What does the Korean electoral system include?

The modern Korean electoral system began with the general election in May 1948. Up to now, * * * has gone through the16th National Assembly election. Before 1994, South Korea's electoral system mainly included the presidential election law, the national assembly election law, the local council election law, and the local autonomous group leader election law. In order to ensure the fairness of the election and the free will of voters, eliminate unfair phenomena in the election and all kinds of corruption in the election process, and create a healthy, democratic and harmonious election culture, the 14th National Congress of the Communist Party of China formulated and promulgated a unified Law on the Prevention of Public Elections and Unfair Elections (hereinafter referred to as the "Election Law"), and the current electoral system was established according to this law.

First, the election method and the number of members.

South Korea's current constituency system is a combination of small constituency system and proportional representation system, with small constituency system as the main one and proportional representation system as the supplement. The proportional representation system is adopted in the national parliamentary elections, that is, political parties submit a list of candidates to the Central Electoral Management Commission, and the number of parliamentarians is allocated according to the proportion of votes obtained by political parties. A political party that meets one of the following three conditions can get seats in the national regional council: (1) Get more than 5 seats in the regional council election; (2) More than 5% of the valid votes; (3) Allocation of seats when 0.3%-5% of the votes are obtained. Take the current (16th) parliamentary election held on April 3, 2000 as an example. The Grand National Party * * won 38.96% of the valid votes, so it occupied 133 of the 273 seats in the National Assembly. President Kim Dae-jung's New Millennium Democratic Party won 35.86% of the valid votes and occupied 1 15 seats in the National Assembly. The Liberal Democratic Alliance won 9.8% of the votes and held 17 seats in the National Assembly. Of all the 273 members, 227 are elected by the small constituency system and 46 by the proportional representation system. The local constituency election of parliamentarians adopts the small constituency system. Like the parliamentary elections, the parliamentary elections in Seoul Special City, six wide-area cities and Yi Dao adopted a combination of small constituency system and proportional representation system, while all members of parliament below Yi Dao level were elected by small constituencies.

According to the Regulations on the Number of Members of Municipal and Provincial Councils, the number of members in a geographical constituency or autonomous region, city or county is three, and in areas with a population of over 300,000, it will increase by 1 person for every 200,000 people. In the election of 199 1, the total number of members of municipal and provincial councils was 866, and the number of members of autonomous regions, cities and counties was 1 person. Cities, regions and caves with a population of more than 20,000 will increase by 1.

Second, the basic procedure of the election

(1) Voter registration

The electoral law stipulates that all citizens who have reached the age of 20 have the right to elect the president and members of parliament. People who have the right to vote and stand for election must participate in voter registration in accordance with the relevant provisions of the electoral law in order to obtain voter qualification. The voter list is a legally binding document. The inclusion of a citizen in this constituency in the voter list shows that he enjoys the right to vote given by law. Not being included in the list indicates that he does not enjoy or can't exercise the right to vote. The specific production time of the voter list varies from election to election, usually within one month before election day.

(2) Constituency division

In the local (autonomous region, city, county) parliamentary elections, there is no uniform regulation on the number of elected members in a constituency, which is determined by local autonomous organizations according to regulations. Generally speaking, 80% of places adopt the small constituency system in which one constituency chooses one person. The specific provisions on the division of constituencies are: the president and the members of the national constituency are based on the whole country; Members of parliament and local councils in local constituencies are based on their constituencies; The election of the person in charge of a local self-governing body shall be conducted within the jurisdiction of the local self-governing body. The population of each constituency must exceed 5000. Take Jeju City, Jeju Road as an example: there are 19 caves in the city, of which two caves have a population of less than 5,000, and can only be merged with other caves to form a constituency. Therefore, there are 17 constituencies in the city, and each constituency produces a member of parliament, * * * 17.

(3) Candidate system

For a long time, in the development of Korean electoral system, the democratization of candidate system has not been well solved. Some specific political parties and politicians manipulate the nomination and recommendation of candidates, making the candidate nomination system a tool that only serves specific political interests. In recent years, in the political system reform, both the ruling party and the opposition party have attached importance to the democratization of the candidate system to a certain extent, especially in the revision of the 1995 electoral law, which further improved the candidate system.

According to the provisions of the electoral law, candidates must be recommended by political parties or voters. Among them, there is only one form of voter recommendation for local elections below the city, and there are two forms of political party and voter recommendation above the road. Generally speaking, candidates can only stand for election in their own constituencies. However, if more than 200 voters from other constituencies jointly recommend, they can also stand for election in that constituency.

In South Korea, where multi-party system is implemented, political parties play a very important role in the process of producing parliamentary candidates. Judging from the political reality in South Korea, the decision-making power recommended by members is mainly held by the Central Party cadre meeting and the local party congress. A few years ago, there was a split within the Democratic Party, the largest opposition party in South Korea. The main reason is the sharp conflict between different factions in the party on the issue of candidate recommendation, which eventually leads to the division within the party.

Candidates should pay the deposit to the Electoral Management Committee of the electoral district under their jurisdiction in accordance with the rules of the Central Electoral Management Committee, in order to prevent confusion in the nomination of candidates and ensure the honesty of candidates. The specific provisions for paying the deposit are: 300 million yuan for the presidential election; 65,438+0,000,000 yuan is used for the election of parliamentarians and the election of autonomous regions, cities and county heads; City and provincial Council members elected 4 million yuan; 50 million yuan for the election of mayors and governors; Members of the autonomous region, city and county councils were elected 2 million yuan. The deposit can be refunded under the following circumstances: when the number of candidates for the election of the president and the leaders of local self-government groups exceeds one tenth of the total number of valid votes; When the average number of votes obtained by each candidate in the constituency exceeds 50% in the election of district councillors and local council councillors; In the parliamentary elections in all regions of the country, the candidates on the candidate list were elected; When the candidate died. Those who meet the return conditions can go through the return procedures within 30 days after the election, but the necessary expenses incurred during the election should be deducted. If the return conditions are not met, the deposit shall be used by the state or local autonomous organizations.

(4) election campaign

In the history of South Korea's electoral system, the restriction and guarantee of the freedom of election has always been one of the core issues affecting the country's overall political life.

Article 1 16 of the Constitution stipulates two basic principles of election, namely, equal opportunity and open election system. The electoral law further concretizes the constitutional principles and stipulates the principles of free election, free election and free election methods.

In the past, the electoral law stipulated that only candidates recognized by the Electoral Affairs Commission could conduct election activities. However, in the current electoral law, the overly strict restrictions on the qualifications of candidates have been removed, making it possible for party member and voters to participate in electoral activities according to law. However, the current electoral law reduces the number of campaign activists that a candidate can mobilize, and stipulates that campaign activists cannot accept remuneration, making the campaign a voluntary service activity. Compared with the previous electoral law, the current electoral law also expands the opportunities and forms for candidates to meet voters, and stipulates that candidates can give personal speeches and symposiums. This provides voters with an opportunity to fully understand the candidates and expands the democratic foundation of the election.

The election campaign will start from the date when the candidates complete the registration and end on the day before the election day. The law prohibits early elections. The electoral law also makes very detailed provisions on different election methods used in the election, mainly including: posters, election bulletins, small printed materials and other publicity materials; Use news advertisements to publicize the platform and policies of the political party to which the candidate belongs and the political views of the candidate; Use political party speeches, public speeches, seminars and other gatherings and other forms to carry out campaign activities.

The main restrictions on the main body of the campaign are: candidates without party affiliation are not allowed to get the support or recommendation of specific political parties; Civil servants are not allowed to take advantage of their positions to conduct election campaigns; Civil servants shall not affect the election; Societies, consortia and other groups may not express their support or opposition to a specific political party or candidate in the name of a group or group representative in the election campaign. In addition to the election office and election liaison office stipulated by law, no institutions and facilities such as election promotion committees and support clubs that support specific political parties and candidates may be established. During the campaign, no one is allowed to write a book, perform or perform for the campaign. Except as stipulated in the electoral law, you may not use radio, news, newsletters, magazines and other publications for advertising, otherwise you will bear legal responsibility. In addition, the electoral law strictly prohibits door-to-door visits, signature activities, providing food and drinks, and slandering others.

The electoral law also imposes some restrictions on political parties' participation in electoral activities. The publicity of political platforms and policies carried out by political parties through periodical publications within the Party, and the concentration of party member and candidate volunteers must be carried out in strict accordance with the law. If advertisements are used, the number of advertisements is limited, which shall not exceed 150 in the presidential election, and the advertising standards are stipulated. In addition, the specifications of the publicity materials for promoting candidates produced during the election campaign, and the specifications and distribution times of the publicity materials on policies and programs sent to party member should also follow the relevant provisions of the electoral law.

(5) Voting procedures and turnout rate

The election procedures stipulated in the Korean election law mainly include voting, counting votes, making out invoices, being elected and announcing election results.

From the first session to the fifteenth session, the average turnout rate was 78.7%. The change of turnout rate in previous years is shown in the following figure.

Except for the presidential and parliamentary elections, local elections at all levels, such as roads, cities and counties, are held every four years in accordance with the unified provisions of the electoral law, and they are quite consistent in all aspects of the elections.

Successive congressional elections

Three. Election management

(1) Electoral management body

In order to organize and manage election affairs effectively, South Korea has set up a top-down election management committee. The Electoral Affairs Commission is divided into the following categories:

1. Central Management Committee. It consists of nine members, three of whom are appointed by the President, three are elected by the National Assembly and three are appointed by the President of the Grand Court. The Committee has jurisdiction and management over all matters related to elections, and has the right to revoke and change the illegal and improper punishment of the lower-level election management committees.

2 special city, wide city and provincial election management committee. It consists of nine members, three of whom can be recommended by the political parties that form the negotiating team in the National Assembly, three members can be recommended by the presidents of local courts in charge of this field (including two judges), and three members can be appointed by the Central Electoral Management Commission. Its duty is to guide and supervise the lower-level election management committees, confirm the limit of election expenses, and handle election complaints after the election.

3 district, city and county election management committee.

4. Election Management Committee of the voting area.

According to the provisions of the Electoral Management Committee Law, the superior electoral management committee has the right to revoke or change the illegal or improper punishment related to the election of the lower electoral management committee. When the electoral management committee of a constituency or the electoral management committee at the next higher level deems it necessary, it may adjust the scope of electoral affairs under the jurisdiction of the electoral management committee within its administrative area, or order the electoral management committee or members at a lower level to perform the duties of the electoral management committee of a constituency. The funds of the Central Electoral Management Commission are independent and included in the national budget separately.

(B) the electoral dispute system

Political parties, candidates and voters who have objections to the election process and election results may lodge disputes with higher authorities or courts in accordance with the procedures prescribed by law to safeguard their legitimate rights and interests. In South Korea, there are two ways to raise disputes, namely, election petition and election litigation.

When there are objections to the election effectiveness in the election of members of local councils, local autonomous organizations and heads of state, voters, political parties and candidates may submit written complaints to the Central Election Management Committee or provincial and municipal election management committees within 14 days from the date of election. If there is any objection to the validity of the election, the political party or candidate may be the elected person or the director of the electoral district management Committee as the defendant and bring a lawsuit according to the above procedures. After accepting the complaint, the Central Election Management Committee (the same city and province election management committee) shall send a copy of the complaint of the respondent to the respondent in time. The respondent shall submit a reply to the petition within the time limit prescribed by the Central Electoral Affairs Commission. After receiving the defense, the Central Electoral Management Commission will send a copy of the defense to the applicant and make a decision on his application within 60 days from the date of accepting the application.

According to the provisions of the electoral law, election litigation includes the following two forms: first, in the presidential election and the parliamentary election, political parties, candidates and voters who have objections to the election effectiveness or the election effectiveness file lawsuits with the court to safeguard their rights and interests through judgments. Second, if he refuses to accept the decision of the election petition, he will take the chairman of the Electoral Affairs Commission as the defendant and bring a lawsuit to the court. Election litigation should give priority to making decisions or judgments, and the court should handle it within 180 days from the date of filing the case. The court in charge of election proceedings shall report the results to the National Assembly, the Central Electoral Management Commission and the electoral management commission of the electoral district under its jurisdiction after initiating the proceedings, interrupting the proceedings and confirming the judgment.

(3) Election funds

The electoral law strictly restricts the use of election expenses and sets the maximum amount of election expenses for different types of elections. For example, the election expenses for the presidential election are 5 billion yuan, the election expenses for members of regional councils are 35 million yuan, and the election expenses for members of municipal and provincial councils are 6.5438+0.8 million yuan. In order to strengthen the supervision of the use of election expenses, the electoral law stipulates that after a political party or candidate applies for registration as a candidate, it shall promptly designate an accountant responsible for the income and expenditure of election expenses, and report the accounting situation to the Election Management Committee in writing. If the election expenses exceed the legal limit of 1/200, the candidate will be punished with hard labor for less than five years or a fine of less than 20 million yuan. When a candidate is punished for violating the electoral law, the election result of the candidate is invalid, and the system of sharing seats is applicable to those who are related to the candidate. Strict management of election funds is an important condition for maintaining election fairness.