Constitutional Analysis Of Citizens' Voting System

Referendum is a specific behavior in the voting rights of all members of the community in relation to a specific area within the region to be directly voting. Two theoretical cornerstones of referendum are the theory of direct&indirect democratic and the theory of national sovereignty.Referendum is rooted in the specific historical and legal environment in the world practice varies, showed a greater diversity.Secondly, from the perspective of Constitutional, systematically analyze the connotation and denotation of the referendum, and the assessment of the referendum to be institutionalized analyze two dimensions from the type and value of the referendum. The former dimension is consist of legal norms, the subject and the matter of referendum, and analyzed by a combination of factors of referendum system, specifically the different between the theory and practice of the referendum. The latter dimensionsfrom positive and negative value objectively demonstrate the pros and cons of the system, summed up the advantage of the referendum may can strengthen the legitimacy of the referendum, improve legislative efficiency and the sense of participation, but there are also contrary to the expertise and seriousness of legislative decision-making, the public expression of simplistic,and easily to infringe the rights of minorities drawbacks. Thus, it should be combined with the fitnessthe constitutional law and regional traditions, the quality of citizens and other factors tojudgewhether the referendum is suitable. Then, by microscopic analysis of the referendum system in each country, combined with the basic program of the referendum (prior review, joint proposals, implementation and restrictions), make a conclusion that the real referendum have to agree with specific requirements and legal procedures.By comparing the similarities and differences of’civil referendum" recent yearsof HKSARwith realreferendum, and from angles of therelationship between centralgovernment and the HKSAR, the compatibility ofreferendum "People’s Republic of China Constitution" and "Basic law of HKSAR", and the subject, purpose, content and procedures and conditions and social effects of "civil referendum". The research shows that HKSAR did not have the constitutional basement to establish a constitutional referendum, and it also did not meet the constituent elements of real referendum.