Research About The Rule Of Law Of CPPCC On The Perspective Of Socialist Deliberative Democracy

Socialist deliberative democracy is a unique form of democracy in our country, it has to do with Marxist united front theory, Marxist party theory closely connecting with internal. The meaning of consultation in socialist deliberative democracy and negotiation in western deliberative democracy is different. On the one hand, the socialist deliberative democracy has its historical background and political soil, focusing on the consultation to discuss. On the other hand, it also needs to learn from western ideas of democracy and equality of consultative body of rationality.Chinese People’s Political Consultative Conference(CPPCC)is an important channel for socialist deliberative democracy. The legalization of CPPCC requires not only clear connotations in socialist deliberative democracy which upholds democratic centralism and the party’s leadership, but also on a basis of accurately grasping of the CPPCC as the partisan organ.This paper is divided into five parts. It’s in the perspective of socialist deliberative democracy,based on the nature and status of CPPCC during the process of political development in our country and the existing rules of “soft law” system. It applies the method of comparative analysis to research the differences between socialist deliberative democracy and western deliberative democracy as well as describe the development of the CPPCC and political consultation system. What’s more, the method of empirical analysis is used to summarize the content and effectiveness of “soft law” system. Among them, taking the political consultation regulation of CPC Guangdong Provincial Committee as an example, focusing on its content, procedures and safeguards effectiveness as well as indicating the merits and deficiencies of “soft law” in order to improve it.The core argument of this paper is that the CPPCC don’t have to become a national institution but without prejudice to its being “hard law” binding. And it also aims to clarify the relationship between the legalization of CPPCC and the CPPCC national institutionalized with a clear connotation of socialist deliberative democracy and the nature and status of the CPPCC. In addition, promoting the realization of the CPPCC as an important form of people’s democracy in the constitution, formulating a unified “People’s Political Consultative Conference Organization Act”, constructing a reasonable program, part of a complete CPPCC regulation, norms consultation and democratic supervision procedures, so as to clarify the legal status of the CPPCC and make its performances legalized. At the same time, the trend is to regulate the relationship between the political parties, the relationship between the CPPCC and the NPC or the government as well as to protect the performance of CPPCC by means of both rigid and flexible law in addition to the hard law legislation.