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Study Of The Legal System Of Management And Supervision Of Election Expenses

Posted on:2009-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2206360248451208Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
It is without a doubt that election needs the funds. Any election needs place, procedure, way, behavior and so on, but all these are based on abundant substance foundation. The material difference is the use form of the substance or the money and election system difference, even the political system difference. This research is about the legalization of the management and supervision of election expenses, absorbs the foreign successful experience, and based on democratic election practice of our country, proposes the legalization way of the management and supervision of election expenses about our country.The research is divided into six chapters:The first chapter is about the bottom of election expenses, the tendency of the historical development. The election exists in every stage of the human history as one kind of public political behavior to choose officials, the material supports of election throughout the election activity of the humanity, and it has the different performance because of its backing different political system. In the primitive society, the traditional custom had the advantage status, the election activity didn't need very much substance to support, and the main need is one kind can defend the procedure and the form of the traditional dignity. But in modern society, along with principles and systems of general election, direct election, equal election, and secret voting and so on establishment, as well as expansion of election scale and the election campaign prosperous, election expenses grows unceasingly. It is inevitable trend in market economy time.The second chapter, the collection and the significance of election expenses of the modern society. Mainly includes: concept of election expenses defines; characteristic of election expenses, including multiplicative origin of election expenses, the disbursement scope magnification, affects heavenly to the election result. The legalization characteristics of management and supervision of election expenses and so on; the origin and the obtain way of election expenses mainly have five kinds; election expenses classification and disbursement scope; Sufficient election expenses to the positive sense of the democratic election system; election expenses supervision not strength to the negative effect of modern democratic election system. Through pondering over the theorization of election expenses, grasps its logical foundation, provides the rationale for the legalization research of the management and supervision of election expenses.The third chapter, present situation of election expenses about the foreign democratic state. After World War II, the world entered into the long-term peace and development time, the modern democratic system can also develop thoroughly unceasingly in the world scope, the investment of election expenses increases unceasingly, but following election expenses grown is the money's challenge to the modern democratic system, the election expenses climb year by year in quantity, the campaign expenses supervise difficultly, the suggestion of "the trades between money and power" and "the political scandal", the legislative function is limited, eradicates the disease of the money election with difficulty, "money politics", "the capital relationship through female relatives" and so on questions puzzle various countries political arenas. Various countries damage severely for this reason, and take the measure to supervise positively.The fourth chapter, empirical analysis of the management and supervision system of election expenses of the foreign democratic state. For the standard election expenses operation, guaranteed that the election fair, various democratic state has been seeking the legal method of standard election expenses to obtain and disburse, although does not change radically the dependent condition of the election to the money, but has made the small progress, manifested democratic election, moreover the unceasing reform formed the opening system of the election legislation, caused the relative system to consummate unceasingly had the possibility. According to the legislation and the practice of the management and supervision of election expenses of the various countries, summarize the rule, mainly includes three aspects: standard election expenses origin and determination donation quota by legislation; establishment the finance subsidy system of the state; establishment perfect election supervision and relief system.The fifth chapter, the origin analysis and question of the management and supervision of election expenses of our country. In our country, because range of the direct election extends to the National People's Congress of the county, as well as the democratic autonomous policy of the village (occupies) commission unceasing realization, election expenses is also increasing unceasingly. The collection and disbursement of election expenses is even more important, as well as its management and supervision question. Now the management and supervision of election expenses has mainly the following several problems: the idea of the legalization is light, the ideology is too thick; the management and supervision of election expenses lack of the standard and guidance of concrete laws and regulations; phenomenon of election expenses excessive expenditure is quite serious, the mechanism of the financial accounting review and the system of the account open to public are not perfect; the supervision and relief system of election exists legislation blank. By analysis of these questions, proves that our country needs to strengthen the legislative research of the management and supervision of election expenses.The sixth chapter, proposed legalization conception of the management and supervision of election expenses of our country. Not only need enhance understanding of election expenses, faces directly to question of election expenses of our country which exists in the election practice. Moreover must stipulate explicitly in the legislation, display standard and instruction function of law. Absorbs the foreign experience, according to the practice demand of our country, proposed that the concrete legislation or formulates and other regulated document needs to pay attention several main points, and consummates the supervision and the dispute solution mechanism of that related election expenses.
Keywords/Search Tags:Democratic election, Election expenses, Campaign expenses, Bribery election, Election supervision
PDF Full Text Request
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