Research On Bribery In The Election Of NPC Deputies

The people's congress system is the fundamental political system of our country and an important embodiment of our people being masters of the country.At present,bribery cases have appeared in people's congresses at different levels in China,among which liaoning has the largest scale,the highest level and the worst influence.This presents a different picture of chaos: voters selling their votes in exchange for illegal benefits;Most of the candidates are entrepreneurs,who use capital to obtain representative positions and titles.Election conference staff accepted gift money,matchmaking for bribery vote;Local party committee leaders are indifferent or even complicit,and the electoral system has been seriously damaged.Bribery has caused a lot of bad effects,should be paid attention to.Buying votes seriously undermines the leadership of the party,undermines the legitimacy of the people's congress in governing the country,undermines the authority of the constitution and laws,and so on.When the bribery election cases broke out,the bribery election is not just a case of breaking the law,but a social phenomenon.It is essential to dig into the nature of social phenomena.The reasons for election buying are complex,including social culture,voter mentality,politics,market economy and current election laws.From the above perspectives,this paper sorts out the factors that lead to vote buying and the social problems behind it,tries to view vote buying objectively and professionally,draws lessons from past cases of vote buying and discusses the possibility of preventing and curbing vote buying in the future and improving the democratic legal system.At present,there is not much research on election bribery,and there is no law specifically targeting election bribery.Instead,it is a kind of behavior mode of "damaging election crime",which is stipulated in the criminal law.This has led to problems in judicial practice,such as the definition of vote buying,unclear quantification of the plot,criminal competition and cooperation,etc.,and the punishment of the crime of damaging the election is light,which is not consistent with the degree of social harm caused by vote buying.However,there are still controversies about the connotation of bribery in China in the current academic theories.The premise of formulating complete and targeted legal provisions is to accurately grasp the object,nature,characteristics and consequences of bribery.Based on the basic theory of representative system,foreign electoral system and China's national conditions,this paper analyzes the purpose and essence of the election,and concludes that the legal interest violated by bribery is the universality of the interests of the people's representatives.In view of this particularity,this paper proposes several elements of "bribery crime",so as to clarify the scope of "bribery crime".This paper is divided into four chapters to explore the causes,consequences and nature of the vote-buying phenomenon.The first chapter enumerates several influential bribery election cases,introduces the process of the case,summarizes the main characteristics of the case and the negative impact,proves that it is necessary to study and prevent bribery election.Chapter two analyzes the reasons of vote buying.Fraud is not caused by single factor,but all aspects of society caused by superposition of multiple factors comprehensive,including some of the local party committee leadership,rules of market economy was mistakenly used to election,alienation and business relationship,voters in the field of main body consciousness is not play,candidates for deputies on behalf of the interests of the broad enough,and so on.The third chapter puts forward the main problems caused by the conflictbetween practice,legislation and theory,and puts forward that the effective understanding of vote buying should have a new theoretical perspective,and the harm of vote buying should be re-viewed in combination with representative system theory and election theory,so as to clearly define the scope and constitutive elements of vote buying that should be subject to legal sanctions.The fourth chapter mainly puts forward some Suggestions to prevent election bribery and improve the democratic system,including strengthening the party's leadership and improving several election legal system.