A Study On The Legislative Consultation With Chinese Characteristics

As for deliberative democracy,legislative consultation is a key form at the legislative level.It is the top-level design for the country to implement the rule of law.Whether our legal system can embody the will of the people and be supported by the people has a great relationship with legislative consultation.Legislative consultation is a democratic form of consultation in which the legislature plays a leading role in every link of the legislative process,giving full play to the role of consultative dialogue among all sectors of society,and reaching consensus through rational dialogue on relevant issues involved in legal cases.Legislative consultation should fully stimulate the initiative of all sectors of society,and put forward consultative opinions in three aspects: before,during and after legislation,so as to provide practical guidance for scientific,rational and efficient legislation.Legislation,as an important form of state power,is directly related to the stability of national political life and the development of social economy,such as whether it is set up scientifically,whether the exercise procedure is fair,whether the operation is harmonious and smooth,whether the relevant legal interpretation is perfect,and whether it has an effective supervision and review mechanism.Based on the importance of legislation,it is necessary to carry out consultation and dialogue in the whole process of legislation.The full text is based on the general logic of "concept discrimination—theoretical origin—functional orientation—practical investigation —institutional structure—development trend".The specific framework is as follows:The first chapter defines the relevant concepts of legislative consultat ion.The main content of this chapter is to introduce the relevant meanings of consultation,legislative consultation and its system,so as to have a clear understanding of the basic concepts of legislative consultation.By clarifying the basic concepts of legislative consultation,we can analyze and compare them with the concepts of political consultation,legislative hearing and legislative participation,so as to distinguish the differences and clarify the necessity of legislative consultation.The second chapter expounds the theoretical origin of legislative consultation.Firstly,by studying the history and theory of democracy in the West,we can draw reasonable principles and wisdom from them,and provide experience for our democratic legislation and legislative consultation system.Secondly,through summarizing the negotiation thought in Chinese traditional culture and modern Republican theory,this paper explains the inheritance of legislative negotiation thought with Chinese characteristics to traditional culture and legislative value.The third chapter clarifies the value pursuit of legislative negotiation.The "Three Communist Parties" governance concept requires common construction in cause,common governance in action and common enjoyment of achievements,which reflects the people-centered main orientation and contains the affirmation of the participation of all the people in national construction.Legislative consultation,as a manifestation of deliberative democracy,should implement co-construction,co-governance and sharing.The process of legislation itself is the process of "co-construction".The process of good law and good governance is the expression of "co-governance".Consultation to create a civilized country ruled by law is also the expression of "sharing".The fourth chapter examines the practice model of legislative consultation.In order to give full play to the function of legislative consultation in building a scientific and democratic legislative system,active exploration has been carried out from the central government to the local government.This chapter first examines the historical development of legislative consultation at the central level.Secondly,the legislative negotiation models of provinces,municipalities,autonomous regions and municipalities directly under the Central Government are examined.Through summarizing,we can find the focus of different legislative negotiation modes.Finally,the characteristics and shortcomings of legislative consultation between central and local governments are summarized in order to lay a foundation for the follow-up improvement.The fifth chapter establishes the system operation of legislative consultation.Firstly,it clarifies the main body of legislative consultation.According to the decision of the Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China,legislative consultation should,on the premise of adhering to the leadership of the Communist Party,give full play to the role of the legislator of the people and the government as far as possible.At the same time,we should give full play to the role of the consultation platform of the CPPCC,and encourage the initiative of democratic parties,social organizations and the masses of the people to consult on the problems encountered before,during and after the legislation of various laws.Secondly,the relevant forms of legislative consultation should be diversified as much as possible.Specifically,the forms that can be adopted are conference,written and network,etc.Through various forms of consultation,the pertinence and effectiveness of exchanges and dialogues can be improved.Thirdly,on the basis of clarifying the content,form and mechanism of legislative consultation,the author tries to establish a set of normative legislative consultation procedures,which have strong practical operation and stability.The sixth chapter expounds the optimizing path of the legislative consultation system.On the basis of deep reflection and under the background of ruling the country by law and building a country ruled by law in an all-round way,promoting the legalization of legislative consultation system is the development path that any form of deliberative democracy must choose.On the basis of promoting the rule of law as a whole,exploring the normal operation mechanism and promoting the multi-level development of the legislative consultation system will be the main direction of the progress of the legislative consultation system in the new era.