Provisions of Shanghai Municipality on the Procedures for the Recall and By-Election of Deputies to People's Congresses at All Levels

(Adopted at the 34th Session of the Standing Committee of the 9th Shanghai Municipal People's Congress on June 19, 1992; amended for the first time in accordance with the Decision on Amending the Provisions of Shanghai Municipality on the Procedures for the Recall and By-Election of Deputies to People's Congress at All Levels adopted at the 4th Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on August 18, 1998; amended for the second time in accordance with the Decision on Amending the Provisions of Shanghai Municipality on the Procedures for the Recall and By-Election of Deputies to People's Congress at All Levels adopted at the 35th Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on April 26, 2007; amended for the third time in accordance with the Decision on Revising Part of This Municipality's Local Rules adopted at the 21st Session of the Standing Committee of the 13thShanghai Municipal People's Congress on September 17, 2010; amended for the fourth time in accordance with the Decision on Amending Five Local Rules Including the Provisions of the Standing Committee of Shanghai Municipal People's Congress on the Work of District, County, Town and Township People's Congresses and Repealing the Several Provisions of Shanghai Municipality on Prevention of Duty Crimes adopted at the 9th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on December 28, 2023)

Chapter I General Provisions

Article 1

With a view to standardizing and institutionalizing the recall and by-election of deputies to People's Congresses at all levels, these Provisions are formulated in accordance with the Constitution of the People's Republic of China, the Election Law for the National People's Congress and the Local People's Congresses at All Levels of the People's Republic of China, the Organic Law for the Local People’s Congresses and Local People's Governments at All Levels of the People's Republic of China, the Deputation Law for the National People's Congress and the Local People's Congresses at All Levels of the People's Republic of China, and other laws and rules, and in the light of the actual circumstances of this Municipality.

Article 2

The recall and by-election of deputies to People's Congresses at all levels in this Municipality shall be carried out under the leadership of the Communist Party of China, give full play to democracy, and strictly adhere to the rule of law.

Article 3

Deputies to People's Congresses at all levels in the State and this Municipality shall be subjected to the supervision of the constituents and their original electoral units. The constituents or electoral units shall have the right to duly recall the deputies they elected.

Article 4

Where deputies to People's Congresses at all levels in the State and this Municipality become vacant during their term of office due to unforeseen circumstances, their respective constituency or electoral unit shall hold by-elections to fill the vacancy.

Chapter II Recall of a Deputy

Article 5

Fifty or more constituents of a constituency may submit a recall request to the Standing Committee of a district People's Congress for the recall of a deputy to the district People's Congress. Thirty or more constituents of a constituency may submit a recall request to the Standing Committee of a district People's Congress for the recall of a deputy to the town/township Congress.

In case of a proposed recall, the deputy in question shall have the right to orally present his/her defense at a constituents' meeting, or to present his/her defense to the standing committee of the district people's congress in writing.

The standing committee of the district people's congress shall print and distribute the recall request and the written defense of a deputy in question to constituents of a constituency within two months from the date of receiving the recall request.

Article 6

When the Municipal People's Congress meets in session, the presidium or one-tenth or more of the deputies may jointly address written proposals for recall against deputies to the National People's Congress elected by the Shanghai Municipal People's Congress and its standing committee.

When a district people's congress meets in session, the presidium or one-tenth or more of the deputies may jointly address written proposals for recall against deputies to the Municipal People's Congress elected by the district people's congress and its standing committee.

A bill of recall, after being presented by the presidium to the delegations for deliberation, shall be subjected to a voting at a plenary meeting of the congress. Or, as an alternative, upon the proposal of the presidium and by the decision of a plenary meeting of the congress, an investigation committee shall be set up to conduct an investigation, and the bill shall be submitted to the next session of the people's congress for deliberation based on the investigation report of the investigation committee. Alternatively, between sessions of the people's congress, the standing committee may be authorized to hear the investigation report of the investigation committee, make corresponding decisions, and submit such decisions to the people's congress for record.

When the municipal and district people's congresses meet in session, in case of a proposed recall, the deputy in question shall have the right to orally present his/her defense at a presidium or plenary meeting, or to present his/her defense in writing to be printed and distributed by the presidium.

Article 7

Between sessions of the Municipal People's Congress, the Chairpersons' Meeting of the Standing Committee or more than one-fifth of members of the Standing Committee may jointly address written proposals for recall to the Standing Committee against deputies to the National People's Congress elected by the Shanghai Municipal People's Congress and its standing committee.

Between sessions of the district people's congress, the chairpersons' meeting of the standing committees or more thant one-fifth of members of the standing committees may jointly address written proposals for recall to the standing committees against deputies to the Municipal People's Congress elected by the district people's congress and its standing committee.

When the standing committees of the municipal and district people's congresses meet in session, in case of a proposed recall, the deputy in question shall have the right to orally present his/her defense at the chairperson's meeting and the plenary meeting of the standing committee, or to present his/her defense in writing to be printed and distributed by the chairperson's meeting. After the recall proposal is reviewed by the meeting, the chairperson's meeting shall submit it to the plenary meeting for voting.

Article 8

A recall request and a bill of recall shall be submitted in writing, with the reason for recall specified and relevant materials provided. The authority accepting and hearing the case shall organize a timely investigation and verify the situation after receiving a request for recall or a bill of recall. Where voters who jointly submitted a recall request propose to withdraw their recall request, they shall submit such a proposal in written form within fifteen days upon the date of submitting the recall request, with reasons for the withdrawal being stated. After receiving a recall request, if the number of voters who insist on removing a deputy to the district people's congress is less than fifty, or the number of voters who insist on removing a deputy to the town/ township people's congress is less than thirty, the authority accepting and hearing the case may no longer submit the recall request to the constituents of the original constituency for a vote.

Article 9

The recall of a deputy to the district or town/township people's congress shall be organized and conducted by the chairperson's meeting of the standing committee of the district people's congress. Voting on a recall request shall be presided over by relevant responsible persons authorized by the standing committees of the district people's congresses. The recall of a deputy to the national or municipal people's congress shall be organized and conducted respectively by the presidium of the municipal or district people's congress when the municipal or district people's congress meets in session. Between sessions of the people's congress, such voting shall be organized and conducted respectively by the chairpersons' meeting of the standing committee of the municipal or district people's congress.

Article 10

When recalling deputies to the district or town/township people's congress, the orignal constituency shall recheck the list of constituents, supplement and correct any changes in the constituents, and make public the list two days before the voting on a recall request.

Article 11

The recall of a deputy shall be carried out in the manner of secret ballots.

Article 12

The recall of a deputy to the district or town/township people's congresses shall be approved by a simple majority of constituents of the original constituency.

The recall of a deputy to the National People's Congress or to the Municipal People's Congress elected respectively by the municipal or people’s congresses and their standing committees shall be approved by a simple majority of all deputies to the people's congresses at the corresponding levels when the municipal and district people’s congresses meet in session. Between sessions of the people's congress, such recall such be approved by a simple majority of members of the standing committee.

Article 13

The reports on the results of removing deputies to the town/township people's congress shall be reported by the deputy credentials commission under the town/township people's congress to the people's congress at the corresponding levels, and be publicly announced by the said people's congress.

The reports on the results of removing deputies to the district people's congress shall be reported by the deputy credentials commission under the standing committees of the district people's congresses to the standing committees of the people's congresses at the corresponding levels, and be publicly announced by the said standing committees.

The resolution to remove a deputy to the Municipal People's Congress shall be reported by the standing committees of district people's congresses to the Standing Committee of the Municipal People's Congress for record, and shall be reported by the deputy credentials commission under the standing committee of the Municipal People's Congress to the standing committee of the people's congress at the corresponding level, and be publicly announced by the said standing committee.

The resolution to remove a deputy to the National People's Congress shall be reported by the Standing Committee of the Municipal People's Congress to the Standing Committee of the National People's Congress for record, and be publicly announced by the said standing committee.

Chapter III By-Election of a Deputy

Article 14

Where deputies to the district or town/township people's congresses become vacant due to unforeseen circumstances, constituents of the original constituency shall hold by-elections to fill the vacancy. Where deputies to the national or municipal people's congress become vacant due to unforeseen circumstances, the municipal or district people's congress shall respectively hold by-elections to fill the vacancy. Between sessions of the people's congress, such by-elections shall be respectively held by the standing committees of the municipal or district people's congresses.

Article 15

By-elections of deputies to the district people's congresses shall be organized and conducted by the chairpersons' meeting of the standing committees of the district people's congresses. By-elections of deputies to the town/ township people's congress shall be organized and conducted by the chairman of the town/township people's congress. By-elections of deputies to the national or municipal people's congress shall be respectively organized and conducted by the presidium of the municipal or district people's congress when the municipal or district people's congress meet in session. Between sessions of the people's congress, such by-elections shall be respectively held by the chairpersons' meeting of the standing committee of the municipal or district people's congresses.

Article 16

The chairman of the town/township people's congress shall report the by-elections of deputies to the town/township people's congress to the standing committee of the district people’s congress in advance. The standing committees of the municipal or district people's congress shall respectively report the by-elections of deputies to the national or municipal people's congress to the standing committee of the national or municipal people's congress in advance.

Article 17

For by-elections of deputies to the district or town/township people's congresses, each political party and people's organization may jointly or individually recommend the candidate for a deputy to the standing committees of the district people's congresses or to the presidiums of the town/township people's congresses. Ten or more constituents of a constituency may jointly recommend the candidate for a deputy to the standing committees of the district people's congresses or to the presidiums of the town/township people's congresses.

Article 18

For by-elections of deputies to municipal or district people's congresses, each political party and people's organization may jointly or individually recommend the candidate for a deputy to the presidiums of the municipal or district people's congresses when the said people's congresses meet in session. Ten or more deputies may jointly recommend the candidate for a deputy to the presidium of their respective people's congress.

Between sessions of the district people's congress, each political party and people's organization may jointly or individually recommend the candidate for a deputy to the standing committees of the municipal or district people's congress. Five or more members of the Standing Committee of the Municipal People's Congress, or three or more members of the standing committees of the district people's congresses may recommend candidates for a deputy to the standing committee of their respective people's congress.

Article 19

When recommending a candidate for a deputy, a recommendation form shall be filled out, with reasons for recommendations specified. Organizers of the by-elections shall introduce the candidate for a deputy to the constituents, deputies, or members of the standing committees. The constituents, parties, people's organizations, deputies, and members of the standing committees who recommend the candidate for a deputy may introduce the candidate thereof at a constituent group, a deputy group, or a session of the standing committee. On the day for by-elections of deputies to district or town/township people's congress, however, the introduction to the candidate shall be terminated.

Article 20

When a by-election is held, the number of candidates may exceed the number of candidates who should be in the by-election, and a differential election shall be conducted; it is also possible to hold equal election with the number of candidates who should be elected by election. When the differential elections are conducted for the by-elections of deputies to the district or town/township people's congresses, the number of candidates for the deputy shall be one-third to one time greater than the number of candidates who should be. When the differential elections are conducted for the by-elections of deputies to the national or municipal people's congresses, the number of candidates for the deputy shall be one-fifth to one-half greater than the number of candidates who should be. The number of candidates shall be two if a by-election is held for a single deputy.

Where the number of proposed candidates for the deputy exceeds the aforesaid differences, the organizers of the by-elections shall determine the official candidates for the deputy according to the opinions of the majority of the constituents, deputies, or members of the respective standing committee.

Article 21

When holding by-elections of deputies to the district or town/township people's congresses, the original constituency shall recheck the list of constituents, supplement and correct any changes in the constituents, and make public the list fifteen days prior to the election day.

Article 22

When by-elections are held to select deputies to the district or town/township people's congresses, the list of candidates for the deputy shall be announced ten days prior to the election day. The list of official candidates for the deputy shall be announced five days prior to the election day after the democratic consultation. If the number of nominated candidates for the deputy is equal to the number of candidates who should be in the by-election, or if a unanimous consensus is reached through democratic consultation, organizers of the by-elections may announce the list of official candidates for the deputy five days prior to the election day.

Article 23

The by-election of deputy shall be carried out in the manner of secret ballot.

Article 24

When by-elections are held to select deputies to the district or town/township people's congresses, the election shall be considered valid if more than half of the constituents of a constituency participate in the voting. To be elected, a candidate for the deputy shall receive affirmative votes from more than half of the constituents who participate in the voting. When by-elections are held to select deputies to the national or municipal people's congresses, a candidate shall receive affirmative votes from a simple majority of deputies or a simple majority of members of the respective standing committee to be elected.

Article 25

The result of the by-election shall be announced by its organizer upon its completion.

For by-elections of deputies to the national or municipal people's congresses, the standing committees of the municipal and district people's congresses shall submit the result of the by-election to the standing committee of the people's congress at the next higher level.

Article 26

The qualifications of deputies to the national, municipal, or district people's congress elected through by-elections shall be examined by the deputy credentials commission under the standing committee of the people's congress at the corresponding level, and shall be submitted to the standing committee of the people's congress at the corresponding level for confirmation. The qualifications of deputies to the town/township people's congress through by-elections shall be examined by the deputy credentials commission under the people's congress at the corresponding level, and shall be submitted to the presidium of the people's congress at the corresponding level for confirmation.

Deputies with valid qualifications shall be announced by the standing committee of the people's congress at the corresponding level or by the presidium of the town/township people's congress, and shall be issued deputy certificates.

Article 27

The term of office for deputies elected through by-elections lasts upon the expiration of the current session of the people's congress.

Chapter IV Supplementary Provisions

Article 28

The recall and by-election of deputies to the municipal and district people's congress by the Chinese People's Liberation Army stationed in Shanghai shall be conducted in accordance with  the Procedures for the Election of Deputies to the National People's Congress and Local People's Congresses at or above the County Level by the Chinese People's Liberation Army and shall refer to these Provisions.

Article 29

Issues arising from the specific application of these Provisions shall be interpreted by the deputy credentials commission under the standing committee of the Municipal People's Congress.

Article 30

These Provisions shall be effective as of the date of promulgation by the Standing Committee of the Municipal People's Congress.