Constitutional Interpretation Of Democratic Centralism In China

The delay of election reflects the procedural dilemma in the running stage of our grassrootselectoral system. After the inspection, the Xiangxiang Yunmen community’s delay of theelection is not a single case of national grassroots elections. As today is such an importantperiod of social transformation, if it is a fact that social changes as “villagers turn to citizens”under the urbanization have reserved the space for the grassroots to chase interests, then,bribery in election is the “right geek” which appeared during the running of current grassrootselection. In this case, it is because of the bribery in election and the intervention of judiciary,the normal election process has been "cut off "halfway, so the election has to be overduedelayed. If the intervention of judiciary is a special reason for the suspension of electionprocess, there must be some procedural rules to regulate the “suspension”,”overdue”and”delay”. In accordance with the minimum requirements of the rule of law, these proceduraldefects should be noted timely, and the legal consequences should be implementing to specificparties lawfully. Viewing from the perspective of law, advance prevention, supervision duringthe process and afterwards relief mechanism, are the necessary parts to normalize ourgrassroots elections. However, we have no legal regulations about the procedural mattersinvolved in the general election. In order to bring the electoral process into the legal system,and make it fit the needs of the present system of grassroots community, we should graduallyimprove the legal confirmation process of”voter qualification",and reasonably qualified thescope of "candidate" and subject qualifications. Introduce the mechanism of "recommended"and "guidance" to make up the lack of "sea election" of produce candidates at this stage.Experience has shown that, in some place with better democratic foundations of our country,the mode of "campaign" will be nice, but adaptability exploration of this mode should be basedon the situation on the ground and sentiments specific, also, a workable technicalimplementation program will be needed. Without doubt, these internal procedures can absorbthe public opinions maximally, and it can prevent the tendency of unconstitutional during thegeneral election. The reason of suspension, relevant recovery process requirements, andrecognized standards of bribery in election must be clearly defined; in addition, we shouldimprove the punishment foundations, and the implementation of their legal responsibility. It isnecessary to improve the remedies of the right to vote and to be elected continually. Overall, itis an urgent affair that to inspect our general election process and make it perfect from theperspective of developing social autonomy of grassroots.