一人一票原则在我国的适用
屠振宇一人一票原则在我国的适用
Implementation of the “One Person One Vote” Principle in China
期刊名称：《法学研究》
期刊年份：
作者：屠振宇
单位：南京师范大学法学院
中文关键词：一人一票;选区划分;选举权;选举法
英文关键词：one person one vote;division of electoral districts;right to vote;election law
中文摘要：
“一人一票”是我国选举法明文规定的一项原则, 尽管确立已久, 但是实施状况欠佳。为推动这一原则在我国的适用, 必须在选区划分中建立起一套明确具体的适用规则:一是要做到“一人”, 尽快取消按单位划分选区的做法, 实行一律以总人口数作为选区人口基数;二是要做到“一票”, 明确“大体相等”的规定所许可的偏差值, 最低限度应保证各选区每一代表所代表的人口数不得超过其他选区两倍。这些由“一人一票”原则所确立的适用规则, 是防范选区划分中恣意和歧视的有效途径, 体现了国家对公民选举权的尊重, 理应在我国县乡人大选区划分工作中得到认真对待。
英文摘要：
The establishment of “one person one vote” principle in China can be traced back to Shan-Gan-Ning Border Area during the Anti-Japanese War period, and was provided for in the first Election Law of the People's Republic of China in 1953. But this principle has not worked very well in direct election of deputies to the people's congresses at the county and township level since its implementation. Multiple factors have contributed to this situation, including institutional, economic and social barriers. After the reform of Election Law in 2010, election of deputies to the people's congresses in urban and rural areas is based on the same population ratio and the “one person one vote” principle has regained wide attention. To promote the implementation of this principle and realize equal representation in China, a set of clear and specific rules on the division of constituency should be established. Firstly, the system of unit constituency should be abolished as soon as possible and “population” should be defined clearly as total population, so as to ensure that each person has only one vote. Secondly, an enforceable offset value should be set according to the “roughly equal” provision, so as make sure that the population represented by each deputy in one electoral district will not exceed twice the population represented by each deputy in another electoral district. Implementing these specific rules derived from “one person one vote” principle will be an effective way to prevent arbitrary division of electoral districts and gerrymandering and to embody the state's respect for citizen's right to vote, and therefore should be taken seriously in the division of electoral districts in the election of people's congresses at the county and township levels.
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