城乡选举权平等制度实施之探讨

On the Implementation of Equal Voting Right in the City and Countryside

第十一届全国人大三次会议对《全国人民代表大会和地方各级人民代表大会选举法》进行了修改,取消了之前的"四分之一"条款,规定城乡按相同人口比例选举人大代表,但是,这远远不是选举权平等的实现。此外,在城乡分别选举的情况下,无论是选区划分和代表名额的计算与分配,还是选举主持机构的职能安排,现行法律法规都没有作出明确、合理的设计,而程序上的缺失必然会减损选举权的平等价值。选举法需要更为精细化的制度设计。

During the Third Session of the Eleventh NPC, the latest amendment to the Election Law was passed which revoked the so-called ＂one quarter clause＂ and provided that delegates from all levels of Congress would be elected by the same ratio in rural and urban constituencies. However, the newly amended Election Law is far from realizing equal voting rights and an election system of suffrage. Besides, as to the districting, allocation of representation, voting procedure and the authority in charge of the election, there are many blanks to be filled in the Election Law. A refined and more delicate election institution is desirable given the orientation of an equal election system.