1936年国民大会代表选举权问题探析

An Analysis on the Right to Vote of the National Assembly in 1936

1936年5月颁布的《国民大会代表选举法》取消了对选民在性别、财产和教育水平等方面的限制,体现了选举权形式上的平等。但国民党却在法律技术层面设法进行拦截:通过规定公民宣誓、指定代表和规定当然代表等方式,将中共等党派排斥在外,使选举权的平等与自由原则大打折扣,引起社会各界强烈不满和积极声讨。在各方的质疑之下,国民党虽然对选举法进行了有限修正,力求借助合法性名义维护党治,表明其政治思维难以适应国内民主政治建设的需要。

Representatives of the National Assembly Election Law that was promulgated in May 1936 cancelled on voters in the gender, education level and property restrictions, and embodied the equality in the form of the voting rights. But the Kuomintang tried to intercept in the level of legal technology, through the provisions of the oath of citizenship, the designated representative and representative of such provisions, excluded from the Communist Party of China and other parties, reduced the equality and freedom principle of the voting rights, aroused strong dissatisfaction and positive sound. Under the question of the parties, although the Kuomintang carried on the finite correction to electoral law, but maintained the party＇ s governance by means of legitimacy, so its political thought was difficult to meet the needs of the domestic democratic political construction.