论市级以上人大代表补选中的选举机构

关于人大代表的补选活动,我国《选举法》第54条只规定了选举主体而未阐明选举机构,若有数量较大的人大代表资格丧失引发补选活动时,专门的选举机构就必不可少。此时可以参照《选举法》第8条,县级以下的人大代表补选活动由独立的选举委员会主持,市级以上的人大代表补选活动的选举机构为同级人大常委会。但当数量较多的市级以上的人大代表代表资格终止时其同级的人大常委会因成员不足而陷入瘫痪,无法履行其作为选举机构的职责,《选举法》对于这种情形的选举机构的规定尚存缺陷,因而需要结合实践中关于类似问题的应对措施从立法论角度对该法律漏洞进行弥补。

The Supplementary Electoral Mechanisms of the Representatives of the People’s Congress of Municipality and Above

As to the supplementary election of the representatives of the people's Congress, the fifty-fourth article of the Election Law of China stipulates only the election subjects but not the electoral mechanisms. If supplementary elections are triggered by the disqualification of a larger number of Congress representatives, specialized electoral mechanisms will be necessary. The eighth article of the Election Law can be referred here:election activities of People’s Congress below the county level should be hosted by the independent Electoral Commission, while the standing committee of same-level People’s Congress should be in charge of supplementary elections of municipality and higher levels. But when a considerable number of members of the standing committee of the People’s Congress of municipality and above terminate, the same-level standing committee is often found unable to perform its duty as the electoral institution, due to lack of staff. The loopholes of the Election Law in this aspect should be addressed and provided with solutions from the legislative angle, in combination with similar problems in the practice.