| Summary: | 碩士 === 淡江大學 === 日本研究所 === 90 === In the viewpoint of that election is the right to vote, People not only have the freedom of candidacy, and vote but also have the right to collecting the required information and gain them for enforcing the right. Then we can define the freedom of an election campaign. In the modern democracy society, it is indispensable that the freedom of the election campaign has become more important of the sovereignty. From candidates’ position, it is one part of the right of candidacy, and from the voters’ position it plays an important role for their decision to vote.
Though “the freedom of election” dose net record clearly in the constitution of Taiwan or Japan, it as a matter of fact, takes as the fifth principle in modern election succeeded by the popular election, the equal election, the direct election and the secret ballot. Moreover, the Constitution of Japan also guardant the freedom of speech, publication and so on. However, the Public Offices Election Law that enacted from the Constitution of Japan has imposed prohibition and restrictions extensive to the election campaign, For example, Prohibition of preelection campaigning, Prohibition of door-to-door canvassing and prohibition of the document outside authorization by law, etc.. Therefore, the regulation of the freedom of the election campaign by the Public Offices Election Law and secure the freedom of expression by the constitution continues being one of the major controversy about constitutional issue.
This thesis star from the history of Japan’s Public Offices Election Law. We analysis the reasons and background of the regulation of election campaign and the main problem it causes. Moreover, we make detail discussion and compassion between the legislators and scholars’ viewpoint about these problems.
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