Study On The Case Of Voter's Qualification

The rights to vote and to be electedare the our citizens' basic politic rights that protected by our Constitution,to make sure that ourcitizens can exercise their rights in a legitimate and effective way,our country carried outsome rules and regulations mainly in two aspects.Firstly,people whodisrupt election deliberately or disrupt voters' freedom to exercise their rights can catch a criminal penalty;Secondly,citizens who are qualifiedwithvoterswill have its name on the list of voters,and empower citizens challenged voter lists.On the otheraspect,once citizens' objections access tocourt,it turns to be the case which the author is gong to discuss in this paper.The case of voters' qualification is a quite special case in the civil procedure law.It is the particularity which give the case a higher value to be discussed.Except the introduction,this paper is divided into five parts.The first part is a brief introduction of the importance of citizens' right to vote and the right to be elected,and introduced the conditions necessarily to franchise in our country as well as the process of exercising the right to vote.The second partmainly talk about its position in our law system and its quality.To its position,in this part,from the perspective of domestic scholars points,the author discuss the details in the process of the trial,according to its characteristic as well asits trial requirements,the author think we should apply procedure principles as well as non-lawsuit principles,including administrative litigation and civil litigation,and then,the author discusses the qualification of voters in the rationality of the civil lawsuit,but unavoidable result.Secondly,from the natureaspect,taking the characteristics and the demands into consideration,the author think that it is more suitable to divide this case into non-lawsuit case.The third part,the author from the qualification of voters as a special case of special procedure,the trial should specifically discusses the applicable law,which is based on trial characteristic and demand,the author thinks that in the course of the trial should be staggered applicable procedural jurisprudence and the non-lawsuit legal theory,including open,direct detection of words,their functions and powers doctrine,functions and powers doctrine,etc.And,in the process of trial,can't ignore the various factors in the case of the interaction and balance.The fourth part,according to the existing laws and regulations in our country,combinewith its characteristic as well asits trial requirements,on the basis of the reality and ought to be,the author put forward her comprehensive understanding and interpretation on some big question of this case.Mainly aboutsubject and its procedure protection;the burden to provide evidence and subjects' obligation to help discover truth as well as effectiveness of the judgment.In the last part,in order to make our legal system more perfectthe author give some simple legislative suggestions.