Research On The US Presidential Election System

It is well known that democracy is the core in the constitutional system,and modern democracy is often based on the American presidential election democracy.However,in recent years,there are many disadvantages of American election democracy emerging frequently,these political problems even have caused the massive social crisis.The American mainstream jurist Lawrence Friedman has asserted in his new book named “ The history of American Law in 20 th Century ”,that the modern rule of law originated from Roosevelt's New Deal.The views of Lawrence Friedman have sparked lots of heated discussions in the field of law and politics which makes the origin and destination of American democracy more and more concerned,because it will be recognised that the modern American democracy also started from the New Deal.Moreover,to research American electoral system can not only provide an effective point of penetration for us to explore the spirit of democracy,but also furnish lots of vital historical reference for our development of Chinese socialist deliberative democracy system.This research will be beneficial to understand the essential differences between election democracy and deliberative democracy in depth,and also helpful to get rid of the overestimate to foreign system and combine with our Chinese experience and reality to shape the scientific concept of democracy and reform.Throughout the history of democracy,thousands of individual practice is the fundamental promotions to the pursuit of democratic values.This thesis aims to explore the differences between the electoral democracy based on the separation of the three powers and the deliberative democracy in our country,taking the presidential election system as an example,it is also aimed to get more rational cognition from the American legal system and the practice of Chinese democratic election,to clear the real significance of democracy in legal and social aspects.The main part of this thesis(including the introduction)is divided into five parts.The introduction gives a brief overview of thesis purport,article writing thought and writing methods.The first part,the second part and the third part,are focusing to explore the American electoral system changes,development trends,system foundation mainly from the restrictions of voting rights,the electoral system,the development and change of campaign donations.The forth part analyzes the reference significance in American electoral system and reflects our practise of the representative election,makes the fundamental advantage of our democracy clear,such as the safeguard of people's subjective status,the protection of personal right to vote,the ensurance of equal representation.In research methods,the primary explanation methods of this thesis is legal hermeneutic,such as the interpretation of specific concepts,in order to have a clear and logical statement;it is also adopting the comparative study methods,and making a comparison between the pros and cons of specific dispute and phenomenon,in order to avoid biased and ensure it more detailed;adopting the historical research methods to research the generation and development of the specific election system in the evolution,in order to get more objective cognitions in the development of the system.In the American presidential electoral system,the thesis consults a lot of election laws,such as the Federal Constitution and many states' constitutions including lots of different aspects of the legislative and judicial developments,such as voting qualification,protection of the voting rights,the redistricting rules,restrictions of election financing,the convenient measures for the public to participate in the election.