由西方“独立”与“委托”之争谈中国人大代表的逻辑

On the Logic of Representative from the Dispute between Independence and Entrustment

"独立"与"委托"之争核心是处理选民与代表的关系。这一争论既是代表概念本身矛盾的体现,也证明了选举这一民主制度的缺陷。本文认为,在当代中国定位和处理选民与代表的关系,应该超越"独立"与"委托"之争,从"谁是代表"、"代表谁"、"代表什么"、"如何代表"思考中国人大代表的逻辑,落脚点是代表产生之后,代表谁的利益,是否实现了公众的最佳利益,以及如何实现。

The dispute between independence and entrustment is a difficult problem,and the core is how to locate and deal with the relationship between voters and representatives. The dispute is not only the embodiment of the concept itself,but also the defects of the electoral system. The view of this paper is that the key of the question is to think about who is the representative,represents whom,represents what and how to represent,which is the core logic of the representative theory. And the end result is whether and how to representative the best interests of the public.