Legal Guarantee Of The Right To Vote

The word "Guarantee" is different from "protect" in linguistic implication. "Protect" emphasizes the meaning of "taking care of something so as to keep from harm, injury, attack, etc", while the word "guarantee" has an additional connotation of "be or give a guarantee" on the basis of mixing the content of "protect" together. In contrast to the word "guarantee", "legal guarantee" limits and regulates the category of "guarantee" at the level of legal procedure and legal relief. The right to vote, as one of the important part of the Franchise, is closely related with the expression of political interests, participation of administrating the state and realization of people sovereignty. The realization of suffrage dose not only depend on announcement or declaration of constitutional provisions, but also relies highly on systematical guarantee of statics and development, internality and externality, activity and negativity as well as procedure and substantiality. Through my teaching career for more than two decades and my participation and comprehension of constitutional democratization in china, especially in my disappointment of the difference between ideal of civil rights and reality, I deeply understand that we have to regard the extensive political and social participation by people as the starting point and set the realization of political rights as a goal, while respecting and protecting nature rights such as fundamental right of existence, properties and freedom, etc, organizing and constituting representative government to administrate state affairs and realizing coordinate development of material, spiritual and political civilization. Political rights both contain inside the value of human being's political thoughts, culture and philosophy and illustrate the basic characteristics of rights, which can guarantee the realization of rights. It is said that thoughts run in front of theories and theories can conduct actions, therefore I choose "Legal guarantee of the right to vote" as the topic of my doctorate thesis. As the research goal has been set already, research methods and measures shall play an important role. Methodology of jurisprudence comprised of legal philosophy, legal sociology and legal hermeneutics provides jurisprudence research with three-dimensional ways of pluralism. Certainly, although the diversity of the research methods may indeed show different aspects and characteristics of the research subject, it may probably disperse researchers' attention, making the subject complex and difficult to study on. According to "Legal guarantee of the right to vote", an issue full of practical reason, this thesis mainly uses positive method of legal sociology to describe objectively the research subject, finding out its existing problems, analyzing its causes and putting forward suggestions and plans for its perfection by ways of analyzing cases, questionnaires and investigations. As carrier of academic thinking, papers have their own logical order inside. It serves the development of the proposition and satisfies the need of the points and argumentations. To talk about it in concrete, the logical structure of this thesis is arranged as follows: Chapter one: Research and discussion on fundamental theories of the right to vote. It tries to start from the ontology of the right to vote, classifying its basic category so as to lay a foundation for the standpoint of this thesis. This thesis confines election to election for representatives of relevant state parliamentary organizations and some certain state officers. Because election for villagers' committee is a break and a propeller of China's democratization, it will be discussed in chapter five especially. Correspondly, "the right to vote" is defined as claims that citizens are entitled to choose representatives of state parliamentary organizations and other officers through written or unwritten form except the rights of which villagers shall elect their committee. Drawing assistance from introduction and comparative analysi...