Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments:
Source:
Electoral Law, Art. 24-25
Verified:
2012/06/04
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population
d . Conformity with local jurisdiction boundaries
g . Other
Comments:
The number of deputies to the people's congresses in cities not divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns shall be allocated to the electoral districts, and elections shall be held in the electoral districts. The zoning of electoral districts may be decided according to the voters' residence or on the basis of production units, institutions and work units. The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.
The number of people represented by each deputy from an urban electoral district shall be generally the same. The number of people represented by each deputy from a rural electoral district shall be generally the same.
Source:
Electoral Law, Art. 24-25
Verified:
2012/06/04
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
d . Indirectly elected by legislature
Comments:
The President of China is elected by National People's Congress for a five year term.
Source:
Constitution, Art. 62 & 79
Verified:
2012/06/04
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
c . Indirectly elected by legislature/chosen by parliament
Comments:
The National People's Congress decides on the choice of Premier upon nomination by the President.
Source:
Constitution, Art. 62
Verified:
2012/06/04
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments:
The president of the People's Republic of China conducts state affairs and receives foreign diplomatic representatives on behalf of the People's Republic of China
Source:
Constitution, Art. 79-84
Verified:
2012/06/04
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments:
The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People's Congress.
Source:
Constitution, Art. 57
Verified:
2012/06/04
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
j . Other
Comments:
The National People's Congress is composed of deputies elected by the provinces, autonomous regions and municipalities directly under the Central Government, and by the armed forces. The National People's Congress is elected for a term of five years.
Deputies to the National People's Congress and to the People's Congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people's congresses at the next lower level.
Source:
Constitution, Art. 59-60
Electoral Law, Art. 2
Verified:
2012/06/04
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution
b . Separate legislation
Comments:
The Constitution contains some clauses on the election of state officials however the majority of election law is found in separate legislation.
Source:
Constitution of the People's Republic of China (1982)
Electoral Law of the National People's Congress and Local People's Congress of the PRC (1979)
Organic Law of the National People's Congress of the PRC (1982)
Verified:
2012/06/04
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections
c . Local elections
Comments:
Deputies to the National People's Congress and to the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people's congresses at the next lower level.
Source:
Electoral Law of PRC, Ch.1, Art.2
Verified:
2012/06/04
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
g . Not applicable
Comments:
Voting on the national level is conducted by people's congresses of the provinces, autonomous regions, municipalities directly under the Central Government, and special administrative regions, as well as by the armed forces.
Source:
Constitution, Art. 59
Verified:
2012/06/04
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
b . EMB
Comments:
Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall make a decision on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the people's court at least five days prior to the date of election, and the people's court shall make a judgment before the date of election. The judgment of the people's court shall be final.
Source:
Electoral Law, Art. 28
Verified:
2012/06/04
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
f . Not applicable
Comments:
The Standing Committee of the National People's Congress shall conduct the election of deputies to the National People's Congress. The standing committees of the people's congresses of provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures shall conduct the elections of deputies to the people's congresses at the corresponding levels.
Source:
Electoral Law, Art. 7
Verified:
2012/06/04
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature
Comments:
Election funds for the National People's Congress and the local people's congresses at various levels shall be disbursed by the State Treasury.
The National People's Congress examines and approves the state budget and a report on its implementation.
Source:
Electoral Law, Art. 8
Constitution, Art. 62
Verified:
2012/06/04
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
c . The legislature
Comments:
Election funds for the National People's Congress and the local people's congresses at various levels shall be disbursed by the State Treasury.
The National People's Congress examines and approves the state budget and a report on its implementation.
Source:
Electoral Law, Art. 8
Constitution, Art. 62
Verified:
2012/06/04
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
e . No information available
Comments:
The chairman and vice chairmen of the Standing Committee (acting as the Electoral Management Body) serve no more than two consecutive terms.
Source:
Constitution of PRC, Art. 66
Verified:
2012/06/04
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
e . No information available
Comments:
Source:
http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf
Verified:
2012/06/04
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
e . No Information Available
Comments:
Source:
Verified:
2012/06/04
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
l . No voter education and information campaigns conducted
Comments:
Source:
Verified:
2012/06/04
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
e . Not applicable
Comments:
Source:
Verified:
2012/06/04
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
m . No information available
Comments:
Source:
Verified:
2012/06/04
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments:
All citizens of the People's Republic of China who have reached the age of 18 shall 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.
Source:
Electoral Law, Art. 3
Verified:
2012/06/04
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship
Comments:
All citizens of the People's Republic of China who have reached the age of 18 shall 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.
Persons who have been deprived of political rights according to the law shall not have the right to vote and stand for election.
Source:
Electoral Law, Art. 3
Verified:
2012/06/04
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
c . Local Government Authority
Comments:
The registration of voters shall be conducted on the basis of electoral districts, and the voters' qualifications confirmed through registration shall have long-term validity.
Source:
Electoral Law, Art. 26
Verified:
2012/06/04
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
a . Yes
Comments:
Prior to each election, voters who have reached the age of 18 since the last registration of voters or who have had their political rights restored after a period of deprivation of political rights has expired, shall be registered. Voters who have moved out of the electoral districts where they originally registered shall be included in the roll of voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived of political rights according to law shall be removed from the roll.
Source:
Electoral Law, Art. 26
Verified:
2012/06/04
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
g . No information available
Comments:
The Communist Party is currently the only active ruling political party in China, however the Constitution suggests that other political parties may exist.
Source:
This Constitution, in legal form, affirms the achievements of the struggles of the Chinese people of all ethnic groups and defines the basic system and basic tasks of the state; it is the fundamental law of the state and has supreme legal authority. The people of all ethnic groups, all state organs, the armed forces, all political parties and public organizations and all enterprises and institutions in the country must take the Constitution as the basic standard of conduct, and they have the duty to uphold the dignity of the Constitution and ensure its implementation.
Verified:
2012/06/04
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age
b . Citizenship
Comments:
All citizens of the People's Republic of China who have reached the age of 18 shall 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.
Persons who have been deprived of political rights according to the law shall not have the right to vote and stand for election.
Source:
Electoral Law, Art. 3
Verified:
2012/06/04
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
f . No information available
Comments:
Political parties and people's organizations may either jointly or separately recommend candidates for deputies. A joint group of at least ten voters or deputies may also recommend candidates. Those who submit recommendations shall inform the election committee or the presidium of the congress of their candidates' backgrounds.
Source:
Electoral Law, Art.29
Verified:
2012/06/04
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
e . No information available
Comments:
Source:
Verified:
2012/06/04
PC015
Question: What is the basis of the public funding?
Answer(s):
f . No information available
Comments:
Source:
Verified:
2012/06/04
PC017
Question: Are political parties entitled to private funding?
Answer:
c . No information available
Comments:
Source:
Verified:
2012/06/04
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments:
When balloting has been concluded, scrutineers and vote counters elected by the voters or deputies, and members of the election committee or members of the presidium of the people's 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 the scrutineers.
Source:
Electoral Law, Art. 39
Verified:
2012/06/04
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
g . No information available
Comments:
Source:
Verified:
2012/06/04
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
h . No information available
Comments:
Source:
Verified:
2012/06/04
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified:
2012/06/04
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments:
No specific information is available regarding the results of pre-election polls. The law only stipulates the following:
The election committee or the presidium of the people's congress shall brief voters or deputies on the candidates for deputies. Political parties, people's organizations, voters and deputies that have nominated candidates for deputies may brief voters on those candidates at group meetings of voters or deputies. However, such briefings must stop on the day of election.
Source:
Electoral Law, Art. 33
Verified:
2012/06/04
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified:
2009/10/19
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
b . No
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
b . No
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
a . Yes
Comments:
All deputies to the national and local people's congresses shall be subject to the supervision of the voters and the electoral units which elect them. Both the voters and electoral units shall have the right to recall the deputies they elect.
Voters have this right on a county/ township level - a group of 30 or more voters in the electoral district may submit a demand in writing to the standing committee of the people's congress at the county level for the recall of a deputy they elected.
Source:
Electoral Law, Art. 43-48
Verified:
2012/06/04
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
e . Not applicable
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
e . Not applicable
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
b . No
Comments:
Source:
Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified:
2012/06/04
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
b . At any polling station in the same voting district
h . By proxy
Comments:
Source:
Electoral Law, Art. 38
Verified:
2012/06/04
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments:
Source:
Electoral Law, Art. 36
Verified:
2012/06/04
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