Flow Of Voters To Vote Security System

Electoral power is a fundamental right of Chinese civilian. This right is universal, equal and unalienable. Protection degree of electoral power is not only an important indication of scaling civilization degree and democratization degree for one country, but also a behaving form of nomothetic society and constitutional government. Constitution and Electoral law establish many systems to protect civilian electoral power. However, with transition from farming civilization to industry civilization and expediting of city, more and more people often flow from one place to the other. Chinese government takes some measures to protect floating population's economic right, cultural right and educational right. But it neglects to protect floating population's political right. Additionally, the dual structure of city-countryside and the leak of electoral law make flowing electorate lose the electoral power indirectly. This condition has deviated from the democratic nature of China, blocked the course of democratization and the development of political civilization. Consequently, the academe should pay attention to this social problem, promote the perfection of the electoral law, and safeguard the flowing electorate's suffrage. This article will research the protecting system of the flowing electorate's suffrage, in order to put forward some maneuverable advice to safeguard the flowing electorate's suffrage.This article pays attention to the protecting system of the flowing electorate's suffrage, including four parts besides preface and epilogue, which consists of 38 thousand words.The part of preface explains the reason, the actuality, the characteristic and the meaning of people's flowing. It also analyses the importance of researching the protecting system of flowing electorate's suffrage.Part I : The theoretical foundation of protecting flowing electorate's power.The article ascertains the need of protecting flowing electorate's vote from economics, politics, law in different angles. The part emphasizes to clarify important meaning that population flowing breaks the dual structure of city-countryside, accelerates economy development of city and countryside, resolves "farmer, agriculture, country" problem. The article searches legal theory of establishing protecting system of flowing electorate's from democracy, nomocracy, constitutional government as well as the equality and universality of electoral power. The author considers that we should safeguard the civil electoral power strictly in order to guarantee the status that the people are the hosts, because our constitution has established the rules of the people's authority. The political right is regulated by constitution and law. Safeguarding the electoral power of the people including the flowing persons is the embodiment of ruling the country of law in electoral system, and the necessary request of constructing a legal country .Safeguarding the electoral power of the flowing electorate not only makes them maintain their interests and devote to the local economical construction, but also probes them to build up the belief of constitution and law gradually, to impulse the realization of constitutional government. The universal, equal and free election is the base of modern democratic politics. Thepower of the elected government comes from the commission of people, and the form of commission is a general election. Democracy can't exist if there isn't general election. When the general election brings into effect, the equal election will Be protected and the degree of democracy will increase. During the course of democratization, extending the area of democracy, enhancing the degree of democracy, carrying out the rule that all people are equal under the law, and realizing political civilization, all these things require safeguarding the electoral power of flowing people, listening to their voice and pleas, protecting their interests, satisfying their lowest democratic request.Part II: The primary content and functional actuality of the safeguarding system of Chinese flowing electorate's suffrage. The part introduces some provision which regards flowing electorate's suffrage in our constitutional law, electoral act and local laws. It carries through comparative research for the implement detailed rules of villager committee electoral act, resident committee electoral act, people's congress electoral act of county and countryside ,but also explores punitive measures when some overpass the others' electoral power in electoral act , criminal law and the villager committee organizing act. According to these, it sums up the primary content of the safeguarding system of Chinese flowing electorate's suffrage. This part describes functional actuality of the safeguarding system of Chinese flowing electorate's suffrage by the two suits regarding suffrage.Part HI: The problem and deficiency of the safeguarding system of Chinese flowing electorate's suffrage .In this part , the author points out that there are problems which should be resolved urgently in the safeguarding system of Chinese flowing electorate's suffrage: Firstly , owing to the leak of law , we can't enough protect flowing electorate's suffrage. Electoral act and some legislation explanation hardly regulate procedure and safeguard measures of flowing electorate's suffrage. In these laws, some regulation regarding electorate register, amount of delegate, electorate division make against exertion of flowing electorate's suffrage. The punitive regulation about destroying election and depriving flowing electorate's suffrage is very distempered. So the law lags terribly the phenomena that Chinese people flow cosmically. Secondly, the system of registered permanent residence baffles flowing electorate to vote effectively. Along with the establishment of registered permanent residence and administering system, and the cancel of the right of migrating freely, our country has formed dual city-countryside permanent residence. The system that registered permanent residence can't transfer freely, causes the disjoint between persons and registered permanent residence, and deprives virtually floating population some rights. Thirdly, the distributing system of the number of congress' delegates ignores flowing electorates' rights. In the light of the proportion of persons who have registered permanent residence, such fact not only results in the structure of the elected delegates disagreeing with the structure of local population, but also makes it difficult to safeguard the electoral power of the population who don't have registered permanent residence. Fourthly, the mode of registering electorates is out of date, and the registered process of flowing electorates is complex. The provision of electorates' register of floating population in our electoral act makesit easy to register repeatedly. The principle that registering electorates circling with the area of registered permanent residence, hasn't agreed with the society that the population floats frequently, and blocks the floating population to realize electoral power ulteriorly. Fifthly, the difference of polling day results in unfairness of flowing electorate's suffrage. Electoral act carries out the principle of fair electoral power. But owing to the difference of local polling day, cotemporary people possess unfair electorate's power in different place. Sixthly, there aren't systems to safeguard abroad electorate's suffrage. According as electoral act, overseas Chinese can take part in vote if he is interior during the voting of people's congress of county and village. This regulation deprives actually of overseas Chinese electoral qualification when he isn't interior during the course of voting.Part IV : The suggestion that perfects the safeguarding system of floatingelectorate's suffrage. Aiming at these problems, the author brings forward some feasible advice: Firstly, we must innovate the system of registered permanent residence of the dual structure of city-countryside. In order to safeguard the electoral suffrage of flowing electorate, we should reform the system of registered permanent residence, to establish the system of registered permanent residence according to his habitation and work units, and reform the existing criterion of plotting electoral district, to establish the principle of giving priority to the habitation and work units. Secondly, we should regenerate the distributing system of the number of congress' delegates. Thirdly, we should renovate the system of electoral register, establish the electoral registered place in the core of inhabitation and work units. Thus we can adopt initiative and voluntary, internet and manual registered mode. Fourthly, in order to maintain the equality of the electorate's democratic rights, we should establish universal polling day. An universal polling day predigests the produce of electoral register, make it convenient to register and elect for floating population. At the same time, the whole expenditure will reduce, and the problems, such as double election will be resolved. Fifthly, we must protect oversea electoral suffrage. In order to protect oversea electoral suffrage, we should set up a uniform organ to register them. In the aspect of plotting electoral districts, we should either set up electoral district in the collecting areas of them, or classify them to their former registered permanent residence or the habitation where they live before going abroad.The part of epilogue clarifies further that there is important sense to protect flowing electorate' suffrage for the development of politics civilization, inspirit civilization and substance civilization; to erect a harmonious society. The author advises legislature to amend electoral act as soon as possible and perfect the safeguarding system of flowing electorate's suffrage.