On Improving Procedure of the Electoral System in China
Name: Wei Dong-ni Student ID：S07322
Research paper supervisor:Dr.Seku Conde
Minzu University of China
2007-2008 Academic Year
Abstract: With more and more citizens realizing the importance of democracy, the exercising of the election right is more highlighted. How about the current electoral system in China? Are there any issues can we realize? What should be the direction of reform? The paper focuses on the procedure of election in China of the following aspects: the establishment of the electing organization, the nominating of the candidates, the registering of the voters, and so on. By analyzing some important aspects, the paper tries to give some suggestions on how to perfect the system of election.
Key words: electoral system; electoral procedure; direct election
ⅠIntroduction
Democratic election in democratic system of China is an important part in the process of modernization. The right to vote is the supreme power that every citizen can manage States of their own. In fact, every person has close connection with the election. Because it is not only a political act, but also embodies the large number of people's immediate economic interests.
China's democracy is a hot topic among many well educated Chinese people, they are all become more and more interested in the China’s electoral system year by year, and many of them want to know that whether they live in a democratic country really. Statistics show that 66.72% of voters deem it necessary to reform the current electoral system.[1]
Generally speaking, many Chinese people especially those with high educational background believe that prosperity does lead to democracy, and now we are moving towards it, but personally I was a little bit doubtful of it. In despite of my worry, I do believe democracy means social justice, personal freedom, freedom of speech, freedom of press and most importantly the right of election and free election are the essential elements to real democracy. Actually the paper focuses on the electoral procedure in China, and discusses something about the goal of perfecting the electoral system.
ⅡThe Electoral Procedures in China
By Chinese law, the congress has five levels, national level, provincial level, municipal level, county level (district in urban area) and the township level (only in rural area). In the People’s Republic of China, election in a broad sense includes two aspects: one is the election of deputies to People’s congresses at various levels; the other is the election of leading members of State organs at various levels. Election in a narrow sense refers to the election of deputies to people’s congresses at various levels. Because leading members of State organs of the People’s Republic of China at various levels are elected by people’s congresses at the corresponding levels, the paper will mainly explain the procedures of the election in its first aspect.
The new electoral law of China enacted in 1979, expanding the direct election to the county level.[2] Here I present an example of direct election of deputies to the people’s congress at the county level, which exemplifies in detail the electoral procedures of the People’s Republic of China.
1.1 Setting up electoral organs
It is provided in Chinese law that the election of deputies to the National People’s Congress or to the people’s congress of a province, autonomous region, municipality directly under the Central Government, or autonomous prefecture shall be presided by the standing committee of the people’s congress at the corresponding level. The election of deputies to the people’s congress at the county or township level shall fall in the charge of a special election committee which is duly set up. The election committee is a temporary organ that organizes and handles electoral affairs concerning the election of deputies to the people’s congress at the corresponding level.
The election committee mainly performs the following functions: taking charge of the election of deputies to the people’s congress at the corresponding level; registering voters, examining the qualification of voters, publicizing the roll of voters, accepting appeals against the roll of voters and making decisions; zoning electoral districts; determining and publicizing the roll of formal candidates for deputies; specifying the date of election; confirming the validity of the election results, and publicizing the roll of elected deputies.
2.2 Zoning electoral districts
An electoral district is a population-based area assigned for direct election of deputies to the people’s congress. The zoning of electoral districts is now decided on the basis of work units or according to the voters’ residence. Pursuant to the Electoral Law, the zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district. The number of people represented by each deputy shall be generally the same.
2.3 Registering voters
Every electoral law of China from 1953 to 1979 provides that, all citizens who have reached the age of 18 in the People’s Republic of China shall have the right to vote to stand for election, and have the right to be registered as voters, no matter their nationality, gender, profession, familial birth, faith, education, property, and living time limit.[3] The registration of voters shall be conducted on the basis of electoral districts, and the roll of voters shall be made public 20 days prior to the date of election. The voters’ qualification confirmed through registration shall have long-term validity. Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall make a decision on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the people’s court at least five days prior to the date of election, and the people’s court shall make a judgment before the date of election. The judgment of the people’s court shall be final.
2.4 Nominating and determining candidates for deputies
The Electoral Law provides that candidates for deputies shall be nominated on the basis of electoral districts. Political parties and people’s organizations may either jointly or separately recommend candidates for deputies. A joint group of at least ten voters may also recommend candidates. Competitive election is practiced in the election of deputies to the people’s congress, thus the number of candidates for deputies nominated must be greater than the number of deputies to be elected by a given electoral district; the number of candidates for deputies shall be one from one third to 100 percent greater than the number of deputies to be elected. The election committee shall collect and publish the list of nominees for deputies 15 days prior to the date of election. All voter groups in the respective electoral districts shall then conduct repeated deliberation, discussion and consultation. The election committee shall decide, in accordance with the opinions of the majority of the voters, upon a formal list of candidates to be made public five days prior to the date of election.
2.5 Briefing on the candidates
The election committee shall brief voters on the candidates for deputies. Political parties, people’s organizations, and voters that have nominated candidates for deputies may brief voters on those candidates at group meetings of voters. However, such briefings must stop on the day of election.
2.6 Organizing balloting and determining the elected people
The organization of balloting mainly takes two forms: setting up polling stations in each electoral district, or holding election meetings. Based on the principle of secret balloting, all votes shall be cast by secret ballots. A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain. Moreover, with the approval of the election committee and by written authorization, a voter may entrust another voter with a proxy vote, but a voter shall not stand proxy for more than three persons.
Deputies are elected according to the principle of “election being valid by two over-halves”, which means the election shall be valid if more than half of all the registered voters cast their votes; and candidates for deputies shall be elected if they have obtained more than half of the votes cast by the voters that take part in the election. The election committee shall determine, in accordance with law, whether or not the result of an election is valid and shall announce it accordingly.
ⅢThe Problems of The Procedure
As known to all, the theoretical groundwork of Chinese election is deep-rooted in the Marxist-Leninist theory on democratic election. This theory is usually generalized in the following four principles, namely, universality, equality, directness and secret ballot. In China, the electoral systems’ democratization and the goal of current reform are to be measured and examined in accordance with the four principles respectively.
3.1 Universality of the electoral procedure
As a matter of fact, which kind of electoral system to be chosen is a question in the beginning of the new China for the situation is rather especial. In that period, China’s economy was relatively underdeveloped, many people had not literacy, and the whole consciousness level is not high enough. Therefore, there were many difficulties carrying through universal and direct elections in such a big country.
Unlike Western countries, new China won the universal electoral procedure through quite [...]
). If you have the permission, you can login now.