On The Position Of C.P.P.C.C. In The Constitutionalism

Because the constitution, position, funtion of Chinese People's Political Consultative Conference( C.P.P.C.C.) are not certain, the people's understanding of C.P.P.C.C. is still vague. C.P.P.C.C. has been mistaken for a social organization for a long time, this does not agree with the importance place and the important function in Chinese constitutional government practice.This text aims at the problems, such as: In the Chinese constitution text, C.P.P.C.C. is not included in the national organization, the fixed position of C.P.P.C.C. is vague in the constitution. From the aspects of history and experience social, the thesis analyzes the originally basis and legal theory for the existence and developments of C.P.P.C.C. according to the function doctrine methodology in the public laws theories. The text also helps fix the position for the democracy supervising function in the constitutionalism.This text is divided into five parts, the structure is as follows:Parts of preface put forward the thesis standpoint directly, namely C.P.P.C.C. is the national organization with the supervising function, which undertakes the important and political function of democratic negotiation and stands together with the National People's Congress and" one government and two departments". Through 5 cases, the text discusses the important function of C.P.P.C.C. in the past, present national political, economy and social activities.The first chapter discusses the way and property of C.P.P.C.C. exercising the function and puts forward the meaning and the research methods that studies the position of C.P.P.C.C. in the constitutionalism.Chapter 2 analyzes the law texts, such as: the The Common Program of C.P.P.C.C, the past constitutions and The Law of Civil Servant. discussing the fixed position of constitutionalism from the aspect of norm.Chapter 3 mainly draws lessons from the Des' analysis of the property of the Convention of Constitution, Hebeth's talks theory and Max·web's legitimacy theories, with the methodology of the function doctrine, from the constitution usual practice, the consultation democracy and the Chinese political power legitimacy, argues the important function of C.P.P.C.C. in Chinese constitutionalism construction.The conclusion part emphasizes again that from the analysis of function doctrine, C.P.P.C.C. theoretically and practically has the constitution position of supervising the national organization with the similar specification of the National People's Congress and" one government and two departments". Being the main carrier of the consultation democracy, C.P.P.C.C. has the special and unchangable function in the construction of the China constitutionalism and the consolidation of political power legitimacy foundation.