湖南衡阳贿选案、辽宁贿选案等人大代表贿选案所呼唤的既有司法惩治,更有立法改革。我国选举法目前实际上还采用行政管理思维,这体现为“选举管理机关”的保选功能,以及该法确定的提名人主导地位。人大代表选举法作为代议法的基础,应当采取代议法思维,即以选举行为为本,由求选人主导选举,并建立各种选举法主体之间的合意程序。从立法角度看,应对衡阳案和辽宁案的治本思路,或者我国选举法立法的改革主题应当是对我国选举法去行政管理思维,取代议法思维。如此才能提高我国的选举能力,包括中共各级党委的选举领导能力。 Hengyang bribery in Hunan Province, Liaoning bribery case and other people’s representative bribery case both the judicial punishment, more legislative reform. At present, the electoral law of our country actually adopts the thinking of administrative management, which manifests itself as the function of “electoral authority” and the dominance of the nominees as determined by the Act. As the basis of the representative law, people’s congressional election law should adopt the representative law of thinking, that is, the election-based act should be based on the candidate’s leading election and the consensual procedure among various subjects of the election law. From a legislative perspective, the main theme of the reform of the Hengyang case and Liaoning case or the reform of China’s electoral law should be to take administrative thinking in our election law instead of legal thinking. Only in this way can China’s electoral ability be enhanced, including the election and leadership ability of CPC committees at all levels.