Study On The Voting Right Of Overseas Chinese

The right to vote is an important part of citizenship, the state has the responsibility to protect the legitimate political rights of citizens. Niversality and equality are the two most important features of the right to vote. The Overseas Chinese citizens should have a constitutional right to vote. However, the protection of Overseas Chinese voting rights are gradually fall into an double dilemma of derogation of related legislation and an ignore reality after the establishment of new China.Currently, with the development of the policy of open door to the outside world,the movement of talents is more frequent over the world. At the same time, the population of overseas Chinese has an increasingly trend. In the world, many countries in the world have formulated "Diaspora strategy" to develop it's special effects. In China, on the one hand, overseas Chinese can play an important political role as a bridge in the development process of the opening; on the other hand, the increase of Overseas Chinese population naturally promote we to think about the legislation of the rights of overseas Chinese, including the right to vote. It can be found from the comparison of many countries of Anglo American law system and Continental law system countries that the simplex and limited legislation mode is not in accordance with the reality. We must speed up the legislation process, and complete of “the Act of Overseas Chinese Voting Right” as soon as possible.As far as the voting rights of Overseas Chinese, this article not only makes a theoretical analysis, but also expresses the specific legislative proposals, and outlining a preliminary blueprint for the exercise of the voting right of the overseas Chinese.This article argues that voting rights should be listed in the chapter of " Overseas Chinese political rights" in “the Act of Overseas Chinese Voting Right”. In content,the legislature should learn the legislative experience of other countries under the Constitution, and form the protection system of the Overseas Chinese voting right. Weshould make a specific law according to the full investigation and argumentation, like the voting qualifications, voting authority, constituency distinction, voting procedures.At the same time, we shall give a rights relief mechanism to overseas voters.