Part Three :The Election System and the System of People’s Congress 1. The Election System The election system here refers to the way citizens choose

Part Three :The Election System and the System Part Three :The Election System and the System of People’s Congressof People’s Congress

1. The Election SystemThe election system here refers to the way

citizens choose public servants of the state. The election system of the PR 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.


1. The Election System Elections in China take two forms. Direct elections occur for village councils in designated

rural areas, and for the local People's Congress at the county level in all areas.

Indirect election ： All other above county levels of the People's Congress up to the National People's Congress, the national legislature, are indirectly elected by the People's Congress of the level immediately below.

Executive positions, including the President, the State Council and provincial governors are indirectly elected by the People's Congress of the relevant level.


1. The Election System

I. The 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.



I. The right to vote and stand for election only those who have been convicted and stripped of their political

rights; those who have mental illness have no 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.



I. 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.



II. Organs presiding over the electionDirect 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 to the NPC in special administrative regions and to the NPC among Taiwan compatriots is presided over by the Standing Committee of the NPC.


1. The Election System Functions and powers of election committeesTo preside over the election of deputies to

people’s congressesTo decide on the date of election;To conduct registration of voters, examine the

qualifications of voters and publicize lists of voters;

To look into appeals of disagreement lodged by voters concerning the lists of voters and make due decisions;



Functions and powers of election committeesTo decide on the division of constituencies and

allocate the number of deputies to the constituencies;

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;



• Functions and powers of election committees To dispatch staff to preside over ballot casting

stations or the election of electoral meetings;To decide on whether the election is valid and

publicize the lists of names of deputies elected;

To process reports and charges against violations during the election.


1. The Election System III. Allocation of the number of deputies 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.



III. Allocation of the number of deputies

Deputies to people’s congresses in ethnic self-government regions

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.



III. Allocation of the number of deputies Deputies from the armed forces• The number of deputies of the armed forces 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

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III. Allocation of the number of deputies 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

Division of constituencies• A constituency is often divided into several

voter’s groups.• The size of constituencies is decided according

to the principle that a constituency may have one to three deputies.



Ⅳ. Direct Election

Division of constituencies• 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.


1. The Election System• Urban constituencies may be divided according

to residential quarters or according to production units, institutions or work units ， 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.



Ⅳ. Direct Election• Division of constituencies• 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.


1. The Election System Ⅴ. Direct 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.


1. The Election System Ⅴ. Direct election process (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.

• 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.


1. The Election System Ⅴ. Direct election process

(3) 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.


1. The Election System Ⅴ. Direct election process

(4) 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.

(5) 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.


1. The Election System VI. 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.



VI. Indirect 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) 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.




(5) 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 which is to be drawn by standing committees of people’s congresses.



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.


2. The System of People’s CongressFundamental political system in China.All power belongs to the people, people exercise power

through the NPC and local people’s congresses.People’s Congresses are instituted through democratic

election.All administrative, judicial and procuratorial organs of the

state are created by the people’s congresses to which they are responsible and under whose supervision they operate.


(1) Major Functions and Rights of the NPC Lawmaking or legislation Communication with the public, (public forum) Representation, and legitimating Criticism and control of the other branches of government, most notably the executive Election and decision,


Major Functions and Rights of the NPC • The Constitution empowers the NPC with the total and

highest position and the following major functions and rights:

To make law, formulate and revise the Constitution • enact and revise basic laws and other laws of the

state. To supervise its implementation;


to elect and to make decisionsto elect members of the Standing Committee of the NPC,

the president and vice president of the PRC, the chairman of the Central Military Commission ,the president of the Supreme People's Court, the procurator-general of the Supreme People's Procuratorate.

To decide on the choice of the premier of the State Council upon nomination by the president, the choice of other members composing the State Council upon the nomination by the premier


to elect and to make decisionsto decide on the choice of other members

composing the Central Military Commission upon nomination by the chairman of the Commission

The NPC has the right to remove all the above-mentioned functionaries.


To examine and approve the plan for national economic and social development; to examine and approve the state budget and the report on its implementation; to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government; to decide on the establishment of special administrative regions and the systems to be instituted in the regions; and to decide on questions of war and peace

Part Three :The Election System and the Part Three :The Election System and the System of People’s CongressSystem of People’s Congress

(2) The structure of National People’s Congress

The Chamber

The Presidium

The SecretariatSpecial committees

Special inquiry committees

The Delegations

The Sub-delegations


• When the NPC is in recess, its work is carried out by a Standing Committee, elected by the NPC, the Committee meets twice per month .

• The powers of the Committee include the right to declare and enforce martial law, oversee NPC elections, supervise the work of the State Council and Supreme People’s Court, appoint and remove members of the State Council on the recommendation of the premier when the NPC is not in session, and serve as the interim NPC when it is not in session. It also runs a serious of specialist committees .


(3) The structure of the NPC Standing Committee

The Floor

Council of Chairmen

Secretary-General and Secretariat

Special committees

Special inquiry committees

Panels

Work Commissions

Part Three :The Election System and the System of Part Three :The Election System and the System of People’s CongressPeople’s Congress

(4) Rights of the NPC deputies:

1. to draft proposals for bills, raising suggestions, criticisms and voicing opinions; 2. to vote in election and decide on appointment;

3. to raise bills for questioning and conduct hearings;4. not to be investigated for their speeches and voting

at various sessions of the NPC;5. not to be arrested or criminally tried without

permission when the NPC is in session or not in session;

6. to make inspections concerning issues under review by the NPC


2. The System of People’s Congress

Obligations of the deputies: 1. to exemplarily abide by the Constitution and laws,

earnestly exercise rights and functions, maintain state secret and assist the enforcement of the Constitution and laws in the production, work and social activities they engage in;

2. to maintain close contact with the units and people from whom they are elected, listen to and report people’s opinions and demands and strive to serve the people.


(5) Assessment of NPC system• Theoretically, the National People’s Congress (NPC) is the highest

organ of state power, it represents the people of China and has the power to make and enforce laws, to amend the constitution, to designate and remove the primer and the State Council, and to elect the president of the Supreme People’s Court.

• During meetings, delegates can question senior government ministers, submit motions, make suggestions and raise questions about government policy.

• The unicameral structure, with nearly three thousand deputies elected for five-year terms.


(5) Assessment of NPC system In practice, its powers are limited in several ways: Its huge size in terms of deputies affects its efficiency. It meets only for one session of about 2 weeks every year , rarely

meet in full plenary session, spending most of the time in group session.

Delegates are only indirectly elected by the people. It is more like a public forum to discusses and endorses the

decisions mostly initiated and proposed by the CCP.


(5) Assessment of NPC system In practice, its powers are limited in several ways: Delegates are structured so that workers, peasants, intellectuals

and soldiers have occupational representation, and they tend to be recommended as a reward for exemplary work and public service, rather than because they have particular administrative abilities.

In general, some western scholars point out that its huge size, short sessions and lack of real power suggests that the NPC is more like a rubber stamp for the party.

The end ,Thank you!

Documents

Part Three :The Election System and the System of People’s Congress 1. The Election System The election system here refers to the way citizens choose