The Research On Feasibility Of Direct Election Of Mayor

Elections as an institutional term, which consists of a series of related procedures, methods, principles, composition, and has been recognized by law. Direct and indirect elections in which the election is just ways and means of election arrangements. Electoral system in the process of growing solid, gradually forms some of the most basic principles of its own, largely universal, equal, direct and secret principle. Objectively speaking, the development of the election on the one hand is that the people at all levels of society continue to implement the process in its own right, on the other hand is the practical needs of the ruling party and the Government under the outdated structure and mechanism of the ongoing reforms process.Township as a link connecting urban and rural areas in China, under the construction and stability of state power is essential. In recent years, some places try to "township elections" reform, and some try "direct elections", and some "public recommendation and public election", and some "three-vote" election, as well as "a two-election push. " Reform of the way these elections are around the broad participation, open competition launched for the expansion of rural grass-roots political democracy, strengthen the construction of rural grass-roots political power plays a significant role.Some scholars believe that China has already implemented with the direct election of township conditions, and fully demonstrated the township elections in China can help improve the Chinese Communist Party's ruling capacity to ensure political stability and the stability of the state. They believe that township elections are the product of historical precipitation, on the basis of self-government in the village, the air in rural China than ever a strong democracy, in which the air under the influence, farmers naturally think of direct election, why can the farmers directly elected village committee, while the town can not? Many parts of China's farmers and local officials have put forward demands in different degrees, to carry out the direct election of township requirements. In this article, the author conducted in-depth analysis of sub-section lists a variety of reasons why China can not be the direct election of township. The rule of law in China is growing today, the flagrant violation of the "Constitution" will be doomed to struggling. Constitutional reform, will do not work, or be more harm than good, as long as the investigation of the specific process, it is not difficult to see any form of unconstitution violates the spirit of democracy and undermine the rule of law, local public authority is bound to exacerbate the rights and freedoms of citizens against the tendency; In the cadre appointment and removal system, we should strictly abide by the law, the civil service system is the elected deputies indirectly elected at all levels of elective system of leading cadres at all levels, it is difficult to straighten out the relationship between directly elected by voters of the township and other government leading cadres, resulting in township people's congresses and the operation of the power relationship between the township government in an awkward position; The eyes of the majority of farmers, there are many conservative and backward concepts, such as old and not vote for the election when the election less, the election will not vote for the local field, select the "good guys" do not choose the "genius" and other common tendency, so that seriously affected the election results quality; Furthermore, the implementation of direct elections of township could shake the ruling party leadership at the grassroots level, and the party's policy does not match it and the relationship become nervous; it conflicts with the government of township traditional "enforcer" role, "pressure-oriented government, " and so had to face a serious problem. Therefore, the article's view is that under the overall environment in China, the reform of township is unrealistic and extremely dangerous.Some scholars have personally rural field surveys of public opinion on the basis of direct election of the first-hand information, including 29 counties in Jiangxi Province 7 survey township cadres,2 counties in Jiangxi Province in 112 villages in 40 village cadres survey of county in Jiangsu Province,400 villagers in 20 villages and 60 village leaders of the questionnaire. The results showed that, in the township cadres, village cadres and villagers in favor of "direct election of township should be" reduced by the ratio of present trends, the highest rate of support for township cadres, the lowest support for the villagers. Most rate "should be directly elected but conditions are not yet mature, " This shows that the majority of rural people in the democratic elections there is great hope, sincerely hope that they can become their own masters, but it seems that everything is hazy They are glimpses of great difficulties in the short term can not be overcome, but how to find a solution seems to be extremely negative, the majority of blind and helpless rural people whom we had thought.This constitutional arrangement by analyzing the direct election of township voters "pilot" cases show that the constitutional reform and the constitutional framework far less effective reform. Local public authority then there is no need to pay the price will be unconstitutional by the level of township people's congress elections to voters directly, but rather within the framework of the Constitution to the election into the competition. Media reports have, direct election of township "pilot" process to fierce competition between the candidates, suggesting that this election can solve the lack of competitive elections, deputies elected leaders and local state organs, the lack of competition and electoral choice of problem. If so, people will inevitably ask:why not legality and constitutionality of this competition be used for the election of people's deputies elected leaders and local state organs? Any modern democracy is rule of law and democratic country, will not allow any individual, any organization in an abstract from the democratic principle of freedom to organize its constitutional structure of state organs leadership election. Take the situation of foreign patients, said that under the constitutional framework in the United States can not engage in the current British prime minister elections, the current constitutional framework in the UK do not allow American or French, Russian-style presidential election. Similarly, in the framework of China's current Constitution can not tolerate American-style elections or Japan governor, said prefectural governor election as head of local administration elections. In addition, growing awareness of a deep-rooted in the rule of law in China today, that the use of unconstitutional way of organizing the elections to elect the township,will face the embarrassment of illegal null and void. Strong sense of civil law areas, not legitimately elected leaders of local organs of state legitimacy of the representation is likely to be questioned, it is difficult to carry out normal work.The author believes that direct elections are not necessarily better than the indirect election, look at the case of the Chinese pilot is not difficult to see direct elections, the election of competitive pressure in the peace of mind in the election first, there are rival candidates will have to serve the people when the pressure easy to accept the people's supervision, the specific implementation can try to eligibility criteria set by law, everyone can voluntarily register as candidates, and through open competition or have an official candidate by secret ballot, and all official candidates for 2 people to do more, elimination of an election. Frequently in the Chinese deliberately initiated and the pilot "direct election" sounding "referendum", but in reality no such intention, it will be divided into several rounds of a few votes in the election, had distorted the actual "direct election" of the true meaning, even raising people sense of democracy, the electoral vote, but the formation of a distorted system of neither fish nor fowl. I think that instead of that, as vigorously competitive elections, indirect elections also directly elected the original appearance of confusion in specific areas to inject competition, the electoral process from start to finish is transparent, fair, this is the best suitable for China choice.