| Direct election is a foundation of the electoral system in our country. Whether we can choose the basic level deputy to NPC who accord with the will of the people and have high. Quality is basic safeguard of the election. Nominating to define the candidate of the deputy is the most important link in the process of the direct election. This article will study the relative law of the nominating to define candidate and the problems in the process according to the law of the nominating and defining candidate in the election law. This article also discuss how to reflect the democracy and the real will of the law in modern election laws better so that we can choose the deputy whom can really stand for people's benefits. The main law that our country standardizes the direct election basis at present is "The Election Law of NPC and People's Congress in localities". After the foundation of the state, our country made two election laws. One was made in 1953, the other was made in 1979.The latter was modified four times in 1982, 1986, 1995, 2004 according to the social development and requirements. We can find out the problems through nominating, introducing and defining the candidates. First, at candidate's nomination stage, we usually pay much attention to the organization's candidate, but underestimate the joint candidate of electors. We usually provide the rigid structure of the deputy's rate and the number of deputies. Second, at the candidate's introduction stage, the right of introducing the candidate is in the electoral organization or belongs to the recommender, so deputy and candidate's initiative can not bring into play. It's difficult to come into the communication between the deputies and candidates. Third, during the course from the preliminary to formal candidate, the legal provisions are too fuzzy and the voters have many complaints to this. The origin of producing above? mentioned problems has two respects mainly. On one hand, there is loophole in the legal provision: it's so simple and principle that it makes a lot of difficulties to the practical operation. On the hand, our nation quality and democracy are low. We get used to depending on the administration means for a long time. To the above mentioned reasons, if we want to solve the problems in the current legal frame, we should perfect the electoral system and standard the process of the nomination to define the candidates. We can solve these problems through three aspects. First, we should perfect the candidate's mechanism of nomination. We can realize this point from three aspects. One, we should separate the right to vote and the right of be elected and put forward higher request for the candidate. We should be more strict with the candidate than the voters. Two, we should define the candidates and his right clearly. It's a general rule that the candidate is nominated by political party. People's organization is helpful supplement to what political party nominate. To the right of the people's organization's nomination, we should define clearly which group can be defined that can nominate directly. We should strength the joint nomination of voters. We can add the number of he joint voters so that we can guarantee the cautious and seriousness of the nomination. Three, we should define clearly the rate of candidates between political party and organization and the joint voters. Don't permit to define the...
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