Research On The Constituency Demarcation Of Electoral System In China

Basic National People’s Congress representative election system of China is direct election. According to regulations of Election Law, quota of basic NPC representatives shall be divided into different electoral districts and people in each electoral district will elect the basic NPC representatives. Constituency districting is the basic link of this system and whether it is lawful and reasonable or not will has important impact on the generation of power endowed by constitution. However, there have mainly been three problems in previous researches with constituency districting of basic NPC representative as main content: first, it overemphasizes theoretical study but is lack of sufficient empirical analysis in terms of research method;Second, it focuses on Chinese and western comparative study but is lack of localized analytic demonstration; third, it neglects the beneficial result from practical exploration in various regions of our country. Therefore, the paper overcomes the dead zone of previous studies and is based on typical case of constituency districting of basic NPC election in our country, and historical and empirical analysis methods are applied and beneficial conclusion of local practice is learned from to find practical problems and propose prioritization scheme that accords with our national conditions.Firstly, starting from historical development, historical research method is applied by author to meticulously summarize and conclude from legal documents issued by early regime led by CCP in 1931 to functioning election law 2015 modified for six times; according to chronological order, historical contest of basic NPC representative election system of China is arranged and standard of constituency districting is evaluated. Meanwhile, combined with external presentation of constituency districting practice, empirical research method is applied and organizational form of electoral committee is analyzed; by comparing relevant local laws and regulations made by basic NPC representatives of different areas, principle of constituency districting and difference characteristics of districting standard are explored and discussed In the paper, the author depends on evidence, principle and standard of constituency division to interpret subjective and objective factors that have impact on constituency division. In terms of research perspective, drawbacks of constituency districting system are shown from four aspects of subject, object, process and relief under the guidance of constituency districting standard of Chinese basic NPC representative election in the view of law hermeneutics and internationalization. Subjective limitation includes temporality of electoral committee; non-litigating nature of electoral committee caused by subject disqualification. Objective limitation covers lack of necessary supervision on constituency districting; complex standard of constituency districting cannot adapt to current situation; different sizes of divided constituency damage the democratic rights of voters. At the same time, process of constituency districting is required to perfect, mainly including deficiency of reserved quota; vague population proportion regulation; ambiguous critical time. Finally, author briefly analyzes the defect that lack of relief approach. Above mentioned reasons damage the democracy of Chinese basic NPC election system to some extent. Through theoretical and practical analysis, six optimization schemes are proposed to overcome drawbacks in constituency districting: initially, electoral committee should be completed to make decision transparent and resolution should be involved into judicial review; then, it should make population of representatives in electoral districts equal in general and operable and should enhance benchmark study; popularize small electoral district system; apply constituency districting standard in residence; strengthen the value of due procedure of constituency districting and information disclosure and fulfill inform procedure; improve election and litigation system and incorporate more electoral offences into judicial procedure.