9.關于接受代表辭職的程序

9) On the procedures for accepting the resignation of deputies 

選舉法第四十九條規定了代表提出辭職的程序。一些地方提出，代表提出辭職后，由誰接受辭職，按什么樣的程序接受辭職，選舉法未作規定，各地做法也不統一，建議補充相關規定。據此，建議增加一條規定，補充相關內容。對于間接選舉的人大代表，“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。”對于縣級人大代表和鄉級人大代表，縣級人大常委會和鄉級人大可以分別接受辭職，“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。”（修正案草案第十九條）

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.關于對破壞選舉行為的調查處理

一些常委委員和地方提出，為了及時有效查處以暴力、威脅、賄賂等手段破壞選舉的行為，建議對嗲差處理機關及其責任予以明確。據此，建議增加一條規定：“主持選舉的機構或者其他有關機關，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；必要時移送有關機關予以處理。”（修正案草案第二十條）

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，根據一些地方和有關方面的意見，修正案草案還對選舉時應當設有秘密寫票處，選民接受委托代為投票應當按照委托人的意愿等內容作了補充完善。

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.

這里還有一個問題需要說明。有些常委委員和地方提出，應對以農民工為主體的流動人口如何參加現工作地的縣鄉直接選舉的問題作出明確規定。經研究認為，這個問題牽扯面廣，比較復雜，我國戶籍制度的改革正在推進過程中，現在解決這個問題的條件還不具備。因此，這次選舉法修改對此可暫不作規定。各地可以按照有關人大換屆選舉工作的文件精神，采取有效措施，保障農民工等流動人口的選舉權和被選舉權。

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“三個平等”的原則，根據我國經濟社會發展實際，實行城鄉按相同人口比例選舉人大代表，是堅持和完善人民代表大會制度的重要內容，是發展社會主義民主政治的重要舉措，將進一步保障城鄉居民享有平等的選舉權，推進我國的人權事業不斷發展，對充分調動各方面的積極性，統籌城鄉協調發展和促進社會和諧，具有重大而深遠的歷史意義。讓我們以高度的政治責任感、使命感，把選舉法修正案草案審議好、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修正案（草案）》和以上說明，請審議。謝謝。

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.