On The Status Quo Of China’s Deliberative Legislation And The Construction Of Deliberative Legislation Legal System

Deliberative legislation was brought about and become a popular concept in our country in recent years with the legislative activities in which CPPCC participate. Academic research about Deliberative legislation was carried out gradually with the introduction of the Deliberative Democracy Theory and observation of the CPPCC’s legislative activities.Deliberative legislation is specific practice of the theory of deliberative democracy in the area of legislation, in particular in our country is the content of political consultation, is the content of the function of the CPPCC. At present, although there is no Deliberative legislation legal system in State Law, but many local Councils or Government initially established their own Deliberative legislation system, and carried out various forms of Deliberative legislation frequently. However, there are defects in the existing Deliberative legislation system and practice, such as limited Subject participation, inequality of participation, the program is imperfect and defective of effectiveness of the results of deliberation. we should clear the purpose, nature and principles of deliberative legislative and build our country’s Deliberative legislation legal system at aspect of the subject, the deliberative process, the effectiveness of results of deliberative legislation by analyze the status quo and cause of the problem of the present deliberative legislation and compare with The Negotiated Rulemaking system of US.At the aspect of Subject, admit public’s participation, social experts, social intermediary organizations; at aspect of procedures, drawing on the specific system of the US’ Negotiated Rulemaking, such as convener and negotiated rulemaking committee, in order to achieve Institutionalization of the program; at aspect of deliberative outcomes, adding to the deliberation of establishment of the legislative project, enhancing discussion of negotiation,and deliberative results should be serve as the draft, thus enhancing the effectiveness of Deliberative legislation.