我国直接选举制度若干问题的讨论

我国《选举法》关于在直接选举中“选区全体选民的过半数参加投票,选举有效”的规定,在市场经济条件下遇到了挑战。为保证选区全体选民的过半数参加投票而规定的召开选举大会、委托投票、代写选票等程序安排也与选举自由、秘密投票、一人一票原则相背。笔者主张,在直接选举中,选举只有合法非法之分,没有以参加投票选民是否过选区全体选民的半数来定有效无效之别,采用相对多数制,废除委托投票,缩小代写选票选民的范围等来完善我国的直接选举制度。

A Discussion on Some Issues about China's Direct Election System

China's Election Law rules that only when more than half of the voters cast their votes, the election is valid. However, it faces challenges in the market economy. In order to ensure that more than half of the voters cast their votes, they usually hold an election meeting, or vote by proxy, or ask other people to vote for them. However, that is not in line with principles of election freedom, confidential voting, and one person one vote. The author advocates that there only exists the difference between legal and illegal election, but no difference between valid or void election. We can implement the system of relative majority, abolish the system of voting by proxy, and minimize the scope of acting voters to perfect the system of direct voting.