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Measures for Election of Deputies from the Chinese People's Liberation Army to the National People's Congress and Local People's Congresses at or Above the County Level (1996 Revision) [Revised]
中国人民解放军选举全国人民代表大会和县级以上地方各级人民代表大会代表的办法(1996修订) [已被修订]
【法宝引证码】
 
  
  
ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA
No. 79
The Measures for Election of Deputies from the Chinese People's Liberation Army to the National People's Congress and Local People's Congresses at or Above the County Level was revised at the 22nd Meeting of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on October 29, 1996. The revised Measures for Election of Deputies from the Chinese People's Liberation Army to the National People's Congress and Local People's Congresses at or Above the County Level is hereby promulgated for implementation.
Jiang Zemin
President of the People's Republic of China
October 29, 1996
MEASURES FOR ELECTION OF DEPUTIES FROM THE CHINESE PEOPLE'S LIBERATION ARMY TO THE NATIONAL PEOPLE'S CONGRESS AND LOCAL PEOPLE'S CONGRESSES AT OR ABOVE THE COUNTY LEVEL
(Adopted at the 19th Meeting of the Standing Committee of the Fifth National People's Congress on June 10, 1981, promulgated for implementation by Order No. 6 of the Standing Committee of the National People's Congress on June 10, 1981, and revised and adopted at the 22nd Meeting of the Standing Committee of the Eighth National People's Congress on October 29, 1996, and promulgated for implementation by Order No. 79 of the President of the People's Republic of China on October 29, 1996)

 

中华人民共和国主席令
(第七十九号)


中国人民解放军选举全国人民代表大会和地方各级人民代表大会代表的办法》已由中华人民共和国第八届全国人民代表大会常务委员会第二十二次会议于1996年10月29日修订,现将修订后的《中国人民解放军选举全国人民代表大会和县级以上地方各级人民代表大会代表的办法》公布施行。
中华人民共和国主席 江泽民
1996的10月29日
中国人民解放军选举全国人民代表大会和
县级以上地方各级人民代表大会代表的办法
(1981年6月10日第五届全国人民代表大会
常务委员会第十九次会议通过 1981年6月10日全国
人民代表大会常务委员会令第六号公布施行 1996年10月29日
第八届全国人民代表大会常务委员会第二十二次会议修改通过)

CONTENTS
 目录
CHAPTER I GENERAL PROVISIONS
 第一章 总则
CHAPTER II ELECTION COMMITTEES
 第二章 选举委员会
CHAPTER III DECISION ON AND ALLOCATION OF THE NUMBER OF DEPUTIES
 第三章 代表名额的决定和分配
CHAPTER IV ELECTORAL DISTRICTS AND ELECTORAL UNITS
 第四章 选区和选举单位
CHAPTER V NOMINATION OF CANDIDATES FOR DEPUTIES
 第五章 代表候选人的提出
CHAPTER VI ELECTION PROCEDURE
 第六章 选举程序
CHAPTER VII SUPERVISION OVER AND RECALL OF DEPUTIES AND BY-ELECTION
 第七章 对代表的监督、罢免和补选
CHAPTER VIII SUPPLEMENTARY PROVISIONS
 第八章 附则

CHAPTER I GENERAL PROVISIONS
 第一章 总则


Article 1 The Measures are enacted in accordance with the relevant provisions of the Constitution of the People's Republic of China and the Electoral Law of thePeople'sRepublicofChinafor the National People's Congress and Local People's Congresses.
   第一条 根据《中华人民共和国宪法》和《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》的有关规定,制定本办法。
Article 2 Members of the Chinese People's Liberation Army on active service and other persons who take part in election in the PLA shall, according to these Measures, elect their deputies to the National People's Congress or local people's congresses at or above the county level.
   第二条 人民解放军现役军人和参加军队选举的其他人员依照本办法选举全国人民代表大会和县级以上地方各级人民代表大会代表。
Article 3 An election committee shall be established for the PLA as a whole and for any PLA unit at or above the regimental level.
The PLA Election Committee shall direct the election work of the entire PLA. Election committees at other levels shall conduct the election work of the units at their own levels respectively.
   第三条 人民解放军及人民解放军团级以上单位设立选举委员会。
人民解放军选举委员会领导全军的选举工作,其他各级选举委员会主持本单位的选举工作。
Article 4 The servicemen committees of companies and other grassroots units shall conduct the election work of their own units.
   第四条 连和其他基层单位的军人委员会,主持本单位的选举工作。
Article 5 Members of the PLA on active service, persons who have retired from active service and for whom arrangements have been made in the PLA or who are waiting to be transferred to local governments for arrangements, workers and office staff serving in the PLA, and other persons who are administratively affiliated to the PLA, shall take part in election in the PLA.
Family members of officers who live together with the officers may, with the approval of the election committee or the servicemen committee, take part in election in the PLA, if it is difficult for them to take part in local election because the residential area of the local inhabitants is far from the place where the PLA unit is stationed.
   第五条 人民解放军现役军人,在军队安置和待移交地方安置的离休、退休人员,在军队工作的职员、职工以及行政关系在军队的其他人员,参加军队选举。
驻军的驻地距离当地居民的居住地较远,随军家属参加地方选举有困难的,经选举委员会或者军人委员会批准,可以参加军队选举。
Article 6 PLA representatives stationed in civilian factories or railway, water transport or scientific research institutions, and PLA members studying at civilian colleges and schools may take part in local election.
   第六条 驻地方工厂、铁路、水运、科研等单位的军代表,在地方院校学习的军队人员,可以参加地方选举。
Article 7 All the persons listed in Article 5 of these Measures who have reached the age of 18 shall qualify as voters and have the right to vote or 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 have no right to vote or stand for election.
Persons who suffer from mental illness and are incapable of exercising their electoral rights, when verified by an election committee as such, shall not take part in election.
   第七条 本办法第五条所列人员,凡年满十八周岁,不分民族、种族、性别、职业、家庭出身、宗教信仰、教育程度、财产状况、居住期限,都具有选民资格,享有选举权和被选举权。
依照法律被剥夺政治权利的人没有选举权和被选举权。
精神病患者不能行使选举权利的,经选举委员会确认,不参加选举。

CHAPTER II ELECTION COMMITTEES
 第二章 选举委员会


Article 8 The members composing the PLA Election Committee shall be subject to approval of the Standing Committee of the National People's Congress. The members composing the election committee at any other level shall be subject to approval of the election committee at the next higher level.
Election committees at lower levels shall be subject to the direction of election committees at higher levels.
   第八条 人民解放军选举委员会的组成人员,由全国人民代表大会常务委员会批准。其他各级选举委员会的组成人员,由上一级选举委员会批准。
下级选举委员会受上级选举委员会的领导。
Article 9 The PLA Election Committee shall be composed of nine to fifteen members, including one chairman and one to three vice-chairmen. An election committee at any other level shall be composed of five to eleven members, including one chairman and one or two vice-chairmen.
   第九条 人民解放军选举委员会由九至十五人组成,设主任一人,副主任一至三人,委员若干人。其他各级选举委员会由五至十一人组成,设主任一人,副主任一至二人,委员若干人。
Article 10 The election committee at or above the regimental level shall organize and guide the election work of the subordinate units, and do the following:
   第十条 团级以上单位的选举委员会组织、指导所属单位的选举,办理下列事项:
(1) examine the qualifications of the delegates to the servicemen congress;
 (一)审查军人代表大会代表资格;
(2) fix the date for election;
 (二)确定选举日期;
(3) publish the list of candidates for deputies to the people's congress;
 (三)公布人民代表大会代表候选人名单;
(4) preside over balloting at the servicemen congress or the servicemen assembly at the corresponding level; and
 (四)主持本级军人代表大会或者军人大会的投票选举;
(5) preside over the servicemen congress or the servicemen assembly when recalling deputies to the people's congress or holding a by-election and accept resignations of deputies.
 (五)主持本级军人代表大会或者军人大会罢免和补选人民代表大会代表、接受人民代表大会代表辞职。
Article 11 The election committee at any level shall establish an office to handle specific routine matters related to election at that level.
The office shall be affiliated to the political department, and its staff members shall be determined by the election committee itself.
   第十一条 选举委员会下设办公室,具体承办本级有关选举的日常工作。
办公室设在政治机关,工作人员由本级选举委员会确定。

CHAPTER III DECISION ON AND ALLOCATION OF THE NUMBER OF DEPUTIES
 第三章 代表名额的决定和分配


Article 12 The number of deputies to be elected from the PLA to the National People's Congress shall be decided by the Standing Committee of the National People's Congress.
   第十二条 人民解放军应选全国人民代表大会代表的名额,由全国人民代表大会常务委员会决定。
Article 13 The number of deputies to the National People's Congress to be elected by the PLA general departments, units at the level of major military command and the General Office of the Central Military Commission shall be allocated by the PLA Election Committee.
   第十三条 各总部、大军区级单位和中央军事委员会办公厅应选全国人民代表大会代表的名额,由人民解放军选举委员会分配。
Article 14 The number of deputies to the local people's congresses at or above the county level to be elected by PLA units stationed in different places shall be decided by the standing committees of the people's congresses of the places where the PLA units are stationed.
Matters concerning election shall be decided respectively by the provincial military command, the garrison command, the military subcommand or the arm-the-people department through consultation with the standing committee of the people's congress of the place where it is stationed; where a major military command is located in a province, autonomous region or municipality directly under the Central Government, such matters shall be decided exclusively by the major military command through consultation with the standing committee of the people's congress of the province, autonomous region or municipality directly under the Central Government.
   第十四条 各地驻军应选县级以上地方各级人民代表大会代表的名额,由驻地各该级人民代表大会常务委员会决定。 
有关选举事宜,由省军区、警备区、军分区、人民武装部分别与驻地的人民代表大会常务委员会协商决定;大军区所在的省、自治区、直辖市,统一由大军区负责与该级人民代表大会常务委员会协商决定。

CHAPTER IV ELECTORAL DISTRICTS AND ELECTORAL UNITS
 第四章 选区和选举单位


Article 15 Deputies to the people's congress at the county level from stationed PLA units shall be elected directly in the electoral district by the PLA members on active service and other persons qualified to take part in election in the PLA who are stationed in that administrative region. Electoral districts shall be zoned according to the distribution of the PLA units stationed in that administrative region.
The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.
   第十五条 驻军选举县级人民代表大会代表,由驻该行政区域的现役军人和参加军队选举的其他人员按选区直接选举产生。选区按该行政区域内驻军各单位的分布情况划分。
选区的大小,按照每一选区选一名至三名代表划分。
Article 16 Deputies to be elected by stationed PLA units to the people's congresses of cities divided into districts, autonomous prefectures, provinces, autonomous regions and municipalities directly under the Central Government shall be elected at the servicemen congresses convened by units at or above the regimental level.
Deputies to the National People's Congress shall be elected at the servicemen congresses convened by the general departments, units at the level of major military command and the General Office of the Central Military Commission.
   第十六条 驻军应选的设区的市、自治州、省、自治区、直辖市人民代表大会代表,由团级以上单位召开军人代表大会选举产生。
各总部、大军区级单位和中央军事委员会办公厅的军人代表大会,选举全国人民代表大会代表。
Article 17 Delegates to the servicemen congress of the unit at or above the divisional level shall be elected at the servicemen congress at the next lower level. Where no servicemen congress is held by the unit at the next lower level, the delegates shall be elected at the servicemen assembly.
Delegates to the servicemen congress of the unit at the brigade or regimental level shall be elected at the servicemen assemblies convened by the companies and other grassroots units.
Servicemen congresses shall be convened by election committees; servicemen assemblies shall be convened by election committees or servicemen committees.
   第十七条 人民解放军师级以上单位的军人代表大会代表,由下级军人代表大会选举产生。下级单位不召开军人代表大会的,由军人大会选举产生。
旅、团级单位的军人代表大会代表,由连和其他基层单位召开军人大会选举产生。
军人代表大会由选举委员会召集,军人大会由选举委员会或者军人委员会召集。

CHAPTER V NOMINATION OF CANDIDATES FOR DEPUTIES
 第五章 代表候选人的提出


Article 18 Candidates for deputies to be elected by the PLA to the National People's Congress and local people's congresses at or above the county level shall be nominated on the basis of electoral districts or electoral units.
Organizations of the Communist Party of China at various levels in the PLA may recommend candidates for deputies. A group of at least ten voters or ten delegates of the servicemen congress may also recommend candidates. Those who submit recommendations shall provide information to the election committee or the servicemen committee on the backgrounds of the candidates.
   第十八条 人民解放军选举全国和县级以上地方各级人民代表大会代表,候选人按选区或者选举单位提名产生。
中国共产党在军队中的各级组织,可以推荐代表候选人。选民或者军人代表大会代表,十人以上联名,也可以推荐代表候选人。推荐者应向选举委员会或者军人委员会介绍候选人的情况。
Article 19 The number of candidates for deputies shall be greater than the number of deputies to be elected.
The number of candidates for deputies to be directly elected by the voters shall be from one-third to one hundred percent greater than the number of deputies to be elected; the number of candidates for deputies to be elected by the servicemen congress shall be from 20 to 50 percent greater than the number of deputies to be elected.
   第十九条 代表候选人名额,应多于应选代表的名额。
由选民直接选举的代表候选人名额,应多于应选代表名额三分之一至一倍;由军人代表大会选举的代表候选人名额,应多于应选代表名额五分之一至二分之一。
Article 20 The election committee or the servicemen committee shall collect the list of candidates for deputies directly elected by the voters and publish it, 20 days prior to the date of election, for repeated deliberation, discussion and consultation by the voters of the electoral district, and shall, in accordance with the opinion of the majority of voters, decide upon a formal list of candidates to be made public five days prior to the date of election.
When the servicemen congress at or above the regimental level is to elect deputies to the people's congress, the time for nominating and deliberating candidates for such deputies shall not be less than two days. The election committee at the said level shall print and distribute the list of candidates for deputies nominated according to law to all the delegates to the servicemen congress for deliberation and discussion. If the number of nominees conforms to the proportion for competitive election as provided in Article 19 of these Measures, balloting shall be held directly. If the number of nominees exceeds the maximum proportion for competitive election as provided in Article 19 of these Measures, preliminary election shall be held. By order of the number of votes that the nominees have obtained in the preliminary election, a formal list of candidates shall be decided upon in agreement with the specific proportion for competitive election as is determined by the servicemen congress at the said level.
   第二十条 由选民直接选举的代表候选人,由选举委员会或者军人委员会汇总后,在选举日的十五日以前公布,并由各该选区的选民反复酝酿、讨论、协商,根据较多数选民的意见,确定正式代表候选人名单,并在选举日的五日以前公布。
团级以上单位的军人代表大会在选举人民代表大会代表时,提名、酝酿代表候选人的时间不得少于两天。各该级选举委员会将依法提出的代表候选人名单印发军人代表大会全体代表酝酿、讨论。如果所提候选人的人数符合本办法第十九条规定的差额比例,直接进行投票选举。如果所提候选人的人数超过本办法第十九条规定的最高差额比例,应当进行预选,根据预选时得票多少的顺序,按照本级军人代表大会确定的具体差额比例,确定正式代表候选人名单,进行投票选举。
Article 21 When a servicemen congress is to elect deputies to the National People's Congress and local people's congresses at or above the county level, the candidates for deputies shall not be limited to the current delegates to the servicemen congress.
   第二十一条 军人代表大会在选举全国和县级以上地方各级人民代表大会代表时,代表候选人不限于本级军人代表大会代表。
Article 22 The election committee or the servicemen committee shall give information about the candidates' backgrounds.
Organizations or individuals may, at group meetings of voters or of delegates to the servicemen congress, give information about backgrounds of the candidates they nominate. However, it must stop on the day of election.
   第二十二条 选举委员会或者军人委员会应当介绍代表候选人的情况。
推荐代表候选人的组织或者个人可以在选民小组或者军人代表大会代表小组会议上介绍所推荐的代表候选人的情况。但是在选举日必须停止对代表候选人的介绍。

CHAPTER VI ELECTION PROCEDURE
 第六章 选举程序


Article 23 Where deputies are to be directly elected, the election in each electoral district shall be conducted by convening servicemen assembly or setting up polling stations or providing mobile polling boxes. Balloting shall be presided over by the servicemen committee or the election committee.
Balloting to be held at the servicemen congress shall be presided over by the election committee.
   第二十三条 直接选举时,各选区应当召开军人大会或者设立投票站、流动票箱进行选举。投票选举由军人委员会或者选举委员会主持。
军人代表大会的投票选举,由选举委员会主持。
Article 24 Deputies from the PLA to the National People's Congress and local people's congresses at or above the county level shall be elected by secret ballot.
A voter who cannot fill out his ballot due to disability or other reasons may ask another person he trusts to do it for him.
   第二十四条 人民解放军选举全国和县级以上地方各级人民代表大会代表,一律采用无记名投票的方法。
选民因残疾等原因不能写选票,可以委托他信任的人代写。
Article 25 A voter who is absent during the time of an election may, with the approval of the servicemen committee or the election committee, entrust another voter with a proxy vote. A voter shall not stand proxy for more than three persons.
   第二十五条 选民如果在选举期间外出,经军人委员会或者选举委员会同意,可以书面委托其他选民代为投票。每一选民接受的委托不得超过三人。
Article 26 A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.
   第二十六条 选举人对代表候选人可以投赞成票,可以投反对票,可以另选其他任何选民,也可以弃权。
Article 27 When balloting has been concluded, scrutineers and vote-counters elected by the voters or by the delegates to the servicemen congress, and members of the election committee or of the servicemen 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 scrutineers.
   第二十七条 投票结束后,由选民推选的或者军人代表大会代表推选的监票、计票人员和选举委员会或者军人委员会的人员将投票人数和票数加以核对,作出记录,并由监票人签字。
Article 28 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 equal to or less than the number of people who voted.
A ballot shall be null and void if the number of candidates voted for is greater than the number of deputies to be elected, and it shall be valid if the number of candidates voted for is equal to or less than the number of deputies to be elected.
   第二十八条 每次选举所投的票数,多于投票人数的无效,等于或者少于投票人数的有效。
每一选票所选的人数,多于规定应选代表人数的作废,等于或者少于规定应选代表人数的有效。
Article 29 In a direct election, 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 considered elected only when they have obtained more than half of the votes cast by the voters who take part in the election.
In an election held by the servicemen congress, candidates for deputies shall be considered elected only when they have obtained more than half of the votes cast by all the delegates.
   第二十九条 直接选举时,参加投票的选民超过选区全体选民的半数,选举有效。代表候选人获得参加投票的选民过半数的选票时,始得当选。
军人代表大会选举时,代表候选人获得全体代表过半数的选票,始得当选。
Article 30 Where the number of the 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 considered 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 considered elected.
Where 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 19 of these Measures. If only one deputy is to be elected, the number of candidates shall be two.
When another election is held to elect deputies to a people's congress at the county level in accordance with the provisions in the preceding paragraph, the candidates who have obtained more votes shall be considered 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 servicemen congress at or above the regimental level to elect deputies to the people's congresses of a city divided into districts, an autonomous prefecture, province, autonomous region or municipality directly under the Central Government or to the National People's Congress, the candidates shall be considered elected only when they have obtained more than half of the votes cast by all the delegates to the servicemen congress.
   第三十条 获得过半数选票的代表候选人的人数超过应选代表名额时,以得票多的当选。如遇票数相等不能确定当选人时,应就票数相等的候选人再次投票,以得票多的当选。
获得过半数选票的当选代表的人数少于应选代表名额时,不足的名额另行选举。另行选举时,根据在第一次投票时得票多少的顺序,按照本办法第十九条规定的差额比例,确定候选人名单。如果只选一人,候选人应为二人。
依照前款规定另行选举县级人民代表大会代表时,代表候选人以得票多的当选,但是得票数不得少于选票的三分之一;团级以上单位的军人代表大会在另行选举设区的市、自治州、省、自治区、直辖市和全国人民代表大会代表时,代表候选人获得军人代表大会全体代表过半数的选票,始得当选。
Article 31 The election committee or the servicemen committee shall determine, in accordance with the provisions in these Measures, whether or not the result of an election is valid and shall announce it accordingly.
   第三十一条 选举结果由选举委员会或者军人委员会根据本办法确定是否有效,并予以宣布。

CHAPTER VII SUPERVISION OVER AND RECALL OF DEPUTIES AND BY-ELECTION
 第七章 对代表的监督、罢免和补选


Article 32 All deputies elected from the PLA to the National People's Congress and local people's congresses at or above the county level are subject to supervision by the voters and the electoral units which elected them. Both the voters and electoral units shall have the right to recall the deputies elected by them.
   第三十二条 人民解放军选出的全国和县级以上地方各级人民代表大会代表,受选民和原选举单位的监督。选民或者选举单位都有权罢免自己选出的代表。
Article 33 With respect to deputies to the people's congress at the county level, a group of at least ten voters in the electoral district may submit a demand in writing to the election committee at the brigade or regimental 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 servicemen assembly or may present a written statement in his own defence.
The election committee at the brigade or regimental 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 is put to vote, the election committee at the brigade or regimental level shall preside over it.
   第三十三条 对于县级人民代表大会代表,原选区选民十人以上联名,可以向旅、团级选举委员会书面提出罢免要求。
罢免要求应当写明罢免理由。被提出罢免的代表有权在军人大会上提出申辩意见,也可以书面提出申辩意见。
旅、团级选举委员会应当将罢免要求和被提出罢免的代表的书面申辩意见印发原选区选民。
表决罢免要求,由旅、团级选举委员会主持。
Article 34 When a servicemen congress is in session, an election committee at or above the regimental level may submit a proposal for the recall of a deputy to the people's congress who was elected by the servicemen congress. In such a proposal, the reasons for the recall shall be clearly stated.
When a servicemen congress is in session, the deputy proposed to be recalled shall have the right to defend himself or submit a written defence. The proposal for the recall shall be put to vote after it is examined by the congress.
   第三十四条 军人代表大会举行会议时,团级以上单位的选举委员会可以提出对由该级军人代表大会选出的人民代表大会代表的罢免案。罢免案应当写明罢免理由。
军人代表大会举行会议时,被提出罢免的代表有权在会议上提出申辩意见,或者书面提出申辩意见。罢免案经会议审议后予以表决。
Article 35 The proposal for the recall of a deputy shall be voted by secret ballot.
   第三十五条 罢免代表采用无记名投票的表决方式。
Article 36 The recall of a deputy to the people's congress at the county level shall be subject to adoption by a majority vote of the voters in the electoral district from which the deputy was elected.
The recall of a deputy elected at a servicemen congress to the people's congress shall be subject to adoption by a majority vote of the delegates to that servicemen congress.
The resolution on the recall shall be reported for the record to the standing committee of the people's congress at the corresponding level and to the PLA election committee at the next higher level.
   第三十六条 罢免县级人民代表大会代表,须经原选区过半数的选民通过。
罢免由军人代表大会选出的人民代表大会代表,由各该级军人代表大会过半数的代表通过。
罢免的决议,须报送同级人民代表大会常务委员会和军队上一级选举委员会备案。
Article 37 Deputies elected from the PLA to the people's congress of a city divided into districts, an autonomous prefecture, province, autonomous region or municipality directly under the Central Government or to the National People' Congress may submit their written resignations to the election committees of the electoral units that elected them. Deputies elected from the PLA to the people's congress at the county level may submit their written resignations to the election committees or servicemen committees of the electoral districts from which they were elected. When the request of a deputy for resignation is granted by a servicemen congress or by a servicemen assembly, the matter shall be reported for the record to the standing committee of the people's congress at the corresponding level and to the PLA election committee at the next higher level.
   第三十七条 人民解放军选出的设区的市、自治州、省、自治区、直辖市和全国人民代表大会代表,可以向原选举单位的选举委员会书面提出辞职。人民解放军选出的县级人民代表大会代表,可以向原选区的选举委员会或者军人委员会书面提出辞职。辞职的请求被军人代表大会或者军人大会接受的,应当报送同级人民代表大会常务委员会和军队上一级选举委员会备案。
Article 38 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 elected from the PLA to a local people's congress at or above the county level is transferred out of his administrative region during his term of office, he is automatically disqualified as deputy and a by-election shall be held to fill the vacancy.
When a by-election is conducted to fill the vacant posts of deputies, the number of candidates may be greater than or equal to the number of deputies to be elected.
   第三十八条 代表在任期内因故出缺,由原选区或者原选举单位补选。
人民解放军选出的县级以上地方各级人民代表大会代表,在任期内调离本行政区域的,其代表资格自行终止,缺额另行补选。
补选代表时,代表候选人的名额可以多于应选代表的名额,也可以同应选代表的名额相等。

CHAPTER VIII SUPPLEMENTARY PROVISIONS
 第八章 附则


Article 39 Expenses for elections in the PLA shall be covered by military expenditure.

   第三十九条 人民解放军的选举经费,由军费开支。

     
     
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