关于《中华人民共和国全国人民代表大会和地方各级人民代表大会选举法修正案（草案）》的说明
——2010年3月8日在第十一届全国人民代表大会第三次会议上
全国人民代表大会常务委员会副委员长 王兆国
Explanation on 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
delivered by Wang Zhaoguo, Vice Chairman of the Standing Committee of the National People's Congress (NPC) at the Third Session of the 11th NPC
March 8, 2010
各位代表：
Fellow Deputies,
我受全国人大常委会委托，现对《中华人民共和国全国人民代表大会和地方各级人民代表大会选举法修正案（草案）》作说明。
I have been entrusted by the Standing Committee of the National People's Congress (NPC) to explain 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.
一、修改选举法的必要性
I. Necessity of amending the Electoral Law
选举制度是人民代表大会制度的基础，选举法是保障公民依法行使选举权和被选举权，依法产生各级人大代表的重要法律。选举法最早于1953年制定，1979年重新修订，其后经过四次修改。党的十七大提出，要坚定不移地发展社会主义民主政治，扩大人民民主，保证人民当家作主，建议逐步实行城乡按相同人口比例选举人大代表。贯彻落实党的十七大的要求，有必要在深入总结选举工作实践经验的基础上，对选举法进行适当修改。
The electoral system is the foundation of the system of people's congresses. The Electoral Law is an important law which guarantees citizens the right to vote and the right to stand for election and which produces deputies to the people's congresses at all levels in accordance with the law. The Electoral Law was first enacted in 1953, revised in 1979, and it has been amended four times since then. At the Seventeenth National Congress of the Communist Party of China (CPC), it was proposed that we should firmly develop socialist democratic politics, expand the people's democracy, and ensure the people are the masters of the country. It was also suggested that we should gradually achieve the goal of electing deputies to people's congresses based on the same population ratio in urban and rural areas. In order to implement the requirements put forward at the Seventeenth National Congress, it was necessary to appropriately revise the Electoral Law on the basis of a review of our practical experience of elections.
选举人大代表的城乡人口比例，是选举法中的一个重要内容。新中国成立后，1953年制定第一部选举法时，我国的城镇人口比重较低，根据当年人口普查统计，只有13．26％。考虑到我国当时工人阶级主要集中在城市的具体情况，为了体现工人阶级在国家政治生活中的领导地位和工业化发展方向，选举法对农村和城市选举每一代表所需的人口数作了不同的规定。比如，规定全国人大代表的选举，各省按每80万人选代表1人，直辖市和人口在50万以上的省辖市按每10万人选代表1人。这样规定，符合我国的政治制度和当时的实际情况，是完全必要的。1979年修订选举法时，当时的城镇人口比重也才达到18．96％，因此基本上延续了1953年的规定，对于选举人大代表的城乡不同人口比例未作大的修改，但对不同层级规定得更加明确：全国为8∶1，省、自治区为5∶1，自治州、县、自治县为4∶1。
The ratio of urban to rural population for electing a deputy to a people's congress is an important part of the Electoral Law. After the founding of New China and when the first electoral law was enacted in 1953, the urban population in China was relatively small - only 13.26% according to the 1953 national census. Given that the working class was mainly concentrated in cities at that time, in order to reflect the leading position of the working class in national political life and the orientation toward industrial development, the Electoral Law included differing regulations on the number of people needed to elect a deputy in rural and urban areas. For instance, the regulations for electing an NPC deputy stipulated that each province could elect one deputy for every 800,000 people, and municipalities directly under the central government and cities under the jurisdiction of provincial governments with a population of more than 500,000 people could elect one deputy for every 100,000 people. Such stipulations were absolutely necessary and conformed with China's political system and the particular situation at that time. When the Electoral Law was revised in 1979, the urban population had reached 18.96%. As a result, the 1953 stipulations basically remained in place and no big changes were made with respect to electing deputies to people's congresses based on different population ratios in urban and rural areas; however, the stipulations on ratios for people's congresses at different levels were clarified: the ratio was stipulated as eight to one for the NPC, five to one for people's congresses of provinces and autonomous regions, and four to one for people's congresses of counties and for autonomous prefectures and counties.
改革开放后，我国经济社会快速发展，城镇化不断推进，城乡人口结构比例发生较大变化，全国人大常委会根据新形势、新情况，适时完善选举制度，逐步对城乡按不同人口比例选举人大代表的规定进行修改完善。1982年修改选举法，增加规定：县、自治县境内，镇的人口特多或者企事业组织职工人数比例较大的，经省、自治区、直辖市人大常委会决定，农村每一代表与镇或企事业组织职工每一代表所代表的人口数之比可以小于4∶1直至1∶1。1995年修改选举法，将全国和省、自治区农村与城市每一代表所代表的人口数比例，与自治州、县一样，统一修改为4∶1。
Since implementation of the policy of reform and opening up, China's economy and society have developed rapidly, urbanization has moved ahead unceasingly, and the urban and rural population composition has changed considerably. Based on the new circumstances and new situation, the NPC Standing Committee has made timely improvements to the electoral system and has amended and improved the provisions on electing deputies to people's congresses based on different population ratios in urban and rural areas. When the Electoral Law was revised in 1982, the following provision was added: in counties or autonomous counties which have towns with exceptionally large populations or enterprises and institutions whose workers and staff account for a relatively large proportion, the ratio between the number of people represented by a rural deputy and the number of people represented by a town deputy or a deputy from an enterprise or institution may, subject to a decision by the standing committee of the people's congress of the province, autonomous region, or municipality directly under the central government, be smaller than four to one, even one to one. When the Electoral Law was revised in 1995, the ratio of rural population to urban population represented by a deputy to the NPC or to the people's congress of the province or autonomous region was amended as four to one, the same as autonomous prefectures and counties.
1995年以来，我国的工业化、城镇化进一步加速，农村经济文化水平大幅提高，社会结构发生深刻变化。我国城镇人口比重已由1995年的29．04％上升为2009年的46．6％。与此同时，我国各级人大经历了数次换届选举，积累了丰富的经验，社会主义民主政治建设和法制建设取得巨大成就，党领导的人民民主专政的阶级基础和群众基础不断巩固和扩大。修改选举法，实行城乡按相同人口比例选举人大代表的客观条件已经具备。
Since 1995, China's industrialization and urbanization have accelerated further, the economic and cultural level in rural areas has increased dramatically, and profound changes have taken place in the social structure. The urban population in China has increased from 29.04% in 1995 to 46.6% in 2009. At the same time, people's congresses at all levels have gone through many terms of elections, accumulated abundant experience, achieved enormous results in developing socialist democratic politics and a socialist legal system, and the class base and mass foundation for the people's democratic dictatorship led by the Party has been consolidated and expanded. The objective conditions are in place for revising the Electoral Law and electing deputies to the people's congresses based on the same population ratio in urban and rural areas.
二、选举法修正案草案的指导思想和形成过程
II. Guiding Ideology and Formation of the Draft Amendments to the Electoral Law
选举法修正案草案的指导思想是，以邓小平理论和“三个代表”重要思想为指导，深入贯彻落实科学发展观，按照党的十七大的要求，总结实践经验，完善选举制度，实行城乡按相同人口比例选举人大代表，更好地体现人人平等、地区平等和民族平等原则，扩大人民民主，保证人民当家作主，为坚持和完善人民代表大会制度、发展社会主义民主政治提供坚实的制度保障。
The guiding ideology for the draft amendments to the Electoral Law was: to take Deng Xiaoping Theory and the important thought of Three Represents as our guide; thoroughly apply the Scientific Outlook on Development; and review practical experiences, improve the electoral system, elect deputies to the people's congresses based on the same population ratio in urban and rural areas, better reflect the principles of equality among people, regions and ethnic groups, spread the people's democracy, ensure the people are the masters of the country, and provide a solid, systematic guarantee for upholding and improving system of people's congresses as well as for developing socialist democratic politics in accordance with the requirements of the Party's Seventeenth National Congress.
草案起草工作遵循以下原则：一是把握方向，扩大民主。选举法是一部政治性很强的法律，修改选举法必须把握正确的政治方向，坚持党的领导、人民当家作主、依法治国有机统一，坚持中国特色社会主义政治发展道路，坚持从中国国情和实际出发。要从人民民主是社会主义的生命的高度，完善选举制度，进一步增强人大代表选举的普遍性和平等性，切实保证人民当家作主。二是突出重点，统筹兼顾。这次修改选举法，重点是落实党的十七大提出的实行城乡按相同人口比例选举人大代表的要求，同时统筹考虑选举法其他内容的必要修改。选举法的修改，是中国特色社会主义选举制度的自我完善与发展，要与经济社会发展相适应，循序渐进，逐步完善。三是积极稳妥，分类处理。对选举法实施中出现的带有一定普遍性的问题，进行深入研究，条件成熟、认识一致的，有针对性地进行修改；对于一些目前尚不具备解决条件的问题，暂不作规定，可以在实践中继续探索。
We adhered to the following principles when drafting the amendments. One, we maintained the correct orientation, and expanded democracy. The Electoral Law is politically significant. When revising it, we maintained a correct political orientation; intimately integrated the leadership of the Party, the position of the people as the masters of the country, and the rule of law; adhered to the political development path of socialism with Chinese characteristics; and persisted in proceeding from China's particular conditions and realities. With the noble view that the people's democracy is the lifeblood of socialism, we improved the electoral system, further improved the universality and equality of elections of deputies to the people's congresses, and conscientiously ensured that the people are the masters of the country. Two, we concentrated on key areas and took all factors into consideration. The focus for the amendments to the Electoral Law was to implement the requirement proposed by the Party's Seventeenth National Congress that deputies be elected to the people's congresses based on the same population ratio in urban and rural areas, and at the same time, stay mindful of the other necessary amendments to the Electoral Law. The amendments to the Electoral Law are a self-improvement to and development of the socialist electoral system with Chinese characteristics. The amendments need to be adapted to economic and social development, proceed step by step, and gradually improve. Three, we were active yet prudent, and dealt with each problem separately. We carried out thorough research on widespread problems that arose during the implementation of the Electoral Law, and when conditions are ripe and agreement has been reached, we will implement the amendments accordingly. Regarding problems for which conditions are not yet in place to solve them, we will provide no stipulations for the time being and continue to explore solutions through practice.
根据常委会的工作部署，从2008年开始，全国人大常委会法工委即着手研究选举法的修改，研究整理近几年来全国人大代表提出的关于修改选举法的议案、建议和其他方面的意见；会同有关方面组成调研组，先后到8个省（区、市）进行调研，并召开31个省（区、市）人大常委会负责同志座谈会和中央有关部门座谈会，重点听取对实行城乡按相同人口比例选举人大代表问题的意见；对城乡按相同人口比例选举人大代表涉及的问题，深入分析、反复论证。
Beginning in 2008, the Legislative Affairs Commission of the NPC Standing Committee set about researching amendments to the Electoral Law based on the work arrangements of the Standing Committee. It studied and sorted out the proposals and suggestions of NPC deputies on amendments to the Electoral Law made in recent years as well as opinions from other quarters; formed investigation teams with the relevant authorities and went to eight provinces, autonomous regions and municipalities directly under the central government to carry out investigations and studies, and held meetings attended by responsible persons of people's congresses of thirty-one provinces, autonomous regions and municipalities directly under the central government and by relevant departments of the central government, with a focus on listening to opinions on the issue of electing deputies to the people's congresses based on the same population ratio in urban and rural areas; and made profound analysis and repeated demonstration with respect to the issue of electing deputies to people's congresses based on the same ratio of population in urban and rural areas.
在认真梳理代表议案建议、充分调查研究、广泛听取意见的基础上，形成了选举法修正案草案。2009年10月，十一届全国人大常委会第十一次会议对选举法修正案草案进行了初次审议。会后，将草案印发中央有关部门、各地和有关方面征求意见，并根据常委会组成人员的审议意见和各方面的意见，对修正案草案进行了修改完善。12月常委会第十二次会议对选举法修正案草案进行了再次审议。两次常委会会议审议，对修正案草案都给予充分肯定和高度评价。常委会组成人员和列席会议的同志普遍赞成这次修改的指导思想、主要原则，赞成一步到位实行城乡按相同人口比例选举人大代表，并保证各地区、各民族、各方面都有适当数量的人大代表的修改方案。全国人大常委会经两次审议，决定将修正案草案提请十一届全国人大三次会议审议。
The draft amendments to the Electoral Law were formed on the basis of conscientiously sorting out proposals and suggestions of deputies, comprehensive investigations and studies, and listening to a wide range of opinions. In October 2009, the draft amendments were first deliberated at the Eleventh Meeting of the Standing Committee of the Eleventh NPC. After the meeting, the draft amendments were printed and distributed to the relevant departments of the central government, every locality, and relevant quarters for their comments, and revisions and improvements were made to the draft amendments based on the opinions of members of the Standing Committee during their deliberation and the opinions from all quarters. The draft was again deliberated at the Twelfth Meeting of the Standing Committee in December 2009. The draft amendments were fully affirmed and highly praised during deliberation at the two meetings of the Standing Committee. The members of the Standing Committee and the attendants without voting rights universally approved the guiding ideology and main principles for the current revisions and agreed with the amendment proposal that deputies to people's congresses should be elected based on the same population ratio in urban and rural areas, and that an appropriate number of deputies should be guaranteed for each region, ethnic group, and sector of society. After deliberating twice, the Standing Committee decided the draft amendments should be submitted for deliberation and approval at the Third Session of the Eleventh NPC.
全国人大常委会办公厅按照法定程序，于今年1月8日将选举法修正案草案发送全国人大代表。代表们对修正案草案进行了认真的研读讨论，为审议作好准备。代表们普遍认为，修正案草案符合党的十七大精神，符合我国经济社会发展实际，能够更好地体现人人平等、地区平等和民族平等，有利于进一步扩大人民民主，保证人民当家作主。根据常委会组成人员的审议意见和代表们在讨论中提出的意见，对草案又作了一些修改，形成了提请大会审议的选举法修正案草案。
On January 8, 2010, the General Office of the NPC Standing Committee distributed the draft amendments to the Electoral Law to NPC deputies as per the statutory procedure. The deputies carried out earnest research and discussions on the draft amendments to prepare for its deliberation. The deputies universally believe that the draft amendments conform to the guiding principles of the Seventeenth National Congress of the CPC, are in accord with the realities of China's economic and social development, can better embody equality among people, regions and ethnic groups, and will help to further spread people's democracy and ensure that the people are the masters of the country. Based on the opinions of Standing Committee members raised during deliberation and the opinions of deputies put forward during their discussion, we made further revisions to the draft; thus forming the draft amendments to the Electoral Law which would be submitted for deliberation and approval at this session.