推进我国选举制度建设的几点思考

摘要

The construction of electoral system is directly related to the realization of the CPC’s leadership and ruling status, the development and improvement of the system of people’s congress, the realization of people’s rights to be the masters of their own affairs in their own country, as well as the implementation of the Strategy of Rule of Law. The main problems of the current electoral system in China are that the institutional regulation is too decentralized, that the direct election is becoming excessively frequent and of very limited scope, that the competition in election is inadequate, that the will of the nominee is disrespected, that the introduction of the candidate still has defects, that the system of the division of electoral districts is unscientific, that the elec⁃toral procedures are not rigorous enough, that the electoral system has conflicts with representative system, that the requirement of the structural proportion of representatives also has conflicts with regional electoral system, and that relief and arbitration sys⁃tem are imperfect. The construction of electoral system should require top-level design and taking all things into consideration, re⁃gard maintaining the people’s principal position in their own country and improving the level of people being the masters of their own affairs in their own country continuously, and take the path of legalization. The problems of current legal system should be solved by reforming and improving the legislation for election on the one hand, while the practical exploration and institutional in⁃novation should also be carried out consciously in order to respond to requests for the construction of electoral system with the im⁃provement of the citizens’consciousness of democracy and nomocracy.%选举制度建设直接关系到党的领导和执政地位的实现，关系到人民代表大会制度的发展和完善，人民当家作主权利的实现，关系到依法治国方略的贯彻实施。我国现行选举制度存在的主要问题是，制度规定过于分散，直接选举过于频繁且范围过窄，竞争不够充分，不尊重被提名人意愿，候选人介绍存在缺陷，选区划分制度不科学，选举程序不够严密，选举制度与代表制度存在冲突，代表结构比例要求与区域选举制存在冲突，救济和裁判制度不健全。选举制度建设需要顶层设计，通盘考虑，要以坚持人民主体地位、不断提高人民当家作主水平为价值导向，走法制化道路。一方面要通过改革和完善选举立法，解决现行法律制度中存在的问题，另一方面又要有意识地进行实践探索和制度创新，回应公民民主法制意识的提高对选举制度建设的要求。