论公民选举权与被选举权的平等保护——以2010年选举法修改为视角

A Study on the Equal Protection of the Right to Vote and the Right to be Elected——on the Perspective of the Amendment of Chinese Election Law in 2010

2010年修改后的《选举法》确立了"城乡按相同人口比例选举人大代表"的原则,但是由于选民登记规定的滞后、选取划分等因素的制约,导致在实践中城乡人大代表同比例选举这一目标的实现仍存在障碍。分析了当前选举领域的歧视现象,提出了选举权和被选举权平等保护完善的设想。

After the amendment of the election law in 2010,the principle of electing the Deputies according to the same amount of population between the urban and rural areas was created.The amendment was a significant improvement in our electoral system.However since the limitation of household registration system and the lack of the interrelated systems,this principle meets obstacles in practice.According to those obstacles,we might choose the residence as the solitary standard to measure the constituency,in the meantime,we can choose the electoral system in different places to ensure the electoral right of floating population.