透过新闻看我国选举制度的理论与实践

Review on the Chinese voting system in both theory and practice from the standpoint of news

选举权之权态不仅仅是"投票选举"(此仅为投票权),还包括投票必需之知情、获得允诺等权态,以及作为保障与救济之需的对选任对象的任职考核、罢免等权态;被选举权之权态也不仅仅是"被选举为"(此仅为当选权),尚包括作为当选前提之参选、竞选、候选等权态,以及当选之后的任职、辞职等权态。选举活动被当成组织的人事安排活动,存在极大的道德风险,同时也使国家面临政治民主虚化的风险。

The structure of voting right is not equal to 'voting and selection' (this kind of right means the right of voting itself). It also includes information rights and the right of obtaining commitment which are necessary to vote. Meanwhile, this right is concerned with the right for position examination and the move for dismiss from position in regard to the voted person as a makeshift of security and rescuing. The right to be voted is not merely defined as the right of being voted a certain position (this kind of right means the selected right). It also includes the forms of participation in vote, competition in vote, candidacy in vote as the necessary requirements for the selected status among others, and access to position or resigning of the position after being selected. If the voting activities are taken as personnel arrangement in an organizational way, an extremely serious risk in morals will be faced. At the same time, there will appear a risk of empty democracy for the state as a whole.