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代表死亡后,代表资格是否终止,法律没有规定。通常的做法是,代表死亡,其代表资格自行终止,随即补选出缺名额。这样做,似乎合情合理,但是否合法?因为《代表法》第41条规定:代表有下列情形之一的,其代表资格终止:(一)地方各级人民代表大会代表迁出或者调离本行政区域的;(二)辞职被接受的;(三)未经批准两次不出席本级人民代表大会会议的;(四)被罢免的;(五)丧失中华人民共和国国籍的;(六)依照法律被剥夺政治权利的。此条并未规定代表死亡其代表资格终止。
After the representative dies, whether the representative’s qualification is terminated or not is not stipulated by law. As a general rule, on behalf of the deceased, his or her representative will terminate his or her own competency and a shortfall will be by-election. This seems plausible, but is it legal? Because article 41 of the Law on Representation stipulates that representatives shall be terminated in their status as follows: (1) Representatives of local people’s congresses at various levels of government are removed from or relocated from the administration (2) Resignation is accepted; (3) Failure to attend the meeting of the people’s congress at the same level without approval twice; (4) Dismissed; (5) Loss of the citizenship of the People’s Republic of China; Law is deprived of political rights. This section does not provide for the termination of his or her representation on behalf of death.