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On citizenship and the right to vote
Author: ChengWei
Tutor: CaiDingJian
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Citizenship The right to vote Foreigner Resident status
CLC: D921.2
Type: Master's thesis
Year: 2008
Downloads: 189
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Abstract
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This article discusses two aspects of form and content of citizenship and the right to vote. On this basis, mainly to solve two problems: First, of certain restrictions on the right to vote were analyzed in order to oppose the elimination of discrimination to ensure equal implementation of the right to vote; Secondly, the resident status to a certain extent, and citizenship combination of analysis, as this new right to vote the main body of the standard theory of citizenship should be a new development, but our current need to deal with foreigners the right to vote of the reality. In form, the article description of citizenship and the right to vote from the following three aspects: First, citizenship as a necessary condition to enjoy the right to vote. Since the democratic politics, although the standard of citizenship evolving, but always as citizens enjoy the basic qualifications of the suffrage, the state generally gives citizens the right to vote, excluding slaves, foreigners, etc.. Second, citizenship as the right to vote the necessary but not sufficient condition. On the basis of citizenship, still there are a lot of restriction and deprivation of the right to vote, such as age, rural-urban disparities and deprivation of political rights. Some of the restrictions is based on the requirements of the nature of the right to vote itself is reasonable, while others are unreasonable, the need to eliminate discrimination. Third, the subject has the right to vote, pluralism, citizenship is no longer the right to vote of a single eligibility criteria. With the expansion and deepening of globalization, as well as the international protection of human rights to strengthen the resident status to a certain extent as the main criteria for the right to vote, and citizenship combining to constitute the the suffrage main binary standard. In the content, and citizenship and the right to vote is also closely related: the citizenship of the pursuit of universal individual freedom and the idea of ??equality is also the the suffrage main criteria to determine the important theoretical basis for guiding universal suffrage, the achievement of equality; In practice, the universal right to vote , equality and encounter a variety of direct or indirect discrimination, such as differences between urban and rural areas, professional restrictions, as well as the capacity identified, as opposed to the elimination of discrimination, protection of universal suffrage, equality, and full realization of the need to use the concept of citizenship guidance problems. On the other hand the emergence of new issues for the further development of the theory of citizenship to provide opportunities and motivation - to break the single standard of citizenship restrictions, pay more attention to the protection of the rights of aliens. The restriction of our right to vote and deprivation, articles from the right to vote enjoyed the exercise and deprivation on several levels to analyze what kind of restrictions are justified and necessary, does not violate the right to vote the principle of equality, what is the criterion of restriction? Our right to vote the main universal and extensive, but that does not ignore the right to vote of the nature of the requirements to vote subject to certain qualifications, and our practice sentenced to the lack of off specific qualifications are reasonable operating standards, you can refer to the United States, \. In China since reform and opening up the process of internationalization: the Hong Kong Special Administrative Region and Macao Special Administrative Region of the provisions of the eligibility criteria for resident status as the enjoyment of the right to vote to the SAR; some higher degree of internationalization of the urban communities of more foreign residents, and then the election of the residents' committee, appeared in the case of foreigners elected to the residents of the Commission; With more and more countries to give foreign residents local suffrage, foreigners in China to protect its economic interests of the community, better integration into the social or \three aspects of the transaction management of elections to conduct a comprehensive understanding of Finally, combined with China's actual situation on the on the main criteria of our right to vote, the following understanding: foreigners do not enjoy the right to vote in local elections for the local elections in the Mainland, should adhere to the principle of citizenship standards, but taking into account China will eventually achieve complete direct election, so the place of foreigners the right to vote or worthy of further consideration: can learn from the Hong Kong Special Administrative Region and Macao Special Administrative Region of the circumstances, the right to vote as a standard system to resident status; course, in the present historical stage, we must also adhere to the national right to vote the main citizenship standards; should actively expand the social and public affairs management to vote the main criteria to resident status, in order to better play the grass-roots mass self-organization functions, such as grass-roots mass self-organization of foreign residents, regardless of nationality, to recognize its right to vote in the autonomous organizations.
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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution > Electoral law
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