城乡同比例选举人大代表的实现与保障
发布时间：2019-03-19 21:14
【摘要】：选举,是民主的源头,选举权,则是公民政治权利的基石,堪称一切民主权利的“母权”。选举权平等也是我国选举法规定的基本原则之一,然而,由于我国具体国情的原因,我国城乡按照不同的人口比例选举人大代表这种不平等的做法持续了半个多世纪。我国城乡选举人大代表的比例差异自1953年新中国第一部《选举法》就产生了规定了8：1的比例；1979年《选举法》将县、省、全国城乡选举人大代表的比例明确规定为4：1、5：1、8：1；1995年《选举法》将城乡选举人大代表的比例统一规定为4：1；2010年《选举法》首次将城乡选举人大代表的比例修改为1：1,至此,城乡选举权实现“同比、同票、同权”,从最初的八分之一条款到现在的同比例选举经历了近六十年。 实行城乡按相同人口比例选举人大代表是对我国选举法选举权平等原则的完善。同时,《选举法》的修改,实现了城乡“同比、同票、同权”,这一项制度的安排,平等地分配了城市居民与农民的权利义务,符合公平的原则以及大多数人利益的要求,这种制度的安排,也有利于发挥制度安排因素对于经济发展的推动作用。另外,城乡同比例选举人大代表后,农民代表会有相应的增加,这意味着农民代表在人民代表大会中的话语权也有了相应的增加,这直接推动了符合农民利益要求的政策的出台,这对于我国新农村建设,城乡协调发展有着重要的意义。 2010年《选举法》首次将城乡选举人大代表的比例修改为一比一,在立法上做到了选举平等原则,但是由于新的规定缺乏实践操作经验,要想真正做到城乡“同比、同票、同权”,在实践中还需要面临许多的困境需要解决,比如,选区划分不尽合理,新时期农村代表的立场以及履职能力的问题,选举违法状况层出不穷,流动人口选举权的忽视,这些问题得不到解决,这种平等地法律规定只会停留在书面上。在中国的现实环境下,对于进行城乡”同比、同票、同权”之类的制度变革,恐怕还不能过度乐观。需要改进一些列的配套制度来保证真正的实现平等,并使其在民主的轨道上真正运转起来,应该采取一系列措施改变现有的选区划分方法,更加合理的划分选区；加大对农民代表的培训,提高素质和履职能力；改革现行的户籍制度,消除城乡二元结构的状况给实现城乡平等选举权所带来的各种障碍,以确保流动人口的选举权；加大对选举违法行为的打击,通过设立专门的诉讼机构,完善选举权侵权的诉讼程序,扩大选举权侵权的救济途径。 政治学者罗伯特·达尔曾经指出：“从历史上看,民主的发展总是与对权利的尊重同步前进的。”基于我国的政治现实,保障人民选举权的核心就在于,进一步创造一个公平、公正和透明的选举环境,使公民能够进一步自由行使选举权利、真实表达选举意志,真正意义上实现城乡选举“同比、同票、同权”。
[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."
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D921.2
本文编号：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."
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D921.2
【引证文献】
相关硕士学位论文 前2条
1 孙利强;论我国选举法的修改与完善[D];大连海事大学;2012年
2 关艳清;论我国农民工选举权实现的法律保障[D];华中科技大学;2012年
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