(Adopted at the Fifth Session of the Seventh National People's Congress on April 3, 1992; revised for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Revising Certain Laws promulgated on August 27, 2009; revised for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the "Law of the People's Republic of China on Deputies to the National People's Congress and to the Local People's Congresses at Various Levels" promulgated on October 28, 2010.)
Contents
Chapter I: General Provisions
Chapter II: Work of Deputies During a Session of the People's Congress at the Corresponding Level
Chapter III: Activities of Deputies When the People's Congress at the Corresponding Level Is Not in Session
Chapter IV: Guarantees for the Performance of Functions as Deputies
Chapter V: Supervision of Deputies
Chapter VI: Supplementary Provisions
Chapter I: General Provisions
Chapter II: Work of Deputies During a Session of the People's Congress at the Corresponding Level
Chapter III: Activities of Deputies When the People's Congress at the Corresponding Level Is Not in Session
Chapter IV: Guarantees for the Performance of Functions as Deputies
Chapter V: Supervision of Deputies
Chapter VI: Supplementary Provisions
1992年4月3日第七屆全國人民代表大會第五次會議通過 根據2009年8月27日第十一屆全國人民代表大會常務委員會第十次會議《關于修改部分法律的決定》第一次修正 根據2010年10月28日第十一屆全國人民代表大會常務委員會第十七次會議《關于修改〈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代表法〉的決定》第二次修正
目 錄
第一章 總 則
第二章 代表在本級人民代表大會會議期間的工作
第三章 代表在本級人民代表大會閉會期間的活動
第四章 代表執行職務的保障
第五章 對代表的監督
第六章 附 則
第二章 代表在本級人民代表大會會議期間的工作
第三章 代表在本級人民代表大會閉會期間的活動
第四章 代表執行職務的保障
第五章 對代表的監督
第六章 附 則
Article 1 This Law is formulated in accordance with the Constitution to ensure that deputies to the National People's Congress and deputies to the local people's congresses at various levels exercise their functions and powers, fulfill their duties and play their roles, according to law and in their capacity as deputies.
Article 2 Deputies to the National People's Congress and to the local people's congresses at various levels shall be elected according to law.
Deputies to the National People's Congress are component members of the highest organ of State power, and deputies to the local people's congresses at various levels are component members of the organs of State power at the corresponding levels.
Deputies to the National People's Congress and to the local people's congresses at various levels shall, representing the interests and will of the people, participate in the exercise of State power in accordance with the functions and powers vested in the people's congresses at the corresponding levels by the Constitution and relevant laws.
Deputies to the National People's Congress are component members of the highest organ of State power, and deputies to the local people's congresses at various levels are component members of the organs of State power at the corresponding levels.
Deputies to the National People's Congress and to the local people's congresses at various levels shall, representing the interests and will of the people, participate in the exercise of State power in accordance with the functions and powers vested in the people's congresses at the corresponding levels by the Constitution and relevant laws.
全國人民代表大會代表是最高國家權力機關組成人員,地方各級人民代表大會代表是地方各級國家權力機關組成人員。
全國人民代表大會和地方各級人民代表大會代表,代表人民的利益和意志,依照憲法和法律賦予本級人民代表大會的各項職權,參加行使國家權力。
Article 3 Deputies shall enjoy the following rights:
(1) attend sessions of the people's congress at the corresponding level, as well as participate in the deliberations of all proposals, reports and other subject matters, and express their opinions;
(2) jointly put forward proposals, inquiries and proposals of removal from office in accordance with the law;
(3) put forward recommendations, criticisms and opinions on various tasks;
(4) participate in all elections of the people's congresses at the corresponding level;
(5) participate in the casting of various votes at the people's congresses of the corresponding level;
(6) obtain required information and various guarantees in exercising the duties of a deputy in accordance with the law;
(7) other rights stipulated by the law.
(1) attend sessions of the people's congress at the corresponding level, as well as participate in the deliberations of all proposals, reports and other subject matters, and express their opinions;
(2) jointly put forward proposals, inquiries and proposals of removal from office in accordance with the law;
(3) put forward recommendations, criticisms and opinions on various tasks;
(4) participate in all elections of the people's congresses at the corresponding level;
(5) participate in the casting of various votes at the people's congresses of the corresponding level;
(6) obtain required information and various guarantees in exercising the duties of a deputy in accordance with the law;
(7) other rights stipulated by the law.
Article 4 A deputy shall carry out the following duties:
(1) play an exemplary role in abiding by the Constitution and the law, and keep State secrets, as well as assist in the implementation of the Constitution and the law in the production, work and social activities in which he or she participates;
(2) attend sessions of the people's congress at the corresponding level punctually, and conscientiously deliberate all proposals, reports and other subject matters, express opinions, and perform all tasks conscientiously during the sessions;
(3) actively participate in performing the duties of a deputy that are centrally organized such as inspections, thematic surveys and research, and enforcement checks;
(4) strengthen the learning of duties as a deputy as well as survey and research, and continually raise their capability in carrying out the duties of a deputy;
(5) maintain close contact with the voters of their home constituencies or electoral units as well as the people and the public, listen to, and reflect their opinions and requests, conscientiously serve the people;
(6) consciously abide by social ethics, be honest and self-disciplined, just and upright, as well as diligent and responsible;
(7) other duties stipulated by the law.
(1) play an exemplary role in abiding by the Constitution and the law, and keep State secrets, as well as assist in the implementation of the Constitution and the law in the production, work and social activities in which he or she participates;
(2) attend sessions of the people's congress at the corresponding level punctually, and conscientiously deliberate all proposals, reports and other subject matters, express opinions, and perform all tasks conscientiously during the sessions;
(3) actively participate in performing the duties of a deputy that are centrally organized such as inspections, thematic surveys and research, and enforcement checks;
(4) strengthen the learning of duties as a deputy as well as survey and research, and continually raise their capability in carrying out the duties of a deputy;
(5) maintain close contact with the voters of their home constituencies or electoral units as well as the people and the public, listen to, and reflect their opinions and requests, conscientiously serve the people;
(6) consciously abide by social ethics, be honest and self-disciplined, just and upright, as well as diligent and responsible;
(7) other duties stipulated by the law.
Article 5 Deputies' work carried out according to the provisions of this Law, when the people's congresses at the corresponding levels are in session, and their activities conducted according to the provisions of this Law, when the people's congresses at the corresponding levels are not in session, shall all constitute the performance of their functions as deputies.
The State and society shall provide guarantees for deputies in their performance of functions as deputies.
Deputies shall not be removed from their respective production and work. Deputies shall properly arrange their production and work and give priority to the performance of duties as a deputy when attending sessions of the people's congress at the corresponding level, as well as participating in the performance of duties as a deputy that are centrally organized during the period when the people's congresses are not in session.
The State and society shall provide guarantees for deputies in their performance of functions as deputies.
Deputies shall not be removed from their respective production and work. Deputies shall properly arrange their production and work and give priority to the performance of duties as a deputy when attending sessions of the people's congress at the corresponding level, as well as participating in the performance of duties as a deputy that are centrally organized during the period when the people's congresses are not in session.
Article 7 Deputies shall attend sessions of the people's congress at the corresponding level on time. Deputies who are unable to attend the sessions due to special reasons such as health shall apply for leave of absence according to regulations.
"Prior to attending a session of the people's congress at the corresponding level, deputies shall listen to the opinions and recommendations of the people and the public, and shall be well-prepared to perform the duties of a deputy during the period when the people's congress is at session.
"Prior to attending a session of the people's congress at the corresponding level, deputies shall listen to the opinions and recommendations of the people and the public, and shall be well-prepared to perform the duties of a deputy during the period when the people's congress is at session.
Article 8 Deputies when attending plenary meetings of the general assembly, plenary sessions of a delegation, and small group sessions shall deliberate all proposals and reports listed in the agenda of the sessions.
Deputies may attend, upon recommendation or invitation, and as nonvoting participants, meetings of the Presidium or meetings of the special committees and advance their opinions.
Deputies shall express opinions pertaining to the theme of the session, and shall abide by the rules of procedures.
Deputies may attend, upon recommendation or invitation, and as nonvoting participants, meetings of the Presidium or meetings of the special committees and advance their opinions.
Deputies shall express opinions pertaining to the theme of the session, and shall abide by the rules of procedures.
Article 9 Deputies have the right, in accordance with procedures prescribed by law, to submit to the people's congress at the corresponding level bills and proposals within the scope of its functions and powers. Bills and proposals submitted shall consist of subjects, grounds and schemes.
The Presidium of the people's congresses at the corresponding level shall decide whether to list proposals put forward according to the law by deputies in the agenda of the session, or to first hand these to the relevant special committees for deliberation and to put forward opinions as to whether these shall be listed in the agenda of the session before deciding whether to list these in the agenda of the session.
Deliberations on a bill or proposal already placed on the agenda of a session shall be terminated upon approval by the Presidium of a request made by the sponsor deputy for its withdrawal before it is put to vote at the session.
The Presidium of the people's congresses at the corresponding level shall decide whether to list proposals put forward according to the law by deputies in the agenda of the session, or to first hand these to the relevant special committees for deliberation and to put forward opinions as to whether these shall be listed in the agenda of the session before deciding whether to list these in the agenda of the session.
Deliberations on a bill or proposal already placed on the agenda of a session shall be terminated upon approval by the Presidium of a request made by the sponsor deputy for its withdrawal before it is put to vote at the session.
Article 10 Deputies to the National People's Congress have the right, in accordance with the procedures prescribed by the Constitution, to submit to the National People's Congress bills on the amendment to the Constitution.
Article 11 Deputies shall participate in the elections conducted by the people's congress at the corresponding level.
Deputies to the National People's Congress have the right to advance opinions on candidates nominated by the Presidium for the component members of the Standing Committee of the National People's Congress, President and Vice-President of the People's Republic of China, Chairman of the Central Military Commission, President of the Supreme People's Court and Procurator-General of the Supreme People's Procuratorate and candidates for the various special committees of the National People's Congress.
Deputies to the local people's congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to nominate candidates for the component members of the standing committees of the people's congresses, leading members of the people's governments, presidents of the people's courts and procurators-general of the people's procuratorates at the corresponding levels, as well as candidates for the deputies to the people's congresses at the next higher levels, and have the right to advance opinions on the aforesaid candidates nominated according to law by the presidiums and deputies to the people's congresses at the corresponding levels.
Deputies to people's congresses of townships, ethnic townships and towns have the right, in accordance with stipulated procedures, to nominate candidates as president, vice-president of the people's congresses and leading members of the people's government at the corresponding level, and shall have the right to put forward opinions on the candidates of the aforesaid personnel nominated by the Presidium and the deputies of the people's congresses at the corresponding level.
Deputies to the people's congresses at various levels have the right to advance opinions on the candidates for the presidiums of the people's congresses at the corresponding levels.
With respect to a candidate that has been determined, deputies may vote for or against, or vote another person instead, or abstain from voting.
Deputies to the National People's Congress have the right to advance opinions on candidates nominated by the Presidium for the component members of the Standing Committee of the National People's Congress, President and Vice-President of the People's Republic of China, Chairman of the Central Military Commission, President of the Supreme People's Court and Procurator-General of the Supreme People's Procuratorate and candidates for the various special committees of the National People's Congress.
Deputies to the local people's congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to nominate candidates for the component members of the standing committees of the people's congresses, leading members of the people's governments, presidents of the people's courts and procurators-general of the people's procuratorates at the corresponding levels, as well as candidates for the deputies to the people's congresses at the next higher levels, and have the right to advance opinions on the aforesaid candidates nominated according to law by the presidiums and deputies to the people's congresses at the corresponding levels.
Deputies to people's congresses of townships, ethnic townships and towns have the right, in accordance with stipulated procedures, to nominate candidates as president, vice-president of the people's congresses and leading members of the people's government at the corresponding level, and shall have the right to put forward opinions on the candidates of the aforesaid personnel nominated by the Presidium and the deputies of the people's congresses at the corresponding level.
Deputies to the people's congresses at various levels have the right to advance opinions on the candidates for the presidiums of the people's congresses at the corresponding levels.
With respect to a candidate that has been determined, deputies may vote for or against, or vote another person instead, or abstain from voting.
全國人民代表大會代表有權對主席團提名的全國人民代表大會常務委員會組成人員的人選,中華人民共和國主席、副主席的人選,中央軍事委員會主席的人選,最高人民法院院長和最高人民檢察院檢察長的人選,全國人民代表大會各專門委員會的人選,提出意見。
縣級以上的地方各級人民代表大會代表有權依照法律規定的程序提出本級人民代表大會常務委員會的組成人員,人民政府領導人員,人民法院院長,人民檢察院檢察長以及上一級人民代表大會代表的人選,并有權對本級人民代表大會主席團和代表依法提出的上述人員的人選提出意見。
鄉、民族鄉、鎮的人民代表大會代表有權依照法律規定的程序提出本級人民代表大會主席、副主席和人民政府領導人員的人選,并有權對本級人民代表大會主席團和代表依法提出的上述人員的人選提出意見。
各級人民代表大會代表有權對本級人民代表大會主席團的人選,提出意見。
代表對確定的候選人,可以投贊成票,可以投反對票,可以另選他人,也可以棄權。
Article 12 Deputies to the National People's Congress shall participate in deciding on the choice of the component members of the State Council, and Vice-Chairmen and members of the Central Military Commission.
Deputies to the National People's Congress and to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall participate in the vote for determining the component members of various special committees of the people's congresses at the corresponding levels.
Deputies to the National People's Congress and to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures and cities divided into districts shall participate in the vote for determining the component members of various special committees of the people's congresses at the corresponding levels.
Article 14 During a session of the National People's Congress, a delegation or a group of thirty or more deputies have the right to make a proposal in writing for addressing inquiries to the State Council, ministries and commissions under the State Council, the Supreme People's Court and the Supreme People's Procuratorate.
Deputies to the people's congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people's governments and governmental departments, the people's courts and the people's procuratorates at the corresponding levels.
Deputies to the people's congresses of townships, nationality townships or towns have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people's governments at the corresponding levels.
In a proposal for addressing inquiries, the person to be inquired and the subject and content to be inquired about shall be clearly stated.
A proposal for addressing inquiries shall, according to a decision of the Presidium, be replied by the State organ inquiried. If half or more of the deputies who made the proposal for addressing inquiries are not satisfied with the reply, they may demand another reply from the organ in question.
Deputies to the people's congresses at or above the county level have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people's governments and governmental departments, the people's courts and the people's procuratorates at the corresponding levels.
Deputies to the people's congresses of townships, nationality townships or towns have the right, in accordance with the procedures prescribed by law, to make proposals for addressing inquiries to the people's governments at the corresponding levels.
In a proposal for addressing inquiries, the person to be inquired and the subject and content to be inquired about shall be clearly stated.
A proposal for addressing inquiries shall, according to a decision of the Presidium, be replied by the State organ inquiried. If half or more of the deputies who made the proposal for addressing inquiries are not satisfied with the reply, they may demand another reply from the organ in question.
Article 15 Deputies to the National People's Congress have the right, in accordance with the procedures prescribed by law, to make a proposal for the removal from office of a member of the Standing Committee of the National People's Congress, the President or Vice-President of the People's Republic of China, a component member of the State Council, a component member of the Central Military Commission, the President of the Supreme People's Court or the Procurator-General of the Supreme People's Procuratorate.
Deputies to a local people's congress at or above the county level have the right, in accordance with the procedures prescribed by law, to make a proposal for the removal from office of a component member of the standing committee of the people's congress, a component member of the people's government, the president of the people's court or the procurator-general of the people's procuratorate at the corresponding level.
Deputies to people's congresses of townships, ethnic townships and towns have the right, in accordance with stipulated procedures, to put forward a proposal to remove from office the president, vice-president of the people's congresses and leading members of the people's government at the corresponding level.
In a proposal for removal from office, the reasons for the removal shall be clearly stated.
Deputies to a local people's congress at or above the county level have the right, in accordance with the procedures prescribed by law, to make a proposal for the removal from office of a component member of the standing committee of the people's congress, a component member of the people's government, the president of the people's court or the procurator-general of the people's procuratorate at the corresponding level.
Deputies to people's congresses of townships, ethnic townships and towns have the right, in accordance with stipulated procedures, to put forward a proposal to remove from office the president, vice-president of the people's congresses and leading members of the people's government at the corresponding level.
In a proposal for removal from office, the reasons for the removal shall be clearly stated.
Article 18 Deputies have the right to put forward recommendations, criticisms and opinions as regards all aspects of tasks to the people's congresses at the corresponding level. Recommendations, criticisms and opinions shall be clear and specific, with an emphasis on reflecting actual situations and issues.
Chapter III: Activities of Deputies When the People's Congress at the Corresponding Level Is Not in Session
Article 19 The standing committee of a people's congress at or above the county level shall organize deputies to the people's congress at the corresponding level to carry out activities when the people's congress at the corresponding level is not in session.
The standing committee of a local people's congress at or above the county level shall, upon the commission of the standing committee of the people's congress at the next higher level, organize the deputies to the people's congress at the next higher level who are elected by the people's congress at the corresponding level to carry out activities when the people's congress at the next higher level is not in session.
The president and vice-president of the people's congresses of townships, ethnic townships and towns shall be responsible for organizing deputies to the people's congresses at the corresponding level to carry out activities when the people's congresses are not in session.
The standing committee of a local people's congress at or above the county level shall, upon the commission of the standing committee of the people's congress at the next higher level, organize the deputies to the people's congress at the next higher level who are elected by the people's congress at the corresponding level to carry out activities when the people's congress at the next higher level is not in session.
The president and vice-president of the people's congresses of townships, ethnic townships and towns shall be responsible for organizing deputies to the people's congresses at the corresponding level to carry out activities when the people's congresses are not in session.
Article 20 Activities of deputies when the people's congresses are not in session shall be dominated by group activities, with small group activities for deputies as the basic format. Deputies may listen and reflect the opinions and requests of the voters of their home constituencies or electoral units through numerous methods.
Article 21 Deputies to the people's congresses at or above the county level may, with the assistance of the standing committees of the people's congresses at the corresponding levels or lower levels, form themselves into deputy groups in the light of the principle of facilitating the organization and conduct of their activities.
Deputies to the people's congresses at or above the county level may take part in the group activities of deputies to the people's congresses at lower levels.
Deputies to the people's congresses at or above the county level may take part in the group activities of deputies to the people's congresses at lower levels.
Article 22 Deputies to the people's congresses at or above the county level may, in line with the unified arrangements made by the standing committees of the people's congresses at the corresponding levels, carry out inspections on the work of the State organs and relevant units at the corresponding levels or lower levels.
Deputies may, during inspections conducted in accordance with the provisions of the preceding paragraph, suggest an interview with the responsible personnel of the relevant State organs at the corresponding or lower levels. The responsible personnel to be interviewed of the State organs concerned or the persons in charge entrusted by them shall listen to the proposals, criticisms or opinions of the deputies.
Deputies may conduct on-the-spot inspections in their respective localities on the strength of their deputy cards. The standing committees of the local people's congresses at or above the county level shall, upon requests by deputies, make arrangements for deputies to the people's congresses at the corresponding or higher levels to conduct on-the-spot inspections in their respective localities on the strength of their deputy cards.
Deputies may, during their inspections, put forward proposals, criticisms or opinions to the units inspected, but shall not deal with the problems directly.
Deputies may, during inspections conducted in accordance with the provisions of the preceding paragraph, suggest an interview with the responsible personnel of the relevant State organs at the corresponding or lower levels. The responsible personnel to be interviewed of the State organs concerned or the persons in charge entrusted by them shall listen to the proposals, criticisms or opinions of the deputies.
Deputies may conduct on-the-spot inspections in their respective localities on the strength of their deputy cards. The standing committees of the local people's congresses at or above the county level shall, upon requests by deputies, make arrangements for deputies to the people's congresses at the corresponding or higher levels to conduct on-the-spot inspections in their respective localities on the strength of their deputy cards.
Deputies may, during their inspections, put forward proposals, criticisms or opinions to the units inspected, but shall not deal with the problems directly.
Article 23 Deputies to people's congresses at the county level and above shall, according to arrangements, embark on thematic surveys and research on socio-economic development as well as important issues that concern the interests of the people and the public as well as that to which the public generally pay close attention.
Article 24 Reports that are formulated by deputies who have participated in inspection and thematic survey and research activities shall be handed to the relevant departments or organizations by the administrative bodies of standing committees of the people's congress at the corresponding level. Feedback shall be given to deputies as regards the research handling of the opinions and recommendations put forward in the reports.
Article 26 The various deputies to the people's congresses at the county level and above may be invited to attend as observers, sessions of the standing committees of people's congresses at the corresponding level, as well as participate in the enforcement checks and other activities organized by the standing committees of the people's congresses at the corresponding level. The deputies to the National People's Congress and the deputies to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government and cities with districts may be invited to attend as observers, various sessions of special committees of the people's congresses at the corresponding level.
Article 27 Deputies to the National People's Congress and those to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, autonomous prefectures or cities divided into districts may attend, as nonvoting participants, meetings of the people's congresses of the electoral units that elected them, and may also attend, upon invitation and as nonvoting participants, meetings of the standing committees of the people's congresses of the electoral units that elected them.
Article 29 Deputies to the various people's congresses at the county level and above shall have the right to put forward recommendations, criticisms and opinions on all tasks to the standing committees of people's congresses at the corresponding level when the people's congresses at the corresponding level are not in session. The recommendations, criticisms and opinions shall be clear and specific, with an emphasis on reflecting actual situations and issues.
Article 30 Deputies of people's congresses at townships, ethnic townships and towns shall, according to centralized arrangements, embark on activities such as surveys and research when the people's congresses are not in session; deputies may form small groups, and contact the electorate by means of division of labor, and reflect the opinions and requests of the people and the public.
Chapter IV: Guarantees for the Performance of Functions as Deputies
Article 32 No deputy to a people's congress at or above the county level may be arrested or placed on criminal trial without the consent of the Presidium of the people's congress at the corresponding level, or without the consent of its standing committee when the people's congress is not in session. If a deputy is caught in the act and detained, the organ executing the detention shall immediately report the matter to the Presidium or the standing committee of the people's congress at the corresponding level.
If any other restriction of personal freedom prescribed by law is imposed on a deputy to a people's congress at or above the county level, it shall be subject to the approval of the Presidium or the standing committee of the people's congress at the corresponding level.
If a deputy to the people's congress of a township, nationality township or town is arrested or placed on criminal trial, or subjected to any other restrictions of personal freedom prescribed by law, the executing organ shall immediately report the matter to the people's congress of the township, nationality township or town.
The Presidium or the standing committees of people's congresses that accept applications for permissions put forward by relevant departments in accordance with the provisions of this article, shall review whether these contain investigations for legal liabilities against the speeches or voting made by a deputy at various sessions of the people's congresses, or whether these are retaliation against other duties performed by the deputy such as recommendations, criticisms, and opinions made, and shall make a decision based on the review.
If any other restriction of personal freedom prescribed by law is imposed on a deputy to a people's congress at or above the county level, it shall be subject to the approval of the Presidium or the standing committee of the people's congress at the corresponding level.
If a deputy to the people's congress of a township, nationality township or town is arrested or placed on criminal trial, or subjected to any other restrictions of personal freedom prescribed by law, the executing organ shall immediately report the matter to the people's congress of the township, nationality township or town.
The Presidium or the standing committees of people's congresses that accept applications for permissions put forward by relevant departments in accordance with the provisions of this article, shall review whether these contain investigations for legal liabilities against the speeches or voting made by a deputy at various sessions of the people's congresses, or whether these are retaliation against other duties performed by the deputy such as recommendations, criticisms, and opinions made, and shall make a decision based on the review.
第三十二條 縣級以上的各級人民代表大會代表,非經本級人民代表大會主席團許可,在本級人民代表大會閉會期間,非經本級人民代表大會常務委員會許可,不受逮捕或者刑事審判。如果因為是現行犯被拘留,執行拘留的機關應當立即向該級人民代表大會主席團或者人民代表大會常務委員會報告。
對縣級以上的各級人民代表大會代表,如果采取法律規定的其他限制人身自由的措施,應當經該級人民代表大會主席團或者人民代表大會常務委員會許可。
人民代表大會主席團或者常務委員會受理有關機關依照本條規定提請許可的申請,應當審查是否存在對代表在人民代表大會各種會議上的發言和表決進行法律追究,或者對代表提出建議、批評和意見等其他執行職務行為打擊報復的情形,并據此作出決定。
鄉、民族鄉、鎮的人民代表大會代表,如果被逮捕、受刑事審判、或者被采取法律規定的其他限制人身自由的措施,執行機關應當立即報告鄉、民族鄉、鎮的人民代表大會。
Article 34 The performance by a deputy of his or her functions as deputy in accordance with the provisions of Article 31 of this Law shall be regarded as normal attendance by his or her unit and the wage and other benefits of the unit shall be duly enjoyed by the deputy.
Deputies with no fixed income of wages or salaries shall, for the performance of their functions as deputies, be appropriately subsidized by the governmental finance at the corresponding level in light of the specific circumstances.
Deputies with no fixed income of wages or salaries shall, for the performance of their functions as deputies, be appropriately subsidized by the governmental finance at the corresponding level in light of the specific circumstances.
Article 36 Standing committees of all people's congresses at the county level and above shall adopt various methods to keep in contact with the deputies to the people's congresses at the corresponding level, expanding the participation of deputies in the activities of the standing committees of people's congresses at the corresponding level.
Article 38 Standing committees of all people's congresses at the county level and above, and the people's governments, the people's courts and the people's procuratorates at all levels shall promptly report their work performance to the deputies to the people's congresses at the corresponding level, providing information, and ensuring the deputies' right to information.
Article 39 Standing committees of all people's congresses at the county level and above shall systematically arrange for deputies to participate in learning the duties of a deputy, and assist deputies in becoming familiarized, in a comprehensive manner, the people's congress system, as well as an understanding of legal knowledge and other professional knowledge that are required in performing the duties of a deputy.
Deputies to the people's congresses of townships, ethnic townships and towns may participate as deputies to the standing committees of people's congresses at the level immediately higher than the current level.
Deputies to the people's congresses of townships, ethnic townships and towns may participate as deputies to the standing committees of people's congresses at the level immediately higher than the current level.
Article 40 Administrative entities and work entities of standing committees of all people's congresses at the county level and above are the collective service entities for deputies performing their duties and shall guarantee the provision of services for deputies in the performance of their duties.
Article 42 Relevant departments and organizations shall conscientiously study and handle the recommendations, criticisms and opinions of deputies, and shall respond within three months from the date of submission. Where the recommendations, criticism and opinions involve wide aspects or where there is a difficulty in handling the same, a response shall be given within six months from the date of submission.
In the process of studying and handling the recommendations, criticisms and opinions of deputies, the relevant departments and organizations shall contact and communicate with the deputies, and listen fully to their opinions.
The handling of recommendations, criticisms and opinions of deputies shall be reported to the standing committees of people's congresses at the corresponding level, and shall be printed and distributed at the next session of people's congresses.
In the process of studying and handling the recommendations, criticisms and opinions of deputies, the relevant departments and organizations shall contact and communicate with the deputies, and listen fully to their opinions.
The handling of recommendations, criticisms and opinions of deputies shall be reported to the standing committees of people's congresses at the corresponding level, and shall be printed and distributed at the next session of people's congresses.
Article 44 All organizations and individuals must respect the rights of deputies and support them in their performance of functions as deputies.
Whoever has the duty to assist deputies in their performance of functions as deputies but refuses to do so shall be admonished, criticized, even subjected to administrative sanctions by the unit concerned.
Whoever obstructs deputies from performing their functions as deputies according to law shall be subjected to administrative sanctions by the unit to which he or she belongs or by the department at the higher level, or shall be punished in accordance with the relevant provisions of Article 50 of the Law of the People's Republic of China on Penalties for Administration of Public Security. Whoever obstructs, by means of violence or threat, deputies from performing their functions as deputies according to law shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Whoever has the duty to assist deputies in their performance of functions as deputies but refuses to do so shall be admonished, criticized, even subjected to administrative sanctions by the unit concerned.
Whoever obstructs deputies from performing their functions as deputies according to law shall be subjected to administrative sanctions by the unit to which he or she belongs or by the department at the higher level, or shall be punished in accordance with the relevant provisions of Article 50 of the Law of the People's Republic of China on Penalties for Administration of Public Security. Whoever obstructs, by means of violence or threat, deputies from performing their functions as deputies according to law shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Chapter V: Supervision of Deputies
有義務協助代表執行代表職務而拒絕履行義務的，有關單位應當予以批評教育，直至給予行政處分。
阻礙代表依法執行代表職務的，根據情節，由所在單位或者上級機關給予行政處分，或者適用《中華人民共和國治安管理處罰法》第五十條的處罰規定;以暴力、威脅方法阻礙代表依法執行代表職務的，依照刑法有關規定追究刑事責任。
對代表依法執行代表職務進行打擊報復的，由所在單位或者上級機關責令改正或者給予行政處分;國家工作人員進行打擊報復構成犯罪的，依照刑法有關規定追究刑事責任。
第五章 對代表的監督
Article 45 Deputies shall employ a variety of methods to frequently listen to the opinions of the people and the public as regards the performance of duties of the deputies, as well as respond to the inquiries of voters of their home constituencies or electoral units as regards the work and activities of the deputies, and be subjected to supervision.
"Deputies that are directly elected by the electorate shall report the state of performance of duties to the voters of their home constituencies through various means.
"Deputies that are directly elected by the electorate shall report the state of performance of duties to the voters of their home constituencies through various means.
Article 46 Deputies shall properly handle the relationship between the personal profession activities in which they are engaged and the performance of their duties as deputies. They shall not take advantage of their duty as deputies to interfere with specific judicial cases or seek Personal gains from such economic activities as tenders and biddings.
Article 47 The electorate or electoral unit has the right to remove from office the deputy they have elected. The deputy to be removed from office has the right to attend the meeting for the removal from office to present his/her self-defense and opinion, or to present his/her self-defense and opinion in writing.
Article 48 Where one of the following situations occur to deputies, the performance of their duties as deputies shall cease temporarily, and a report shall be made by the deputy qualification review committee to the standing committees of people's congresses at the corresponding level or to the people's congresses of townships, ethnic townships and towns:
(1) Those who are held in custody and are under investigation, prosecution or tried for criminal cases;
(2) those who have been sentenced to surveillance, criminal detention or fixed-term imprisonment, without additional punishment of being stripped of their political rights, and are currently serving their sentence.
As soon as the circumstances specified in the preceding paragraph no longer exist during the term of the deputy in question, the performance of his or her functions as deputy shall be restored, except for the one who is disqualified as deputy.
(1) Those who are held in custody and are under investigation, prosecution or tried for criminal cases;
(2) those who have been sentenced to surveillance, criminal detention or fixed-term imprisonment, without additional punishment of being stripped of their political rights, and are currently serving their sentence.
As soon as the circumstances specified in the preceding paragraph no longer exist during the term of the deputy in question, the performance of his or her functions as deputy shall be restored, except for the one who is disqualified as deputy.
Article 49 A deputy involved in any of the following circumstances shall be disqualified as a deputy:
(1)a deputy to a local people's congress at any level who has moved or is transferred away from the corresponding administrative area;
(2)his or her resignation as a deputy being accepted;
(3)being absent, without approval, from two sessions of the people's congress at the corresponding level;
(4)being recalled;
(5)having forfeited the nationality of the People's Republic of China; and
(6)being deprived of political rights in accordance with the law.
(7) Loss of capacity for conduct.
(1)a deputy to a local people's congress at any level who has moved or is transferred away from the corresponding administrative area;
(2)his or her resignation as a deputy being accepted;
(3)being absent, without approval, from two sessions of the people's congress at the corresponding level;
(4)being recalled;
(5)having forfeited the nationality of the People's Republic of China; and
(6)being deprived of political rights in accordance with the law.
(7) Loss of capacity for conduct.
Article 50 The disqualification of a deputy to a people's congress at or above the county level shall be reported by the credential committee to the standing committee of the people's congress at the corresponding level for its announcement.
The disqualification of a deputy to the people's congress of a township, nationality township or town shall be reported by the credential committee to the people's congress at the corresponding level for its announcement.
The disqualification of a deputy to the people's congress of a township, nationality township or town shall be reported by the credential committee to the people's congress at the corresponding level for its announcement.
Chapter VI: Supplementary Provisions
Article 51 The people's congresses of provinces, autonomous regions and municipalities directly under the Central Government and their standing committees may, in accordance with this Law and in light of the actual conditions of their respective administrative areas, formulate measures for implementation.
