Study On Legislative Voting Systems In China

This is a legislative dissertation regarding legislative voting systems(LVS).Its basic framework is divided into five parts, which are :1.a summary statements and historical evolution on LVS;2.value tropism on LVS of China;3.the systems on legislative voting way of China;4.the majority decision system on legislation of China;5.the legislative other voting systems in China. The first part above mentioned establishes the conception and characteristics on "legislative voting" which is used in this dissertation on the base of literature search and retrospects the historical evolution on LVS in China and foreign countries in order to track down the origin about the history of LVS. In the second part, it is intended to make a foundation stone for studying LVS and a value criterion for reviewing LVS in China. In third ,fourth and fifth parts, this dissertation states the actuality and the peculiarity of legislative voting way, majority decision system and legislative other voting systems in China, analyzes the problems and puts forward a constructive proposes to perfect LVS in China. There is a basic point that under constitutionalism, the LVS designed scientifically can safeguard democracy of legislation and end legislative debates in effect. Otherwise, there are phenomena in which the legislative body votes and passes a bill against democracy efficiently or hold off voting a bill with sufficiently ensuring democracy .The should-be value of LVS lies in ensuring the realization of democracy and efficiency and promoting both of them proportional and scientific realization. However, if we examine the actuality of Chinese LVS, it can be discovered that some voting regulations are still not adequate to play the role of ensure and promotion. For example, under the principle of people's sovereignty, the way of legislative voting should be open in the light of democratic legislation while the usual way of legislative voting in China is secret or name- unmarked, and anonymous electronic voting is very popularly adopted in practice. Another example is that Majority decision requires that the quorum of presence and the quorum of voting should be in accordance; otherwise the statistic result of legislative voting will deviate from democracy and hinder efficiency. Yet by studying the ratio and scope rule of quorum in the Standing Committee of the People's Congress, it is discovered that the quorums of presence and voting are not set up scientifically, as a result, the voting result can not reflect the majority consent of all legislator when absent rate is high, or certain legislative members waive in voting, or these two things happen together. Therefore, it is necessary to perfect the LVS of China.This dissertation fills up the blank of theoretic study on LVS in China and is intended to promote LVS in China...