论人大代表选举的合意性质 |
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作者单位: | 中国社会科学院政治学研究所 |
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摘 要: | "合意"理论可用于解释人大代表选举的实质。人大代表选举实质上必须是选民与候选人双方围绕人大代表的选举条件达成合意的过程,合意结果为宪事合同。代议机关选举体现了合意趋势,而缺乏合意性是人大代表选举程序的一个缺陷。建议增强人大代表的合意性。
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关 键 词: | 合意 宪事合同 选举当事人 |
On the Nature of Consensus in Idem in People's Deputy Elections |
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Authors: | JIANG Jin-song |
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Abstract: | Theory of Consensus in Idem may serve to account for the essence of people's deputy elections.Such elections must be by nature a process in which voters and candidates come to terms on election conditions.The outcome of the Consensus constructs constitutional contract.The elections of representative institutions have manifested a trend of consensus in idem,whereas lack of such consensus is a lacuna in people's deputy election procedure.It is therefore advised to reinforce consensus in people's deputy elections. |
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Keywords: | consensus in idem constitutional contract election parties |
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