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The author:(作者)delvpublished in(发表于) 2013/12/30 5:43:22 Faculty of law， national people’s Congress to talk with Hengyang undermine the elections case
Hengyang in Hunan province during the first meeting of the 14th session of the national people's Congress, there have been serious bribery cases of unlawful means to disrupt the elections. The case is a flagrant challenge to China's national people's Congress, influence is extremely bad. In recent years, China's people's Congress system and constantly improve the quality of the relevant circumstances, as well as in the case of harm, 29th, newspaper in an exclusive interview with Xinhua, Renmin University of China Law School Dean, President of the Chinese Association of constitutional law Han Dayuan.
Reporter: could you talk about the situation in recent years, China's people's Congress system and constantly improve the quality of.
Han Dayuan: the people's Congress system is the fundamental political system of China, is an important sign of Socialist Democratic politics with Chinese characteristics, suited to China's national conditions and practice, in practice, is playing an increasingly important role. In recent years, in promoting Socialist democracy and rule of law in the process, people's Congress improve democratic institutions, enrich the forms of democracy, expand orderly participation in politics, forming and perfecting the law system of the public have made positive progress. In particular, after the amendment to the electoral law, further expanding the democratic basis of the people's Congress system, embodies democracy and openness of the people's congresses.
Reporter: Hengyang, Hunan to disrupt the electoral nature of the case is very serious, you think, what is it harmful?
Han Dayuan: the persons involved in this case, involved large sums of money, very bad character, is a serious violations of law and discipline cases. Hazard is on the case: first, undermined the fairness and impartiality of the election, is the harm to the principles of democracy. Because democratic principles requires that the fairness of the elections, requires elected representatives must have the majority support, and bribery lead would have been unable to get a majority of votes were elected. Second, depriving the delegate election of legality and propriety. Deputies are elected on the basis of the free will of the electorate, granted to representatives of public authority from the people, and that a fair election is the Foundation of authority, only just elected representatives have legitimacy and authority, has a broad social base. To means of bribery to obtain credentials, obstruction of electors exercised their right to vote freely so that they violate free will vote, actually leading to elected representatives do not have the popular support to be a mouthpiece for the interests and will of the people, elected lost its legitimacy and the legitimacy of the representatives. Thirdly, the blatant violation of a citizen's right to vote and to stand for election, is the destruction of the Socialist concept of the rule of law. In building the rule of law today, this bad behaviour has undermined the State's authority and tarnish the image of the party and the Government, must be seriously held accountable by law.
Reporter: could you talk about how to ensure that the electoral law from a constitutional perspective on in order to ensure that the election wind lifts spirits?
Han Dayuan: the right to vote and to be elected is the basic political rights of our citizens, is the basic form of voter participation in the State administration. To ensure a healthy and orderly, you first must implement the basic principles of universal, equal and secret ballot elections in order to guarantee democracy and the process of fairness of the electoral process. At the same time, to strictly follow the provisions of the basic principles of the Constitution and the electoral law, boundary maps, voter registration, especially on behalf of candidate nomination and should follow legal procedures, fully carry forward democracy, respect the electorate's will, exclude the phenomenon of money controlled elections, strengthen the supervision of the electoral process, reflecting the transparency and openness, firmly sanction all acts of destruction and fair elections. If left unchecked criminal behavior in the electoral process, will lead to the definitive damage to democracy and the rule of law, and is also a serious violation of citizens ' fundamental rights.
Reporter: do you think institutional safeguards deputies shall perform their duties?
Han Dayuan: is made up of representatives of the NPC, representatives returned by election. Deputies to the NPC should represent the will of the people and interests, in accordance with the terms of the Constitution and the law of the people's congresses at and participate in the exercise of State authority. Extent played the role of NPC deputies directly determines the function and authority of the people's Congress system. As deputies to perform their duties according to law. Representative of strictly in accordance with the rights and obligations under the law, actively exercise their rights and fulfill obligations, conscientiously accept oversight. In order to protect the deputies to perform their duties, the law on the performance of their duties on behalf of special protection, such as deputies of immunity, human right not to be subjected to unlawful arrest, such as subsidies, as well as a representative. At the same time, deputies to the NPC to exemplary compliance with the Constitution and the law, conscientiously abide by social morality, to serve the people.
(Original title: ensuring the electoral law in order)
湖南省衡阳市第十四届人民代表大会第一次会议期间，发生了严重的以贿赂手段破坏选举的违法违纪案件。这起案件是对我国人民代表大会制度的公然挑战，影响极其恶劣。就近年来我国人民代表大会制度不断健全完善的有关情况，以及此案带来的危害，29日，本报记者专访了中国人民大学法学院院长、中国宪法学研究会会长韩大元。
记者：请您谈谈近年来我国人民代表大会制度不断健全完善的情况。
韩大元：人民代表大会制度是我国的根本政治制度，是中国特色社会主义民主政治的重要体现，适合于中国国情和实际，在实践中正发挥着越来越重要的作用。近年来，在推进社会主义民主政治和依法治国的进程中，人民代表大会制度在健全民主制度、丰富民主形式、扩大公众有序政治参与、形成并完善法律体系等方面取得了积极进展。特别是经过修改选举法，进一步扩大了人民代表大会制度的民主基础，体现了人民代表大会制度的民主性与开放性。
记者：湖南衡阳破坏选举案性质十分严重，您认为，它有哪些危害性？
韩大元：这起案件涉案人员多，涉案金额大，性质十分恶劣，是一起严重的违法违纪案件。此案的危害性在于：其一，破坏了选举的公平与公正性，是对民主原则的损害。因为民主原则要求选举的公平性，要求选出的代表必须得到多数选民支持，而贿赂行为导致本来无法获得多数票的人当选。其二，使代表当选丧失合法性与正当性。人大代表是以选民的自由意志为基础选举产生的，代表的公权力来自于人民的授予，而公正的选举是权力授予的基础，只有公正选举产生的代表才具有合法性与权威性，才具有广泛的社会基础。以贿赂手段获取代表资格，妨害了选举人自由行使选举权，使他们违背自由意志投票选举，实际上导致选出的代表并不具备民意基础，无法成为人民利益和意志的代言人，使代表的当选丧失了合法性和正当性。其三，粗暴践踏了公民的选举权与被选举权，是对社会主义法治的破坏。在建设法治国家的今天，这种恶劣行为也损害了国家机关的权威性，败坏了党和政府形象，必须依法严肃追究。
记者：请您从宪法角度谈谈如何确保人大选举依法有序开展，确保选举风清气正？
韩大元：选举权和被选举权是我国公民的基本政治权利，是选民参与国家管理的基本形式。要保证选举健康有序开展，首先必须贯彻选举的普遍性、平等性与无记名投票等基本原则，以保证选举过程的民主与程序的公平。同时，须严格遵循宪法的基本原则和选举法的规定，从选区划分、选民登记，特别是代表候选人的提名和产生过程应遵循法定程序，充分发扬民主，尊重选民的意志，排除金钱控制选举的现象，加强对选举过程的监督，体现透明与公开，坚决制裁一切破坏公正选举的行为。如果放任选举过程中的违法犯罪行为，将导致对民主与法治权威性的损害，也是对公民基本权利的严重践踏。
记者：您认为如何从制度上保障人大代表依法履行职责？
韩大元：人大是由代表组成的，代表是由选举产生的。人大代表应该代表人民的意志与利益，依照宪法和法律赋予本级人民代表大会的职权，参与行使国家权力。人大代表作用的发挥程度直接决定着人大制度的功能与权威。作为人大代表，要依法履行职责。严格按照代表法规定的权利与义务，积极行使权利，认真履行义务，自觉接受监督。为了保障人大代表履行职责，法律对代表执行职务做了特殊保护，如人大代表的言论免责权、人身不受非法逮捕权以及代表职务的财政补贴等。同时，人大代表要模范遵守宪法和法律，自觉遵守社会公德，努力为人民服务。
（原标题：确保人大选举依法有序开展）
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