被选举权的性质研究

On the Character of the Right to be Elected

公民享有选举权与被选举权,这已为世界各国及联合国人权公约所承认与保障,但关于公民的被选举权的性质则较少有讨论。从历史发展与权利的权能分析来看,被选举权的性质有别于参政权的其他权利,如选举权及担任公职权。这样的区分对于明晰概念及构建公民权利的制度保障,都具有重要的意义。

Citizens' having the voting right and the right to be elected is conformed by most of the states all over the world and by the UN's conventions as well. But there are few studies on the character of the right to be elected. Analysis on its origin and its power and functions shows that, the right to be elected is different from the other political rights, such as the voting right and the right of taking governmental positions. Understanding the characters of these concepts and distinguish their differences is very important in building up the human rights guarantee system.