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《人大建设》第八期登载了《关于人大代表资格的释义》一文,文章作者就代表的产生办法、职权保障、监督等作了解释,但其对代表监督的提法尚不够完善。笔者在此特提些浅见,与该文作者商榷。该文在“代表的监督”一节中谈道:“如果代表被判决有罪但未被剥夺政治权利,就应承认其代表资格有效。但是按照《刑法》的有关规定,且为避免不良政治影响,该罪犯在服刑期间,不应出席人民代表大会会议,应由公安机关向该罪犯本人及选区选民或者选举单位
The eighth issue of ”People’s Congress“ published the article ”Interpretation of the Qualifications of National People’s Congress“. The author of the article explained the production method, safeguard of authority and supervision of the representative. However, the formulation of the supervision of the representative is not yet perfect. I hereby mention some humble opinion, and the author’s discussion. In the section entitled ”Supervision of Representatives“, the article states: ”If a representative is guilty of a sentence but has not been deprived of political rights, he or she shall recognize that the representative is qualified. However, in accordance with the relevant provisions of the Criminal Law and in order to avoid Bad political influence, the offender should not attend the people’s congress during his serving sentence, the public security organ should be to the criminal himself and constituency voters or election units