表大會代表可以向本級人民代表大會常務委員會書面提出辭職,鄉級的人民代表大會代表可以向本級人民代表大會書面提出辭職。縣級的人民代表大會常務委員會接受辭職,須經常務委員會組成人員的過半數通過。鄉級的人民代表大會接受辭職,須經人民代表大會過半數的代表通過。接受辭職的,應當予以公告。
Article 53 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.
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.
第五十三條 縣級以上的各級人民代表大會常務委員會組成人員,全國人民代表大會和省、自治區、直轄市、設區的市、自治州的人民代表大會的專門委員會成員,辭去代表職務的請求被接受的,其常務委員會組成人員、專門委員會成員的職務相應終止,由常務委員會予以公告。
鄉、民族鄉、鎮的人民代表大會主席、副主席,辭去代表職務的請求被接受的,其主席、副主席的職務相應終止,由主席團予以公告。
Article 54 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.
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.
第五十四條 代表在任期內，因故出缺，由原選區或者原選舉單位補選。
地方各級人民代表大會代表在任期內調離或者遷出本行政區域的，其代表資格自行終止，缺額另行補選。
縣級以上的地方各級人民代表大會閉會期間，可以由本級人民代表大會常務委員會補選上一級人民代表大會代表。
補選出缺的代表時，代表候選人的名額可以多于應選代表的名額，也可以同應選代表的名額相等。補選的具體辦法，由省、自治區、直轄市的人民代表大會常務委員會規定。
Chapter XI: Sanctions Against Disruption of Elections
第十一章 對破壞選舉的制裁
Article 55 In order to ensure that the voters and deputies freely exercise their right to vote and stand for election, administrative penalties for public security shall, in accordance with law, be imposed on a person who commits one of the following acts by disrupting an election or violating the provisions on public security administration; if a crime is constituted, criminal responsibility shall be investigated in accordance with law:
(1) bribing a voter or deputy with money or other things of value to interfere with him in the free exercise of his right to vote and stand for election;
(2) using violence, threat, deception or other illegal means to interfere with a voter or deputy in the free exercise of his right to vote and stand for election;
(3) forging electoral documents, falsifying vote tallies or committing other illegal acts; and
(4) suppressing or retaliating against anyone who incriminates or informs against the person committing illegal acts in an election or who demands the recall of a deputy.
Any State functionary who commits one of the acts specified in the preceding paragraph shall be given administrative sanctions in accordance with law.
Where anyone is elected by committing any act provided in the preceding paragraph, the election result in favor of him shall be null and void.
(1) bribing a voter or deputy with money or other things of value to interfere with him in the free exercise of his right to vote and stand for election;
(2) using violence, threat, deception or other illegal means to interfere with a voter or deputy in the free exercise of his right to vote and stand for election;
(3) forging electoral documents, falsifying vote tallies or committing other illegal acts; and
(4) suppressing or retaliating against anyone who incriminates or informs against the person committing illegal acts in an election or who demands the recall of a deputy.
Any State functionary who commits one of the acts specified in the preceding paragraph shall be given administrative sanctions in accordance with law.
Where anyone is elected by committing any act provided in the preceding paragraph, the election result in favor of him shall be null and void.
第五十五條 為保障選民和代表自由行使選舉權和被選舉權,對有下列行為之一,破壞選舉,違反治安管理規定的,依法給予治安管理處罰;構成犯罪的,依法追究刑事責任:
(一)以金錢或者其他財物賄賂選民或者代表,妨害選民和代表自由行使選舉權和被選舉權的;
(二)以暴力、威脅、欺騙或者其他非法手段妨害選民和代表自由行使選舉權和被選舉權的;
(三)偽造選舉文件、虛報選舉票數或者有其他違法行為的;
(四)對于控告、檢舉選舉中違法行為的人,或者對于提出要求罷免代表的人進行壓制、報復的。
國家工作人員有前款所列行為的,還應當依法給予行政處分。
以本條第一款所列違法行為當選的,其當選無效。
Article 56 In the event institutions hosting the election find disruptions of the election or receive report on such disruptions, it shall investigate and deal with the disruptions in accordance with the law in a timely manner. If law enforcement is necessary, the relevant cases shall be handed over to relevant authorities for follow-up.
第五十六條 主持選舉的機構發現有破壞選舉的行為或者收到對破壞選舉行為的舉報，應當及時依法調查處理;需要追究法律責任的，及時移送有關機關予以處理。
Chapter XII: Supplementary Provisions
第十二章 附則
Article 57 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.
第五十七條 省、自治區、直轄市的人民代表大會及其常務委員會根據本法可以制定選舉實施細則,報全國人民代表大會常務委員會備案。
