The Research On The Legal System Of The Chinese People's Political Consultative Conference-Based On The Theory Of Deliberative Democracy

The values of democracy have universality, and democracy is the beautiful dream of human beings. As a socialist country, to pursue and develop people's democracy is the main content of the construction of political civilization in China. The forms of democracy have diversity. People can create and choose different forms according to the specific historical and practical conditions. Compared with traditional democratic forms, as a new form, the deliberative democracy has unique functions. Now, our country is advocating and developing socialist deliberative democracy. After distinguishing, the theory of deliberative democracy of the West can do some good to China's democratic construction. China's emphasizing on the diversification of forms of socialist democracy. The electoral democracy and deliberative democracy are two important forms of socialist democracy. At the same time, our country requires that deliberative democracy should be all-round, multi-level expansion.The Chinese People's Political Consultative Conference (CPPCC) in our country has a profound theoretical source and long-term historical experience. From the basic theory of the socialist perspective, the people's democracy theory and People United Front theory of Marx-Engels, Lenin and the main leaders of the Communist Party of China (CPC) are the mainly theoretical source. The historical forms of political consultation are the CPPCC's predecessor. From this point of view, the history of China's deliberative political practice started from the end of Qing dynasty. During this long history, about 100 years, there have some forms of political consultation, such as the preparatory constitutional consultation mechanism of the Qing government to save itself from extinction, the consultation mechanism of the first cooperation between the Kuomintang and the Communist Party in the Great Revolution period, the consultation mechanism to struggle against Japanese aggression during the second KMT-CPC cooperation, the consultation mechanism in Chongqing peace negotiations after the victory of the war, the consultation mechanism of liberation war to establish a new China, and the consultation mechanisms of the beginning of the new Chinese country and the socialist period. The 100 years historical practices of consultative politics and sixty years historical practices of the CPPCC, giving Chinese profound enlightenment.It declared to the world that democracy is the most important dream and consistent pursuit of Chinese, consultative politics and CPPCC is of practical and objective significance in Chinese, and it has very high prestige. It is also demonstrated the various features of CPPCC, which as an important organization of deliberative democracy.It is necessary that make the CPPCC as an important organization to promote socialist deliberative democracy in our country, and the CPPCC can play some positive functions in the political, social and personal fields. In the political aspect, it is beneficial to promote political legitimacy, supervise the public power, improve the quality of decision-making and decision execution, solve the political conflict and mitigate political conflicts, improve the image of the government and improve administrative efficiency. And it is a new view about the reformation and perfection of CPPCC. In terms of the society, it can help to absorb the social multi-interests and maintain the social fairness and justice, to resolve social conflicts and promote the orderly participation, to format social consensus and purify the social atmosphere, to develop the cultivation of the citizen society. In the aspect of individual citizens, it is conducive to enhancing citizen's subject consciousness and sense of responsibility,improve the knowledge and ability of individual, improve the citizen individual rationality and cultivate modern citizens. It is feasible in china, making the CPPCC as an important organization to promote socialist deliberative democracy. The economic base of public ownership of our country, the traditional "harmony" culture concept,people's political power establishment and the stable and solidarity political situation provide the external and good conditions for it. The characteristics of the CPPCC provide some unique conditions for the CPPCC, such as the universality and equality of the participants,the completeness of the consultation institutions and organizations,the high degree of consultation mechanism's proceduralization and institutionalization,and the authority and validity of consultation mechanism.Accordance with the Constitution and the regulation of CPPCC and some relevant norms, CPPCC actively carries out various activities and operation. The CPPCC has three basic functions, political consultation, democratic supervision and participation.To actively perform the three major functions, and do good to play its role in socialist deliberative democracy, its' structure, subjectivity, meeting, and activities system have been necessary constructed.In the new historical conditions,as an important organization,we should make full use of the CPPCC,combining with the current conditions,such as favorable political, economic and culture and the CPPCC's conditions, and actively promote the development of deliberative democracy in china. At the same time, we should reform and develop the CPPCC to keep pace with the times. The reformation involves all aspects of CPPCC, such as its' nature, function orientation and the organs, activities and legalization.