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对人大代表辞职是否需要提请人大常委会审议决定?程序操作中存在分歧。有人认为,因故需要辞去人大代表职务,应该提请人大常委会审议决定;有人则认为,代表提出辞职申请,只需由本级人大常委会代表资格审查委员会进行审查,并提请本级人大常委会审议通过予以公告即可,没有必要再形成关于接受代表辞职请求的决定。笔者以为,代表辞职程序法律有明确规定,是否需要提请人大常委会审议决定不能一概而
Whether the NPC deputies resign need to be brought to the NPCSC for deliberation and decision? There are differences in procedural procedures. Some people think that for some reason it is necessary to resign from deputies to the people’s congress, it should be submitted to the NPC Standing Committee for consideration and decision. Some people think that if a deputies submit their application for resignation, they only need to be reviewed by the deputies’ committee of the people’s congress at this level and submitted to the NPC Standing Committee It is not necessary to form another decision on accepting the request for resignation. The author believes that the law on behalf of the resignation clearly stipulates that the need to be submitted to the Standing Committee for consideration and decision can not be generalized