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Top Legislators to Mull Election Law Changes

China's top legislative body is considering changes to the Election Law that are expected to strengthen democracy. A draft amendment will be presented to the Standing Committee of the National People's Congress (NPC) when it starts its bimonthly session next Monday.

During its five-and-a-half-day session, the NPC Standing Committee will also review the draft law on supervision and undertake the first round of deliberation on the amendment drafts of nine laws related to the Administrative Licensing Law.

The agenda was adopted at Monday's meeting of the chairman and vice chairpersons of the Standing Committee of the National People's Congress, presided over by Chairman Wu Bangguo.

The Election Law, adopted in 1979, covers elections of all levels of legislative bodies, from the grass roots to the NPC. Earlier amendments were enacted in 1982, 1986 and 1995.

"Progress in the gradual reform of the electoral system will bring a brighter future for democracy," said Huang Weiping, director of the Institute of Contemporary Chinese Politics Research at Shenzhen University.

NPC deputies and deputies to the People's Congresses of provinces, municipalities and cities divided into districts are elected by the People's Congresses at the next lower level, according to the law.

Deputies to the People's Congresses of counties, cities not divided into districts, municipal districts, townships, and towns are elected directly by their constituencies.

Candidates may be nominated by political parties or organizations, or by groups of 10 or more voters.

Huang said that the democratic process has been growing more dynamic in recent years, especially with the participation of self-nominated candidates in Beijing's district People's Congress elections.

A dozen college students and professionals including lawyers, scholars and consumers' rights advocates participated in the grass-roots election of the capital city in December. They qualified themselves by collecting nominations from voters.

"I hope my participation in the election will help enhance democratic awareness among intellectuals and help make elections more competitive,"said Xu Zhiyong, a 30-year-old law lecturer at the Beijing University of Post and Telecommunications. Xu is now also a deputy to the Haidian District People's Congress.

Wang Liang, headmaster of the Shenzhen Advanced Vocational School, beat three other Party-nominated opponents in the grassroots legislature election in May last year to become the first candidate in Shenzhen to win an election without being nominated by any party or organization.

However, while the existing election law says the list of candidates in direct election is finalized through discussion by the electoral committee, it does not offer specific procedural rules for such discussion or a solution when a consensus cannot be reached.

Huang Weiping suggested that lawmakers introduce preliminary elections into the process. They should also consider raising the threshold of self-nomination to reduce election costs.

Huang said the amendment should reflect the progress of reform in the electoral system.

In reviewing laws affected by the recent issuance of the new Administrative Licensing Law, the Legislative Affairs Commission of the NPC Standing Committee and the Legislative Affairs Office of the State Council found a wide range of areas requiring revision.

The nine laws to be considered during the session are those pertaining to highways, corporations, securities, receipts, auctions, wildlife protection, fisheries, seeds and degrees.

The amendments are intended to bring these laws in line with the new Administrative Licensing Law.

Also during its session, the Standing Committee will hold its third hearing on the draft laws on contagious disease prevention and on online signatures, as well as the second hearing on the draft resolution for improving the jury system.

It will discuss reports on the economy, social development, agriculture and rural work and the implementation of the Animal Epidemic Prevention Law.

(China Daily, Xinhua News Agency August 17, 2004)

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