城鄉(xiāng)同比例選舉人大代表的實現(xiàn)與保障
發(fā)布時間：2019-03-19 21:14
【摘要】：選舉,是民主的源頭,選舉權(quán),則是公民政治權(quán)利的基石,堪稱一切民主權(quán)利的“母權(quán)”。選舉權(quán)平等也是我國選舉法規(guī)定的基本原則之一,然而,由于我國具體國情的原因,我國城鄉(xiāng)按照不同的人口比例選舉人大代表這種不平等的做法持續(xù)了半個多世紀。我國城鄉(xiāng)選舉人大代表的比例差異自1953年新中國第一部《選舉法》就產(chǎn)生了規(guī)定了8：1的比例；1979年《選舉法》將縣、省、全國城鄉(xiāng)選舉人大代表的比例明確規(guī)定為4：1、5：1、8：1；1995年《選舉法》將城鄉(xiāng)選舉人大代表的比例統(tǒng)一規(guī)定為4：1；2010年《選舉法》首次將城鄉(xiāng)選舉人大代表的比例修改為1：1,至此,城鄉(xiāng)選舉權(quán)實現(xiàn)“同比、同票、同權(quán)”,從最初的八分之一條款到現(xiàn)在的同比例選舉經(jīng)歷了近六十年。 實行城鄉(xiāng)按相同人口比例選舉人大代表是對我國選舉法選舉權(quán)平等原則的完善。同時,《選舉法》的修改,實現(xiàn)了城鄉(xiāng)“同比、同票、同權(quán)”,這一項制度的安排,平等地分配了城市居民與農(nóng)民的權(quán)利義務(wù),符合公平的原則以及大多數(shù)人利益的要求,這種制度的安排,也有利于發(fā)揮制度安排因素對于經(jīng)濟發(fā)展的推動作用。另外,城鄉(xiāng)同比例選舉人大代表后,農(nóng)民代表會有相應(yīng)的增加,這意味著農(nóng)民代表在人民代表大會中的話語權(quán)也有了相應(yīng)的增加,這直接推動了符合農(nóng)民利益要求的政策的出臺,這對于我國新農(nóng)村建設(shè),城鄉(xiāng)協(xié)調(diào)發(fā)展有著重要的意義。 2010年《選舉法》首次將城鄉(xiāng)選舉人大代表的比例修改為一比一,在立法上做到了選舉平等原則,但是由于新的規(guī)定缺乏實踐操作經(jīng)驗,要想真正做到城鄉(xiāng)“同比、同票、同權(quán)”,在實踐中還需要面臨許多的困境需要解決,比如,選區(qū)劃分不盡合理,新時期農(nóng)村代表的立場以及履職能力的問題,選舉違法狀況層出不窮,流動人口選舉權(quán)的忽視,這些問題得不到解決,這種平等地法律規(guī)定只會停留在書面上。在中國的現(xiàn)實環(huán)境下,對于進行城鄉(xiāng)”同比、同票、同權(quán)”之類的制度變革,恐怕還不能過度樂觀。需要改進一些列的配套制度來保證真正的實現(xiàn)平等,并使其在民主的軌道上真正運轉(zhuǎn)起來,應(yīng)該采取一系列措施改變現(xiàn)有的選區(qū)劃分方法,更加合理的劃分選區(qū)；加大對農(nóng)民代表的培訓(xùn),提高素質(zhì)和履職能力；改革現(xiàn)行的戶籍制度,消除城鄉(xiāng)二元結(jié)構(gòu)的狀況給實現(xiàn)城鄉(xiāng)平等選舉權(quán)所帶來的各種障礙,以確保流動人口的選舉權(quán)；加大對選舉違法行為的打擊,通過設(shè)立專門的訴訟機構(gòu),完善選舉權(quán)侵權(quán)的訴訟程序,擴大選舉權(quán)侵權(quán)的救濟途徑。 政治學者羅伯特·達爾曾經(jīng)指出：“從歷史上看,民主的發(fā)展總是與對權(quán)利的尊重同步前進的�！被谖覈恼维F(xiàn)實,保障人民選舉權(quán)的核心就在于,進一步創(chuàng)造一個公平、公正和透明的選舉環(huán)境,使公民能夠進一步自由行使選舉權(quán)利、真實表達選舉意志,真正意義上實現(xiàn)城鄉(xiāng)選舉“同比、同票、同權(quán)”。
[Abstract]:Election is the source of democracy, the right to vote is the cornerstone of civil political rights, can be called "mother's right" of all democratic rights. The equality of the right to vote is one of the basic principles stipulated in the electoral law of our country. However, due to the specific national conditions of our country, the unequal practice of electing deputies to the people's Congress in urban and rural areas according to different population ratios has lasted for more than half a century. The difference in the proportion of electing deputies to the people's Congress between urban and rural areas in China has been set at 8:1 since the first Electoral Law of the people's Republic of China in 1953. In 1979, the Electoral Law clearly defined the proportion of deputies to elect people's congresses in counties, provinces and urban and rural areas as 4, 5, and 8; in 1995, the Electoral Law unified the proportion of deputies to elect people's congresses in urban and rural areas at 4; In 2010, the election law for the first time revised the proportion of deputies to the people's Congress in urban and rural areas to 1-1. So far, the right to vote in urban and rural areas has been "year-on-year, same vote and equal power". It has gone through nearly 60 years from the initial section 1/8 to the present election of the same proportion. The election of deputies to the people's Congress in urban and rural areas according to the same population ratio is the perfection of the principle of equal voting rights in the electoral law of China. At the same time, the amendment of the Electoral Law has realized the "same vote, same power" in urban and rural areas. The arrangement of this system has equally distributed the rights and obligations of urban residents and peasants, in line with the principle of equity and the requirements of the interests of the majority. This kind of system arrangement, also is advantageous to bring into play the system arrangement factor to the economic development promotion function. In addition, after the election of deputies to the people's Congress in the same proportion between urban and rural areas, there will be a corresponding increase in the number of farmers' deputies, which means that farmers' representatives' right to speak in the people's congresses has also increased correspondingly. This directly promotes the issue of the policy in line with farmers' interests, which is of great significance to the construction of new rural areas and the coordinated development of urban and rural areas in China. In 2010, the Electoral Law for the first time revised the proportion of urban and rural elected deputies to the people's Congress to a ratio of one to one, and achieved the principle of equal election in legislation. However, due to the lack of practical operational experience in the new regulations, it is necessary to truly achieve urban and rural "year-on-year, same votes," "the same right", in practice, still needs to face many difficulties to be solved, for example, the unreasonable demarcation of constituencies, the position of rural representatives in the new era and the ability to perform their duties, the situation of illegal elections, and the neglect of the right to vote of the floating population, These problems will not be resolved, and this equal legal provision will remain in writing. In China's reality, institutional changes such as "same-year, same-vote, same-power" between urban and rural areas should not be overly optimistic. Some supporting systems need to be improved to ensure the true realization of equality and make it really work on the path of democracy. A series of measures should be taken to change the existing method of constituency demarcation and more reasonable division of constituencies; We should strengthen the training of farmers' representatives, improve their quality and ability to perform their duties, reform the current household registration system, and remove the obstacles brought by the dual structure of urban and rural areas to the realization of the equal right to vote in urban and rural areas, so as to ensure the right to vote of the floating population; By setting up special litigation bodies, perfecting the procedure of voting right infringement, and expanding the remedy way of voting right infringement, we should strengthen the crackdown on the illegal acts of election. Robert Dahl, a political scholar, once pointed out: "historically, the development of democracy has gone hand in hand with respect for rights." Based on the political reality of our country, the core of guaranteeing the people's right to vote lies in the further creation of a fair, fair and transparent electoral environment so that citizens can further freely exercise their electoral rights and truly express their electoral will, The real realization of urban and rural elections "year-on-year, the same vote, the same power."
【學位授予單位】：延邊大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D921.2
本文編號：2443905
[Abstract]:Election is the source of democracy, the right to vote is the cornerstone of civil political rights, can be called "mother's right" of all democratic rights. The equality of the right to vote is one of the basic principles stipulated in the electoral law of our country. However, due to the specific national conditions of our country, the unequal practice of electing deputies to the people's Congress in urban and rural areas according to different population ratios has lasted for more than half a century. The difference in the proportion of electing deputies to the people's Congress between urban and rural areas in China has been set at 8:1 since the first Electoral Law of the people's Republic of China in 1953. In 1979, the Electoral Law clearly defined the proportion of deputies to elect people's congresses in counties, provinces and urban and rural areas as 4, 5, and 8; in 1995, the Electoral Law unified the proportion of deputies to elect people's congresses in urban and rural areas at 4; In 2010, the election law for the first time revised the proportion of deputies to the people's Congress in urban and rural areas to 1-1. So far, the right to vote in urban and rural areas has been "year-on-year, same vote and equal power". It has gone through nearly 60 years from the initial section 1/8 to the present election of the same proportion. The election of deputies to the people's Congress in urban and rural areas according to the same population ratio is the perfection of the principle of equal voting rights in the electoral law of China. At the same time, the amendment of the Electoral Law has realized the "same vote, same power" in urban and rural areas. The arrangement of this system has equally distributed the rights and obligations of urban residents and peasants, in line with the principle of equity and the requirements of the interests of the majority. This kind of system arrangement, also is advantageous to bring into play the system arrangement factor to the economic development promotion function. In addition, after the election of deputies to the people's Congress in the same proportion between urban and rural areas, there will be a corresponding increase in the number of farmers' deputies, which means that farmers' representatives' right to speak in the people's congresses has also increased correspondingly. This directly promotes the issue of the policy in line with farmers' interests, which is of great significance to the construction of new rural areas and the coordinated development of urban and rural areas in China. In 2010, the Electoral Law for the first time revised the proportion of urban and rural elected deputies to the people's Congress to a ratio of one to one, and achieved the principle of equal election in legislation. However, due to the lack of practical operational experience in the new regulations, it is necessary to truly achieve urban and rural "year-on-year, same votes," "the same right", in practice, still needs to face many difficulties to be solved, for example, the unreasonable demarcation of constituencies, the position of rural representatives in the new era and the ability to perform their duties, the situation of illegal elections, and the neglect of the right to vote of the floating population, These problems will not be resolved, and this equal legal provision will remain in writing. In China's reality, institutional changes such as "same-year, same-vote, same-power" between urban and rural areas should not be overly optimistic. Some supporting systems need to be improved to ensure the true realization of equality and make it really work on the path of democracy. A series of measures should be taken to change the existing method of constituency demarcation and more reasonable division of constituencies; We should strengthen the training of farmers' representatives, improve their quality and ability to perform their duties, reform the current household registration system, and remove the obstacles brought by the dual structure of urban and rural areas to the realization of the equal right to vote in urban and rural areas, so as to ensure the right to vote of the floating population; By setting up special litigation bodies, perfecting the procedure of voting right infringement, and expanding the remedy way of voting right infringement, we should strengthen the crackdown on the illegal acts of election. Robert Dahl, a political scholar, once pointed out: "historically, the development of democracy has gone hand in hand with respect for rights." Based on the political reality of our country, the core of guaranteeing the people's right to vote lies in the further creation of a fair, fair and transparent electoral environment so that citizens can further freely exercise their electoral rights and truly express their electoral will, The real realization of urban and rural elections "year-on-year, the same vote, the same power."
【學位授予單位】：延邊大學
【學位級別】：碩士
【學位授予年份】：2011
【分類號】：D921.2
【引證文獻】
相關(guān)碩士學位論文 前2條
1 孫利強;論我國選舉法的修改與完善[D];大連海事大學;2012年
2 關(guān)艷清;論我國農(nóng)民工選舉權(quán)實現(xiàn)的法律保障[D];華中科技大學;2012年
，本文編號：2443905
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