Constitutional Analysis Of The Functions Of The CPPCC

With the development of society, the advancement of democracy and the rule of law as well as theexpansion of foreign exchange, more and more people understand and are familiar with Chinese People’sPolitical Consultative Conference (CPPCC) and its nature, status, function and future direction ofdevelopmentdraw extensive attention from the domestic and outside and gradually become the focal pointof the implementation of the Constitutional Government in China. Under the constitutionalperspective, CPPCC in China holds the important status of national institution in the constitutional practice,and it plays an irreplaceable role in the construction of democracy and the rule of law in the past and thepresent as well as the future. Nevertheless, our Constitution, the normative documents of the CPC CentralCommittee and the Charter of CPPCC haven’t made the corresponding provisions of the function ofthe CPPCC. The setting of any political facilities or institutions should meet the need of national and sociallife in the political life, and the design of its functions and efficiency rely on its function. Thus, the analysisof the function is very important, and only if its main features are fully understood can it play its desiredeffect. Although the advantages and constructive role of the CPPCC in China’s political life arenot prominent, and in the constitutional construction, the CPPCC hasn’t fully played out its properfunction. Therefore in order to make the best use of it, we should continue to study it.Firstly, starting from the basic concept of the CPPCC, the paper briefly describes the nature, functionsof the CPPCC and three historical stages of development of the CPPCC, and analyses the theoretical basisof the CPPCC and its constitutional foundation, and reduces its constitutional foundation to socialistdemocracy with Chinese characteristics.Secondly, the paper tries orienting the function of the CPPCC. The function of the CPPCC has notyet clearly oriented. Thus finally we try defining it as follows: to strengthen the legitimacy of statepower, to integrate the governing resources, to developsocialist democratic politics. This paper focuses onanalysis of the causes and significance of the three functions as well as their advantages.Finally, on how to improve the CPPCC, we put forward their own proposals. People’s PoliticalConsultative Conference, as one of “Four Carriages”, holds the same importance as the ruling party, the National People’s Congress and the government. Although it has three functions, its functions are not fullyplayed out. Starting from the reasons for the lack of the CPPCC’s function, the shortcomings of the threefunctions are analyzed in terms of the integration of governing resources, political consultation anddemocratic supervision, followed with countermeasures.