The election system here refers to the way citizens choose public
servants of the state. The election system of the People's Republic
of China here refers to the election of deputies to the people's
congresses at various levels.
The election of deputies to the people's congresses includes
general local election and the election of deputies from the armed
forces, in the special administrative regions and among Taiwan
compatriots.
The general election is applicable to the choice of local deputies
and deputies in ethnic self-government areas.
I. The right to vote and stand for election
1. The right to vote and stand for election
(1) Obtaining the right to vote and stand for election
1) Direct right to vote and stand for election
All citizens of the People's Republic of China who have reached the
age of 18 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.
Those who have been convicted to prison terms, are serving
short-term forced labor under detention or have been put under
surveillance but have not been stripped of their political rights;
those who are in custody, under investigation, being charged and
tried but the procuratorate or the court has not decided to suspend
their rights of election; those who are on bail, or in residences
under surveillance; those who are being reeducated through labor
and those who have been punished with detention have the right to
vote and stand for election.
2) Indirect right to vote and stand for election
In
general local elections, deputies to the people's congresses at
various levels have the right to vote, but those who have the right
to stand for election are not restricted to deputies of the
people's congress of the same level.
In
the election of deputies in the armed force units equivalent to
above the county level, deputies to army men congresses of the same
level have the right to vote but those who have the right to stand
for election are not restricted to deputies of the army men
congresses of the same level.
In
the election of deputies in special administration regions, members
of electoral meetings have the right to vote but those who have the
right to stand for election are not restricted to members of
electoral meetings.
The election of deputies among Taiwan compatriots is conducted by
consultation of the organizations of standing committees of
people's congresses of provinces, autonomous regions and
municipalities directly under the Central Government. Those who
have the right to vote are those chosen by the consultations but
people who have the right to stand for election are not restricted
to those chosen by the consultations.
(2) Suspension of the right to vote and stand for
election
During direct elections, those who are under custody, being
investigated, charged or tried because of endangering national
security or other serious criminal activities are suspended of
their right to vote and stand for election during the period of
custody, upon decision of the procuratorate or the court.
(3) The stripping of the right to vote and stand for
election
Those who are stripped of their political rights according to law
do not have the right to vote or stand for election.
2. Recognition of the qualifications of the electorate during
direct elections
(1) Registration of voters
The registration of voters is a legal recognition of the voter.
Citizens must register according to law and after verification of
their qualifications, they are entered into lists of voters for
publicity, before they become voters.
The registration of voters is presided over by the election
committee and carried out in constituencies.
Before each election, those who have reached the age of 18 and
those who have regained their political rights since the last
election shall be registered.
Voters who have moved their residence out of their original
constituencies after registration shall be entered in the list of
voters in the constituencies they have newly moved into.
Names of voters who have died or been stripped of their political
rights shall be struck out of the lists of voters.
Once recognized upon registration, the qualifications of voters
remain valid.
(2) The publicity of lists of voters
The lists of voters shall be made public by the election committee
20 days before the day of voting.
(3) Arbitration in case of disputes over the qualifications of
voters
Disagreeing opinions for the lists of voters may be made to the
election committee.
The election committee shall make a decision on the disagreeing
opinion within three days.
Those who cannot accept the ruling of the election committee may
appeal to a court five days before the election day and the court
should make a judgement before the election day.
The ruling of the court is the final decision.
3. Guarantee of the rights of voters
(1) The guarantee of the voters of their rights
No
one may take actions in whatever form at any time to investigate
the electoral conduct of the voters.
(2) Secret voting and competitive election
1) Secret voting
All elections take the form of secret ballot.
If
the voter is blind or physically disabled to write, he or she may
entrust others to fill in the ballot.
2) Competitive election
Election of deputies to people's congresses at all levels adopts
the competitive election method.
II. Organs presiding over the election
1. Organs presiding over the election
Direct elections are presided over by election committees of the
same level. Indirect elections are presided over by the standing
committees of people's congresses of the same level.
Election of deputies of the armed forces is presided over by
election committees of the corresponding levels.
Election of deputies to the NPC in special administrative regions
is presided over by the Standing Committee of the NPC.
The Standing Committee of the NPC presides over the electoral
meetings of special administrative regions and the electoral
meetings elect a presidium, which shall preside over the electoral
meetings.
Election of deputies to the NPC among Taiwan compatriots is
presided over by the Standing Committee of the NPC. Standing
committees of people's congresses of provinces, autonomous regions
and municipalities directly under the Central Government and the
armed forces are responsible to organize consultations to elect
deputies.
2. The functions and powers of election committees during direct
election
(1) To preside over the election of deputies to people's congresses
at the corresponding levels;
(2) To decide on the date of election;
(3) To conduct registration of voters, examine the qualifications
of voters and publicize lists of voters;
(4) To look into appeals of disagreement lodged by voters
concerning the lists of voters and make due decisions;
(5) To decide on the division of constituencies and allocate the
number of deputies to the constituencies;
(6) To tally and publicize the names of candidates for deputies and
according to the opinion of the majority of voters, decide and
publicize the official lists of candidates for deputies;
(7) To dispatch staff to preside over ballot casting stations or
the election of electoral meetings;
(8) To decide on whether the election is valid and publicize the
lists of names of deputies elected; and
(9) To process reports and charges against violations during the
election.
III. Allocation of the number of deputies
1. Deputies to local people's congresses in ordinary
administrative regions
The number of deputies to the NPC, and people's congresses of
provinces, autonomous regions, counties and autonomous counties is
distributed by the standing committee of the corresponding level
according to the principle of one deputy in rural areas
representing a population four times that of a deputy in urban
areas.
2. Deputies to people's congresses in ethnic self-government
regions
(1) In areas where the population of one ethnic minority makes up
30 percent or more of the total local population, the population a
deputy represents equals that represented by any other deputies in
the same local people's congress.
(2) In areas where the population of one ethnic minority makes up
more than 15 but under 30 percent of the total local population,
the population a deputy represents may be smaller than that
represented by other deputies in the same local people's congress
but deputies from this ethnic minority shall be no more than 30
percent of the total number of deputies.
(3) In areas where the population of one ethnic minority makes up
less than 15 percent of the total local population, the population
a deputy represents may be less than one half of that represented
by other deputies in the same local people's congress. In counties
of ethnic self-government where minority population is
exceptionally small, the population a deputy represents may be less
than half of the total local population, upon decision of the
standing committee of the people's congress of a province or an
autonomous region. Other ethnic groups whose populations are
exceptionally small may have at least one deputy in the local
people's congress.
(4) Ethnic minorities living in scattered communities shall have
their deputies and the population each deputy represents may be
smaller than that represented by every other deputy in the local
people's congress.
3. Deputies from the armed forces
The number of deputies of the armed forces in the people's
congresses of where they are stationed is decided by the standing
committees of the specific provinces, autonomous regions,
municipalities directly under the Central Government, cities and
counties where the army is stationed.
The number of deputies of the armed forces to the National People's
Congress is decided by the Standing Committee of the NPC and
allocated by the supreme election committee of the armed
forces.
4. Deputies in special administrative regions and among Taiwan
compatriots
The allocation of the number of deputies to the NPC from special
administrative regions and among Taiwan compatriots is decided by
the Standing Committee of the NPC.
IV. Direct election
Direct election means voters directly elect deputies to the
people's congresses by casting their votes.
Direct elections are applicable to the election of deputies to the
people's congresses of the counties, districts, townships and
towns.
1. Division of constituencies
(1) Constituency and voter's group
A
constituency is often divided into several voter's groups.
(2) Size and type of constituencies
1) The size of constituencies
The size of constituencies is decided according to the principle
that a constituency may have one to three deputies.
The population an urban deputy represents shall be more or less the
same as those in different constituencies in urban areas. The
population a rural deputy represents shall be more or less the same
as those in different constituencies in rural areas.
2) Types of constituencies
Urban constituencies may be divided according to residential
quarters or according to production units, institutions or work
units.
In
urban areas, voters of a production (or working) unit or an
institution may vote in the constituencies where they work.
During rural election of the county people's congress, normally
several villages constitute a constituency. Villages of
exceptionally large populations or townships of exceptionally small
populations may stand as a constituency on their own.
During the election of deputies to the people's congresses of
townships and towns, several villager groups may form a
constituency. Villagers groups with exceptionally large populations
or villages with exceptionally small populations may stand as a
constituency on their own.
2. The election process
(1) Naming the candidates
Candidates for deputies to the people's congresses of the county
and township levels are nominated according to constituencies.
Candidates may be nominated jointly or independently by political
parties, mass organizations or more than ten voters, but the number
of candidates a voter nominates shall not exceed the number of
deputies in the corresponding areas.
(2) Casting the ballot
Ballot casting is presided over by the election committee.
Voting stations are established and mobile voting boxes are
furnished in the constituencies. Election meetings may be called to
cast the vote.
Voters obtain ballots by presenting their ID cards or voter's
cards.
Before ballot casting, staff presiding over the election shall
tally and declare the number of voters, examine the ballot box in
front of voters and organize voters to choose those to supervise
ballot casting and help tally the votes.
The election is valid when more than half of the voters in a
constituency have cast their votes. The election has to be held
another time if less than this figure has cast votes.
(3) Counting the votes
When the casting of ballot is over, voting supervisors and vote
tallying staff as well as the working personnel presiding over the
election shall check the number of people who have cast their votes
and the total votes received, make a record which is signed by the
voting supervisors.
When the votes received equal or are less than the number of voters
who have cast their ballot, the election is valid. If the votes
received outnumber the people who have cast their ballot, the
election is invalid.
When validity of the casting is confirmed, the counting of votes is
finished.
When a ballot cast exceeds the number of deputies to be elected,
the ballot is invalid. It is valid only when the number of deputies
it elects equals or is less than the number of deputies to be
elected.
(4) The election of candidates
A
candidate wins the election when he or she receives more than half
of the votes cast.
When the number of candidates receiving more than half of the votes
cast exceeds the number of deputies to be elected, the candidate
with the greater number of votes wins the election.
When more than one candidate receives the same amount of votes,
they shall stand for another voting and the one with more votes
wins the election.
When the number of candidates receiving more than half of the votes
is below the number of deputies to be elected, another election
shall be held to fill the vacancy.
The list of elected deputies is drawn according to the legally
prescribed competitive election principle in light of the number of
votes they receive during the first election.
During by-elections, those with more votes win but the votes they
receive shall not be less than one-third of the total votes
cast.
(5) Confirmation and declaration
When the counting of votes is completed, the election committee of
each constituency confirms the validity of the election and makes
due declaration.
(6) By-election
When the post of a deputy falls vacant during his or her term of
service, a by-election shall be held in his or her constituency to
fill the vacancy.
When a deputy is suspended of his or her qualification as a deputy,
a by-election shall be held to fill the vacancy.
Candidates standing for election to fill the vacancy during
by-elections may be more than or equal the actual number of
deputies to be elected.
By-election methods are to be decided by the standing committees of
people's congresses at the provincial level.
V. Indirect election
1. Indirect election
Indirect election means deputies to the people's congresses at the
next higher level are elected by deputies to the people's
congresses at the next lower level.
Indirect elections are applicable to the election of deputies to
people's congresses above the county level and deputies among the
armed forces at the same level and deputies to the NPC elected from
special administrative regions.
2. Election process
(1) Nominating the candidates
Candidates are nominated according to election units.
Candidates may be nominated by political parties or mass
organizations jointly or independently or by more than ten
deputies.
(2) Confirming the candidacy
After the lists of candidates are made, voting may be held, so long
as the number of candidates conforms to the legally prescribed
ratio of competitive election.
If
the number of candidates exceeds the legally prescribed ratio of
competitive election, a preliminary voting shall be held to
finalize the lists of candidates.
The time for nomination and deliberation for candidates when
electing, at the people's congresses at and above the county level,
deputies to the people's congresses at the next higher level shall
not be less than two days.
(3) Introduction of the candidates
Presidiums of people's congresses make introductions of candidates
to the deputies.
Political parties, mass organizations and deputies who recommend
candidates may make introductions of the candidates they nominate
at deputy's group meetings.
Introduction to candidates must stop on the day of voting.
(4) Casting the ballot
Presidiums of people's congresses shall preside over the
voting.
Voting can only begin when more than half of the deputies are
present at the occasion.
(5) Counting of the votes and declaration of election
results
When the casting of ballots is completed, voting supervisors, vote
counters and working personnel of the presidiums shall check the
numbers of voters and votes, make a record which is signed by the
voting supervisors.
Presidiums of people's congresses decide whether the election
results are valid and make due declaration.
(6) By-election
When the posts of deputies fall vacant or the qualifications of
deputies annulled, by-elections are held to fill the vacancy. When
the people's congresses which make the original election are not in
session, the standing committees of such people's congresses shall
conduct the by-election.
By-elections may adopt the competitive election or equal number
methods.
Concrete methods of by-elections are to be drawn by standing
committees of people's congresses at the provincial level.
VI. The choice of NPC deputies from special administrative
regions and among Taiwan compatriots
1. Deputies from special administrative regions
Election of NPC deputies from special administrative regions is
presided over by the Standing Committee of the NPC.
Special administrative regions establish electoral meetings and
election is presided over by the presidiums of electoral
meetings.
More than ten members of the electoral meetings may jointly
nominate NPC candidates.
Election results are announced by the presidiums and reported to
the Deputy Qualification Examination Committee of the Standing
Committee of the NPC. The Standing Committee of the NPC shall
confirm and declare the qualifications of the deputies elected.
2. Deputies from among Taiwan compatriots
The method of electing NPC deputies from among Taiwan compatriots
is decided specially according to related resolutions of the
NPC.
NPC deputies from among Taiwan compatriots are chosen through
consultation by the standing committees of people's congresses of
provinces, autonomous regions and municipalities directly under the
Central Government as well as organizations of the armed
forces.
VII. Election expenditure
Expenses for the election of the NPC and local people's congresses
at various levels are to be provided from the national
treasury.
VIII. Punishment of violations
Administrative or criminal penalties shall be meted out to those
who disrupt election, prevent voters and deputies from making free
use of the rights to vote and stand for election by means of
violence, intimidation, cheating and bribery; those who fabricate
election documents, make false reports on votes or commit other
behaviors in violation of the law; those who suppress or retaliate
people who report on or expose those whose conduct during the
election violates the law or people who propose the removal of
deputies.
