On The Rights Relief Of The Electoral System In China

As important component of citizen's suffrage, the electoral rights are closely related with the expression of political benefit and the realization of people's sovereignty. The theory of right relief indicates that if each right can move in legitimate track, there won't be any relief problem. However, the real life proves to us that the realization of right always encounter various hindrance and violation, this makes relief to be essential. Therefore, the realization of the electoral rights not only depends on the system safeguard which provided by Constitution and law, but also needs to have a series of relief measures to correct error when the rights receive violation, these measures are the relief system of rights.From the study and comprehension of the theory and practice of constitutional democratization, I become to know that if we want to realize the constitution blueprint of respecting and protecting the fundamental human rights, to achieve the communal development of the material, spiritual and political civilization, to comply the great objective of constructing harmonious society, we must take people's wide and conscious political participation as premise and beginning, and take the realization of citizen's political rights as safeguard. And the realization of electoral rights not only needs the guarantee system to confirm, but also needs the relief system to remedy when they receive violation. Therefore, I select "On the Rights Relief of the Electoral System in China" as the topic of my PhD thesis.The logical structure of this thesis is arranged as follows:Chapter one:Analysis of the electoral rights theory. This chapter attempts to analyze the basic theoretical issues of concept, nature and structure of electoral rights, in order to lay the foundation for the subsequent arguments. This article describes the "election" as "under the democracy system's background, the citizens who has the electoral qualifications choose the state representatives of representative organs and the conduct of public officials according to the legal procedure and way." Then the elections of village committee and other grass-roots mass autonomous organizations are excluded. Correspondingly, the author defines "the electoral rights" as "the rights for the legally qualified citizen to vote for or to be elected as the state representatives of representative organs and the conduct of public officials according to the legal procedure and way". This chapter points out that the electoral rights have four major characteristics:political nature, universality, equality and competitiveness. This chapter carries on a comparative analysis to the nature of the electoral rights, drawing assistance from introduction and comparative analysis of three theories:proper rights, social duty and combination of right and duty, it is considered in this chapter that the theory of combination of right and duty is more support. The author thinks that as important political right, the electoral rights must meet the public interest need in the exercise. In addition, this chapter also launches a detailed analysis of the structure of the rights to vote and the rights to be elected.Chapter two:An overview of relief system of the electoral rights. Before launching the elaboration of the relief system of the electoral rights, this chapter first introduces the guarantee system of the electoral rights. Because we believe that it is the premise of the relief of the electoral rights, there will be no implementation of the remedies if there is no violation of the guarantee of the electoral rights. Based on this, the author explains the connotation, the type and the premise of the relief of the electoral rights, and thinks the relief of the electoral rights is a mechanism for the relevant subjects to seek self-reliance or request the relevant state organs to give solution when their electoral rights are violated. The relief channel of the electoral rights is divided into three basic types:self-reliant relief which takes electoral recall as its model performance way, electoral supervising and electoral litigation. And the recall refers to the elector or the representative bodies deprive of the incompetent representatives of the national representative bodies and some national public officials during their tenure. Electoral supervising refers to a general name of the monitoring the activities of various types of violations during the electoral process. Electoral litigation refers to the lawsuit which initiated by the related subject surrounding the electoral campaign to the statutory authority.Chapter three:The history, present situation and insufficiency of our country's relief of the electoral rights. This chapter first traces four historical periods of China's relief system of electoral rights:the late Qing Dynasty era, the Republic of China era, the new democratic regime era and the People's Republic of China era. And analyze the present situation and insufficiency of our country's system of electoral recall, electoral supervising and electoral litigation. On this basis, the author believes that the main problems of the electoral recall are:the reason lacks clarity, the procedure lacks consummation, the right subject has obvious displacement; the main problems of the electoral supervising are: the monitoring body lacks neutrality, the voters supervision is in name only, the object of supervision is not comprehensive; the main problems of the electoral litigation are:the jurisdiction institution lacks technicality, the procedures are defective, the scope is rather narrow.Chapter four: The establishment of the relief system of the electoral rights in overseas, Hong Kong, Macao and Taiwan. This chapter introduces the electoral recall, electoral supervising and electoral litigation one by one. For the electoral recall, the author introduces the system establishment of the direct recall and the indirect recall separately, and because the "lethality" of these two systems is very strong, therefore countries hold a very cautious attitude when they use them, that is to say that they don't start the recall procedure easily. For the electoral supervising, the author focuses on the main way and content of the electoral supervising, and explores its relationship with the electoral litigation. For the electoral litigation, this chapter introduces the jurisdiction pattern of the electoral litigation, on this basis, introduces the litigation system of the representative countries in the UK-US legal system and the mainland legal system. And the author points out that these systems not only have obvious difference, but also have common places.Chapter five:the approach roads of our country's relief system of the electoral rights. For the insufficiency of the relief system of the electoral rights proposed in the third chapter, this chapter proposes approach roads for the three kinds of relief system correspondingly. First, for the improvement of the electoral system of recall, the main task is to clear the reasons, to improve the procedures and to transform the way of the electoral recall; Next, for the consummation of the electoral system of supervising, the main task is to set up a special electoral oversight body, to design strict electoral procedure, and to introduce suitable competitive system; Finally, for the improvement of the electoral system of litigation, the main task is to set up a special jurisdiction agencies, to design a specific procedure, and to expand the document scope of the lawsuit. Chapter six:Conclusion. In this chapter, the author points out that despite our country's electoral system design are not lagging behind other countries in many places, but in the process of practice in operation, there is still a big disparity. And this disparity can not make up simply through the system design levels. This requires us to create subjective and objective environment for the survival of the system when we improve the system itself. In addition, we must also focus on protection of the rights of particular groups, only then like this, we can realize the all-round consummation of the relief system of the electoral rights.