城市农民工行使选举权困境的法律思考

发布时间：2018-05-15 17:24

本文选题：城市农民工选举权 + 城市农民工参选资格　；参考：《延边大学》2015年硕士论文

【摘要】：随着我国经济快速发展及城市化进程的不断加快,附有“中国特色”色彩的城市农民工因子女上学问题、社会保障问题等的困扰使其更加清晰的认识到参与居住地的政治生活,表达自身利益的重要性。但因城市农民工自身流动性强及深受二元户籍制度的影响,不能与居住地的居民平等行使选举权,导致无法融入选举活动,致使城市农民工选举权虚化或者落空现象等情况。本文共分为四章：第一章分析城市农民工行使选举权的研究背景及现状的基础上加以论述选题目的,进一步明确城市农民工行使选举权的意义。第二章介绍城市农民工行使选举权的概况,结合城市农民工的特征及选举权的性质及内容,分析选举权作为公民的一项基本权利,是人权的最高表现形式。我国已拥有超过2.6亿的庞大的农民工群体,作为占据我国人口较大比例的政治生活主体,明确不能因城市农民工的受教育程度低及流动性强就限制行使合法权利。同时,介绍城市农民工行使选举权的现状,表述以城市农民工代表比例较少及其的合法选举权受到侵害的现象。第三章分析城市农民行使选举权的主客观困境,解释使其庞大的社会群体无法融入到居住地选举的客观原因是我国城乡二元户籍管理制度及城市农民工参选路径狭窄导致其选举权无法得以实现,并结合城市农民工的重视经济权利,并进一步阐明城市农民工无法实现选举权的主要原因。第四章为拓宽城市农民工行使选举权途径之法律思考。加以论述以改革户籍制度的必要性,使城市农民居住地享有平等的居民待遇,并赋予城市农民工在居住地自由参选资格使其融入到居住地的政治生活。为拓宽城市农民工行使选举权救济渠道增设城市农民选区及推行城市农民工在居住地投票权投票表决选出自身满意的代表,为其赢得更多的利益。同时,为提高城市农民工代表的代表比例,规范选举程序,提高其选民登记率,节省其参选成本,实现自身的参选意愿。与此同时,加强对城市农民工的相应的文化基础设施建设,并要求政府加大对相关的非营利性设施进行建设,从促进社会公平公正视角出发,建立农民工参政议政平台,改善其政治地位,增强其参政意识,使城市农民工能维护自身合法权益等。
[Abstract]:With the rapid development of our country's economy and the accelerating process of urbanization, the rural migrant workers with "Chinese characteristics" have become more aware of their participation in the political life of their place of residence because of the problems of their children's schooling and social security. The importance of expressing one's own interests. However, because of the strong mobility of urban migrant workers and the influence of dual household registration system, they can not exercise the right to vote on an equal basis with the residents of their residence, which leads to the inability to integrate into the election activities, and makes the voting rights of urban migrant workers disappear or fail. This paper is divided into four chapters: the first chapter analyzes the background and status of the urban migrant workers exercise the right to vote on the basis of the purpose of the topic, and further clarify the significance of urban migrant workers exercise the right to vote. The second chapter introduces the general situation of urban migrant workers exercising the right to vote, combined with the characteristics of urban migrant workers and the nature and content of the right to vote, analyzes the right to vote as a basic right of citizens, is the highest expression of human rights. Our country already has more than 260 million huge peasant workers group, as the main body of political life which occupies a large proportion of the population in our country, it is clear that we can't restrict the exercise of legal rights because of the low education level and strong mobility of the urban migrant workers. At the same time, the paper introduces the status quo of urban migrant workers exercising their right to vote, and describes the phenomenon that the proportion of urban migrant workers' representatives and their legitimate right to vote are infringed. The third chapter analyzes the subjective and objective dilemma of the urban farmers to exercise their right to vote. It is explained that the objective reason why the huge social groups can not be integrated into the residence election is that the dual household registration management system between urban and rural areas and the narrow path of the urban migrant workers to stand for election can not realize their right to vote. Combined with the importance of economic rights of urban migrant workers, and further explained the main reasons why urban migrant workers can not realize the right to vote. The fourth chapter is to broaden the urban migrant workers exercise the right to vote way of legal thinking. This paper discusses the necessity of reforming the household registration system in order to make the urban peasants enjoy equal treatment of residents in their residence, and endow the city peasant workers with the right to participate freely in their residence so as to integrate them into the political life of their residence. In order to widen the relief channels for the urban migrant workers to exercise the right to vote, to increase the city farmers' electoral district and to promote the city migrant workers to vote in the voting place to elect their own satisfied representatives, so as to win more benefits for them. At the same time, in order to improve the representation ratio of urban migrant workers, standardize the election procedure, improve their voter registration rate, save their election costs, and realize their own willingness to run for election. At the same time, strengthen the corresponding cultural infrastructure construction of urban migrant workers, and request the government to increase the construction of related non-profit facilities, from the perspective of promoting social equity and justice, to establish a platform for migrant workers to participate in politics. Improve their political status, enhance their awareness of political participation, so that urban migrant workers can safeguard their legitimate rights and interests.
【学位授予单位】：延边大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D921.2;D412.6

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