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中华人民共和国地方各级人民代表大会和地方各级人民政府组织法(第三次修正)(一)

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中华人民共和国地方各级人民代表大会和地方各级人民政府组织法(第三次修正)
Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China

(Adopted at the Second Session of the Fifth National People's Congress on July 1,1979;Amended for the first time in accordance with the Resolution on Revising Certain Provisions of the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China,adopted at the Fifth Session of the Fifth National People's Congress on December 10,1982;amended for the second time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China,adopted at the 18th Meeting of the Sixth National People's Congress on December 2,1986;amended for the Third time in accordance with the Decision on Revising the Organic Law of the Local People's Congresses and Local People's Governments of the People's Republic of China,adopted at the 12th Meeting of the Eighth National People's Congress on February 28,1995)
颁布日期:19950228  实施日期:19790701  颁布单位:全国人大

  Contents

  Chapter I General Provisions

  Chapter II Local People's Congresses at Various Levels

  Chapter III The Standing Committees of Local People's Congresses at and Above the County Level

  Chapter IV Local People's Governments at Various Levels

  Chapter V Supplementary Provisions

  Chapter I General Provisions

  Article 1 People's congresses and people's governments shall be established in provinces,autonomous regions,municipalities directly under the Central Government,autonomous prefectures,counties,autonomous counties,cities,municipal districts,townships,nationality townships,and towns.

  Article 2 Standing committees shall be established by local people's congresses at and above the county level.

  Article 3 The organs of self-government of autonomous regions,autonomous prefectures and autonomous counties shall,in addition to exercising the functions and powers specified in this Law,exercise the power of autonomy within the limits of their authority as prescribed by the Constitution,the Law on Regional National Autonomy and other laws.

  Chapter II Local People's Congresses at Various Levels

  Article 4 Local people's congresses at various levels shall be local organs of state power.

  Article 5 Autonomous regions,municipalities directly under the Central Government,autonomous prefectures and cities divided into districts to the people's congresses of counties,autonomous counties,cities not divided into districts,municipal districts,townships,nationality townships,and towns shall be elected directly by their constituencies.

  The number of deputies to the local people's congresses at various levels and the manner of their election shall be prescribed by the electoral law. There shall be an appropriate number of deputies elected from the minority nationalities in each administrative area.

  Article 6 The term of office of the people's congresses of provinces,autonomous regions,municipalities directly under the Central Government,autonomous prefectures,counties,autonomous counties,cities and municipal districts shall be five years. The term of office of the people's congresses of townships,nationality townships and towns shall be three years;The term of office of the people's congresses of provinces,autonomous regions,municipalities directly under the Central Government,autonomous prefectures,counties,autonomous counties,cities and municipal districts shall be five years. The term of office of the people's congresses of townships,nationality townships and towns shall be three years.

  Article 7 The people's congresses of provinces,autonomous regions,and municipalities directly under the Central Government may,in the light of the specific conditions and actual needs of their respective administrative areas,formulate and promulgate local regulations,which must not contravene the Constitution,the law and administrative rules and regulations;they shall report such local regulations to the Standing Committee of the National People's Congress and the State Council for the record.

  The people's congresses of cities where provincial and autonomous regional people's governments are located and the people's congresses of relatively large cities with the approval of the State Council may,in the light of the specific conditions and actual needs of their respective cities,formulate local regulations,which must not contravene the Constitution,the law,administrative rules and regulations,and the local regulations of their respective provinces and autonomous regions;they shall report such local regulations to the standing committees of the people's congresses of the respective provinces and autonomous regions for approval before implementation and for submission to the Standing Committee of the National People's Congress and the State Council for the record.

  Article 8 Local people's congresses at and above the county level shall exercise the following functions and powers:

  (1)to ensure the observance and execution,in their respective administrative areas,of the Constitution,the law,administrative rules and regulations and the resolutions of the people's congresses and their standing committees at higher levels,and to ensure the implementation of the state plan and the state budget;

  (2)to examine and approve the plans for national economic and social development and budgets of their respective administrative areas and the reports on the implementation of such plans and budgets;

  (3)to discuss and decide on major issues in political,economic,educational,scientific,cultural,public health,protection of the environment and natural resources and civil and nationality affairs in their respective administrative areas;

  (4)to elect the members of their respective standing committees;

  (5)to elect governors and deputy governors,chairmen and vice-chairmen of autonomous regions,mayors and deputy mayors,prefects and deputy prefects,and heads of counties and districts;

  (6)to elect the presidents of the people's courts and the chief procurators of the people's procuratorates at the corresponding levels;the election of the chief procurator of a people's procuratorate shall be reported to the chief procurator of the people's procuratorate shall be reported to the chief procurator of the people's procuratorate at the next higher level,who shall submit it to the standing committee of the people's congress at that same level for approval;

  (7)to elect deputies to the people's congresses at the next higher level;

  (8)to hear and examine reports on the work of the standing committees of the people's congresses at the corresponding levels;

  (9)to hear and examine reports on the work of the people's governments,the people's courts and the people's procuratorates at the corresponding levels;

  (10)to alter or annul inappropriate resolutions of the standing committees of the people's congresses at the corresponding levels;

  (11)to annul inappropriate decisions and orders of the people's governments at the corresponding levels;

  (12)to protect the socialist property owned by the whole people,property owned collectively by working people and citizens' legitimate private property,maintain public order and safeguard citizens rights of the person and their democratic and other rights;

  (13)to protect the legitimate rights and interests of various economic organizations;

  (14)to safeguard the rights of minority nationalities;and

  (15)to safeguard women's rights as endowed by the Constitution and the law,such as equality with men,equal pay for equal work and freedom of marriage.

  Article 9 The people's congresses of townships,nationality townships,and towns shall exercise the following functions and powers:

  (1)to ensure the observance and execution,in their respective administrative areas,of the Constitution,the law,administrative rules and regulations,and the resolutions of the people's congresses and their standing committees at higher levels;

  (2)to adopt and promulgate resolutions within the scope of their functions and powers;

  (3)to decide,in accordance with state plans,on plans for the development of the economy,cultural and public services in their respective administrative areas;

  (4)to examine and approve the budgets of their respective administrative areas as well as the reports on the implementation of the budgets;

  (5)to decide on plans for civil affairs in their respective administrative areas;

  (6)to elect the chairman and vice-chairmen of the people's congress at the corresponding level;

  (7)to elect heads and deputy heads of townships and towns;

  (8)to hear and examine reports on the work of the people's governments of townships,nationality townships,and towns;

  (9)to annul inappropriate decisions and orders of the people's governments of townships,nationality townships,and towns;

  (10)to protect the socialist property owned by the whole people,property owned collectively by working people and citizens' legitimate private property,to maintain public order and safeguard citizens' rights of the person and their democratic and other rights;

  (11)to protect the legitimate rights and interests of various economic organizations;

  (12)to safeguard the rights of minority nationalities;and

  (13)to safeguard women's rights as endowed by the Constitution and the law,such as equality with men,equal pay for equal work and freedom of marriage.

  In exercising their functions and powers,the people's congresses of townships,nationality townships,and towns in which minority nationalities live in concentrated communities shall adopt specific measures appropriate to the characteristics of the nationalities concerned.

  Article 10 Local people's congresses at various levels shall have the power to remove from office members of the people's governments at the corresponding levels. Local people's congresses at or above the county level shall have the power to remove from office members of their standing committees ad the presidents of the people's courts and the chief procurators of the people's procuratorates elected by those standing committees. The removal of the chief procurator of a people's procuratorate at the next higher level,who shall submit the matter to the standing committee of the people's congress at that same level for approval.

  Article 11 Local people's congresses at various levels shall meet in session at least once a year.

  A session of a local people's congress may be convened at any time upon the proposal of one-fifth of its deputies.

  Article 12 Sessions of local people's congresses at or above the county level shall be convened by their standing committees.

  Article 13 A preliminary meeting shall be held for each session of a local people's congress at or above the county level to elect the presidium and secretary-general of that session,adopt the agenda for the session and decide on other preparations.

  The preliminary meeting shall be presided over by the standing committee of the people's congress. The preliminary meeting for the first session of a people's congress shall be presided over by the standing committee of the preceding people's congress at the corresponding level.

  When a local people's congress at or above the county level meets,its session shall be conducted by the presidium.

  When a local people's congress at or above the county level meets,it shall propose a number of deputy secretaries-general;the choice of deputy secretaries-general shall be decided by the presidium.

  Article 14 The people's congress of a township,nationality township or town shall have a chairman,and may have one or two vice-chairmen. The chairman and vice-chairmen shall be elected from among the deputies to the people's congress at the corresponding level,and their term of office shall be the same as that of each people's congress at that level.

  The chairman or vice-chairmen of the people's congress of a township,nationality township or town shall not concurrently hold office in an administrative organ of the State;if they hold office in an administrative organ of the State,they must resign from the post of the chairman or vice-chairmen of the people's congress at that level.

  The chairman or vice-chairmen of the people's congress of a township,nationality township or town shall,during the period when the people's congress at the corresponding level is not in session,be responsible for keeping in touch with the deputies to the people's congress at that level,organizing the deputies to conduct activities,and conveying the suggestions,criticisms and opinions of the deputies and the masses regarding the work of the people's government at the same level.

  Article 15 When the people's congress of a township,nationality township,or town holds a session,it shall elect a presidium,which shall preside over the session and be responsible for convening the next session of that people's congress. The chairman and vice-chairmen of the people's congress of a township,nationality township or town shall be the members of the presidium.

  Article 16 The first session of each local people's congress at and level shall be convened,within two months after the election of its deputies,by the standing committee of the preceding people's congress at the corresponding level or by the presidium of the preceding session of the people's congress of the township,nationality township,or town.

  Article 17 Members of the local people's governments at or above the county level,the presidents of the People's Courts,the chief procurators of the People's Procuratorates,and the leading persons of the people's governments at the township level shall attend sessions of the people's congresses at the corresponding levels as nonvoting delegates;leading members of the other relevant government departments and public organizations at or above the county level may,by decision of the standing committees of the people's congresses at the corresponding levels,attend sessions of the people's congresses at the corresponding levels as nonvoting delegates.

  Article 18 When a local people's congress holds its sessions,its presidium,standing committee and special committees and the people's government at the corresponding level may submit bills and proposals to that people's congress within the scope of its functions and powers. The presidium shall decide to refer such bills and proposals to a session of the people's congress for deliberation,or to simultaneously refer them to relevant special committees for deliberation and reports before the presidium decides,upon examination of such reports,to submit them to the people's congress for a vote.

  Ten or more deputies to a local people's congress at or above the county level,or five or more deputies to the people's congress of a township,nationality township,or town may jointly submit a bill or proposal to the people's congress at the corresponding level within the scope of its functions and powers. The presidium shall decide whether to place the bill or proposal on the agenda of the people's congress or to first refer it to a relevant special committee for deliberation and a recommendation on whether to place it on the agenda before the presidium makes such a decision.

  With agreement of the presidium,deliberation shall be terminated on a bill or proposal placed on the agenda of a session,if the party that submitted the bill or proposal requests its withdrawal before it is referred to the congress for a vote.

  Article 19 Suggestions,criticisms and complaints on any aspect of work put forward by deputies to a local people's congress at or above the county level to that people's congress and its standing committee shall be referred by the administrative office of the standing committee to the departments and organizations concerned for consideration,disposition and reply.

  Suggestions,criticisms and complaints on any aspect of work put forward by deputies to the people's congress of a township,nationality township,or town to that people's congress shall be referred by its presidium to the departments and organizations concerned for consideration,disposition and reply.

  Article 20 When a local people's congress conducts an election or adopts a resolution,a majority vote of all the deputies shall be required.

  Article 21 Members of the standing committee of local people's congresses at or above the county level,choices for chairmen and vice-chairmen of the people's congresses of townships,nationality townships or towns,governors and deputy governors,chairmen and vice-chairmen of autonomous regions,mayors and deputy mayors,heads and deputy heads of prefectures,heads and deputy heads of counties,districts,townships and towns,presidents of the People's Courts and chief procurators of the People's Procuratorates shall be nominated by the presidiums of the people's congresses at the corresponding levels or jointly nominated by deputies in accordance with the provisions of this Law.

  Thirty or more deputies to the people's congress of a province,autonomous regions or municipality directly under the Central Government,or twenty or more deputies to the people's congress of a city divided into districts or of an autonomous prefecture,or ten or more deputies to the people's congress at the county level may nominate,with joint signatures,the candidates for members of the standing committee of the people's congress at the corresponding level,leading persons of the people's government,the president of the People's Court and the chief procurator of the People's Procuratorate at the same level. Ten or more deputies to the people's congress of a township,nationality township or town may nominate,with joint signatures,candidates for the chairman and vice-chairmen of the people's congress at the corresponding level and leading persons of the people's government at the same level. Deputies elected from different electoral districts or electoral units may deliberate on and jointly nominate candidates.

  The number of candidates nominated by a presidium or jointly nominated by each deputy together with other deputies shall not exceed the number of persons to be elected.

  Nominators shall make a trustful introduction of their nominees.

  Article 22 In elections for chairmen and secretaries-general of the standing committees of the people's congresses,chairmen of the people's congresses of townships,nationality townships or towns,heads of people's governments,presidents of the People's Courts and chief procurators of the People's Procuratorates,there shall generally be one more candidate than the number of persons to be elected,and a competitive election shall be conducted. In elections for vice-chairmen of the standing committees of the people's congresses,deputy chairmen of the people's congresses of townships,nationality townships or towns,and deputy heads of the people's governments,there shall be one to three more candidates than the number of persons to be elected;in elections for members of the standing committees of the people's congresses,there shall be one-tenth to one-fifth more candidates than the number of persons to be elected. The specific differential number shall be prescribed by the people's congresses at the corresponding levels in the electoral measures on the basis of the number of persons to be elected. And the competitive election shall be conducted. If the number of candidates nominated as the same as the differential number prescribed in the electoral measured,the presidium of a people's congress shall submit the list of candidates to the deputies for deliberation and discussion,before election is conducted. If the number of candidates nominated exceeds the differential number prescribed in the electoral measures,a preliminary election shall be conducted after the deputies deliberate and discuss the list of candidates submitted by the presidium,and an official list of candidates shall,in accordance with the differential number prescribed in the electoral measures,be determined by order of the votes that the candidates obtain in the preliminary election,and then election shall be conducted.

  When leading persons of State organs at the corresponding levels are to be elected by local people's congresses at or above the county level,the time for nomination and consideration of candidates shall be not less than two days.

  Article 23 Elections shall be conducted by secret ballot. The deputies may vote for or against any of the candidates that have been determined,or may instead elect any other deputies or voters or abstain from voting.

  Article 24 In elections for leading persons of State organs conducted by local people's congresses at the corresponding levels,when the number of candidates who obtain more than half of the votes exceeds the number of leading persons to be elected,those who obtain more votes shall be elected. If the number of votes for some candidates is tied,thus making it impossible to determine the elected,another balloting shall be conducted for those candidates to resolve the tie,and those who obtain more votes shall be elected.

  If the number of the elected persons who obtain more than half of the votes is less than the number of persons needed to be elected,another election shall be held to make up the difference,the candidates for another election may be determined by order of the votes they obtain in the first balloting,or may be nominated and determined in accordance with the procedures provided by this Law. Another election for making up the difference may be held at the current session or the next session of the people's congress upon decision by the people's congress at the corresponding level.

  When another election is held to elect the vice-chairmen and members of the standing committee of a people's congress,the vice-chairmen of the people's congress of a township,nationality township or town,and the deputy heads of a people's government,competitive election shall be conducted after the differential number is determined in accordance with the provisions in the first paragraph of Article 22 of this Law.

  Article 25 When by-elections are held by the local people's congresses at various levels for chairmen,vice-chairmen,secretaries-general and members of their standing committees,chairmen,and vice-chairmen of the people's congresses of townships,nationality townships or towns,governors,deputy governors,chairmen and vice-chairmen of autonomous regions,mayors,deputy mayors,prefects,deputy prefects,heads and deputy heads of counties,districts,townships and towns,presidents of people's courts,and chief procurators of people's procuratorates,the number of candidates may exceed or equal the number of vacancies,and the election procedures and methods shall be decided by the people's congresses at the corresponding levels.

  Article 26 When a local people's congress at or above the county level is in session,its presidium,its standing committee,or a joint group of at least one tenth of its deputies may submit a proposal to remove from office members of its standing committee or members of the people's government,the president of the people's court or the chief procurator of the people's procuratorate at the corresponding level;the presidium shall refer such proposals to the congress for deliberation.

  When the people's congress of a township,nationality township or town is in session,the presidium or a group of at least one-fifth of the deputies may submit a proposal to remove from office the chairman or vice-chairmen of the people's congress,the head or deputy heads of the township or town;the presidium shall refer the proposal to the congress for deliberation.

  In a proposal for removal from office,reasons for the removal shall clearly be stated.

  Persons proposed to be removed from office shall have the right to defend themselves at a meeting of the presidium or at the plenary meeting of a session,or to submit their written defence. The defence made at the meeting of the presidium or the written defence shall be printed and distributed to participants of the session by the presidium.

  The proposal for removal from office submitted to a local people's congress at or above the county level shall,after being distributed by the presidium to the participants for deliberation,be submitted to the plenary meeting of the session for voting;or the presidium shall,subject to decision of the plenary meeting of the session,propose to organize an investigation committee,and the proposal for removal from office shall be deliberated and decided at the next session of the people's congress at the corresponding level on the basis of the report prepared by the investigation committee.

  Article 27 A component member of the standing committee of a local people's congress at or above the county level,a leading person of a local people's government,the president of a People's Court or the chief procurator of a People's Procuratorate at or above the county level may submit the resignation to the people's congress at the corresponding level,which shall decide whether or not to accept the resignation;if the people's congress is not in session,such resignations may be submitted to its standing committee,which shall decide whether or not to accept the resignations. If the standing committee decides to accept a resignation,it shall report it to its people's congress for the record. A resignation of the chief procurator of a people's procuratorate must be reported to the chief procurator of the people's procuratorate at the next higher level,who shall refer it to the standing committee of the people's congress at the corresponding level for approval.

  The chairman or vice-chairman of the people's congress of a township,nationality township or town,the head or deputy head of a township or town may submit his resignation to the people's congress at the corresponding level,which shall decide whether or not to accept the resignation.

  Article 28 When a local people's congress at any level is in session,a group of at least ten of the deputies may submit a written proposal for addressing questions to the people's government or any of its departments,the People's Court or the People's Procuratorate at the corresponding level. In the proposal shall clearly be stated to whom the questions are addressed and the specific questions themselves.

  The presidium shall decide whether to refer the proposal to the organ addressed for an oral reply at the meeting of the presidium,or at the plenary meeting of a session,or at the meeting of a relevant special committee,or for a written reply. Where a reply is made at a meeting of the presidium or of the special committee,the deputies who submit the proposal shall have the right to attend the meeting as nonvoting delegates and express their opinions;when the presidium considers it necessary,it may have the report on the reply printed and distributed to the session.

  If the reply is to be made orally,the leading person of the organ addressed shall be present at the meeting to give the reply;if the reply is to be made in writing,it shall be signed by the leading person of the organ addressed,and the presidium shall have it printed and distributed to the session or to the deputies who address the questions.

  Article 29 When a local people's congress at any level examines a bill or proposal,its deputies may address questions to the local state organs concerned,which shall send their personnel to the congress to give explanations.

  Article 30 The people's congresses of provinces,autonomous regions,municipalities directly under the Central Government,autonomous prefectures and cities divided into districts may,where necessary,establish special committees such as legislative(political and law)committees,finance and economic committees,and education,science,culture and public health committees. The special committees shall work under the direction of the respective people's congresses;when the people's congresses are not in session,they shall work under the direction of the standing committees of the people's congresses.

  Nominations for the chairman,vice-chairmen and members of a special committee shall be made by the presidium from among the deputies and approved by the people's congress. When the people's congress is not in session,its standing committee may appoint additional individual vice-chairmen and some members of the special committees through nomination by its council of chairmen and approval by a meeting of the standing committee.

  The special committees shall discuss,examine and draw up relevant bills and draft resolutions under the direction of the people's congresses and their standing committees at the corresponding levels;they shall make investigations and studies of,and put forward proposals on matters related to those committees and within the scope of functions and powers of the respective people's congresses and their standing committees.

  Article 31 A local people's congress at or above the county level may appoint an investigation committee on specific questions.

  The presidium or a group of at least one-tenth of the deputies may submit to the session of the people's congress a proposal for organizing an investigation committee on specific questions,which shall be submitted by the presidium to the plenary meeting for decision.

  An investigation committee shall be composed of a chairman,vice-chairmen and members,who shall be nominated by the presidium from among the deputies and be submitted to the plenary meeting for approval.

  An investigation committee shall present an investigation report to the people's congress at the corresponding level. And the people's congress may make an appropriate resolution on the basis of the report presented by the investigation committee. The people's congress may authorize its standing committee to listen to the investigation report of the investigation committee,and the standing committee may make an appropriate resolution and report to the next session of the people's congress for the record.

  Article 32 The credentials committee established at the first session of each people's congress of a township,nationality township,and town shall exercise its functions and powers until the term of office of that people's congress expires.

  Article 33 The term of office of the deputies to a local people's congress at any level shall begin with the first session of that people's congress and shall expire at the first session of the succeeding people's congress at the same level.

  Article 34 Deputies to local people's congresses at various levels and members of their standing committees may not be legally liable for their speeches and voting at sessions of the people's congresses or meetings of their standing committees.

  Article 35 No deputy to a local people's congress at or above the county level may be arrested or placed on criminal trial without the consent of the presidium of that people's congress or,when the people's congress is not in session,without the consent of its standing committee. If a deputy is caught in the act of crime and detained,the public security organ executing the detention shall immediately report the matter to the presidium or the standing committee of that people's congress.

  Article 36 When deputies to local people's congresses at various levels attend people's congress sessions or perform their duties as deputies,the state shall,as necessary,provide them with round-trip travelling expenses and requisite material facilities or subsidies.

  Article 37 Deputies to local people's congresses at various levels shall maintain close contact with the units that elected them or with their constituencies;publicize laws and policies;assist the people's governments at the corresponding levels in their work;and relay the opinions and demands of the masses to the people's congresses,their standing committees and the people's governments.

  Deputies to the people's congresses of provinces,autonomous regions,municipalities directly under the Central Government,autonomous prefectures and cities divided into districts may attend,as nonvoting delegates,sessions of the people's congresses of the units which elected them.

  Deputies to the people's congresses of counties,autonomous counties,cities not divided into districts,municipal districts,townships,nationality townships,and towns shall apportion among themselves the task of maintaining contact with their constituencies;in residential areas or production units with three or more deputies,a deputies group may be set up to help promote the work of the people's government at the corresponding level.

  Article 38 Deputies to the people's congresses of provinces,autonomous regions,municipalities directly under the Central Government,autonomous prefectures and cities divided into districts shall be subject to supervision by the units which elected them;deputies to the people's congresses of counties,autonomous counties,cities not divided into districts,municipal districts,townships,nationality townships,and towns shall be subject to supervision by their constituencies.

  Electoral units and voters shall have the power to remove from office at any time the deputies they elect to a local people's congress at any level. The removal from office of a deputy shall require a majority vote of all the deputies of the unit which elected him or of all the voters in his electoral district.

  Article 39 In the event that a deputy to a local people's congress is unable to perform his duties as deputy for any reason,the unit which elected him or the voters in the electoral district shall hold a by-election to replace him.

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以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
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