Representative Institution’s Public Voting And Secret Voting Research

With the development of the society, the continuous expansion of state, direct democracy relies for existence condition no longer exists. The realization of the representative system, as a kind of indirect democracy form arises at the historic moment. Representative is the best way to achieve democracy at the moment. And the core of the representative system is the representative institution; representative institution’s well operation makes representative functions play. If there is no representative institution, representative system loses its value and significance.Representative institution’s operation must accept the external and internal supervision. The external supervision is people’s supervision which is determined by the power representative institution comes from the people. The main content of Representative institution’s operation is discussion and vote. Voting is the key process of representative institution to make the final decision. Based on whether to be publicly known, voting is divided into public voting and secret voting. The current voting method besides the secret ballot and bearer electronic voter belong to the category of public voting, common public vote are cheering vote, clapping a vote, a voice vote, rising vote, grouped or classified lined up a vote, no objection votes,throwing the ball or marked vote, a vote, a roll-call vote(roll call votes), secret ballot,a registered voter vote, etc.Based on the theory of modern democracy, one of the two cornerstones of representative system is publicly voting. It needs senator or representative to vote publicly. One of the reasons is representatives and senators voted on behalf of people more than themselves. Public voting is the principle of representative institution2 operation. Public voting complies with the requirements of the modern democratic and public voting guarantee the effective supervision of people on the basis of fully understands the representative institution. But public voting has unavoidable disadvantages that are under the public condition, the voter will have inner fear and this may influenced their voting. Ensure public voting can reflect senator or representative’s real opinion must to meet two requirements. One is the power of the representative really comes from the people; the other is protecting representative rights through various channels. Secret voting also has certain rationality of its existence, namely it can in maximum security representative institution members freedom of voting. It can help representative to overcome irrelevant factors. At the same time, secret voting also can guarantee the rights and interests of representative to be inviolable. Similarly, secret voting only announce the final result, Regardless of the citizens’ supervision.Have the whole world in view, France is the first state to parliamentary public principle established by law in a vote as the primary vote way. Britain regard vote as a formal way of public voting, Germany by taking a more detailed categorization and registered to vote, the United States as a democratic institutions in western countries is relatively perfect country, but its large number of voting always stick to the norm of voter registered to vote. Foreign representative institution regard public voting for principle and secret voting as an exception. In Hong Kong SAR,Macao SAR and Taiwan regions of our country, the Hong Kong special administrative region is given priority to with a roll call vote, the Macao special administrative region is biased towards the public vote and the situation when both members vote will be recorded and posted on the website for voters to consult and supervision. Taiwan region also is given priority to with public voting, and for personnel issues will also be voted publicly.Since the founding of The People’s Republic of China, the voting method of China’s National People’s Congress and its standing committee have three phases,phase one is a public voting and secret voting Exist side by side, in this phase is clapping vote, voting by a show of hands and secret voting; phase two is single clapping vote; phase three is voting recovery period, and electronic voting machine appeared and widely used. Now “Organic Law of the National People’s Congress of the People’s Republic of China”, " Rules of Procedure for the National People’s Congress of the People’s Republic of China " “Rules of Procedure of the Standing Committee of the National People’s Congress of the People’sRepublic of China ”. Three of herein are inclined to secret voting. Although some of them stipulates voting by raising hands, but as the National People’s Congress to vote a bill used in recent years are electronic voting machine and local gradually implement use, China’s National People’s Congress and its standing committee’s voting is given priority to secret voting. Place National People’s Congress and its standing committee’s vote also a given priority to voting, but all have different practices, there are different for different measure on ways to use, there are place fully use secret voting. The voting method is a secret vote as the main in our country. I think there are several reasons why secret voting becomes main voting method. One is the democratic consciousness enhancement on behalf of the desire to express their opposition, secret vote to cater to their needs; secondly is shao-min Chen case’s influence and reflection; thirdly is the representative responsible for the voters of responsibility is not clear.At present, secret voting is still necessary in our country. Affected by Chinese traditional culture of democracy and the rule of law consciousness is weak, under the current institutional framework many representatives themselves are national officer.the present of full-time representatives is low. These reasons make secret voting is still essential.But now secret vote is not only suitable for Staffing, but most matters are noted on matters. This is not conducive to the voters and the people’s supervision, as well as enhances representatives’ sense of responsibility.There are dead zone in Knowledge and practice in our country that only secret voting can guarantee the realization of democracy. As long as representative or committee can make decision freely, this way is progressive. Scholars are also proposed to abolish a public voting. The cause of this is that we didn’t recognize the difference voters to vote and representative voting. Voters vote only individual behavior, use secret voting method can ensure the freedom to exercise their democratic rights, and is represented by the democratically elected, under the people’s congress system, represents the exercise of power should be supervised, when voting for public is truly meet the requirements of the representative of the inner. We need to correct view of the public vote, should not blindly negative, in fact, the public vote is really can do it all power belongs to the people. To the appropriate reform of the our country the current voting method, mainly from the following three aspects, firstly,certain public vote in the legislative way, restore public vote due status; Secondly,directly elected National People’s Congress and its standing committee for publicvoting, enhance the sense of responsibility of representative; Thirdly, gradually expand the direct election public voting accept supervision.