Legal Considerations On Cppcc's Democratic Supervision On Government's Implementation Of Public Policies

Democratic supervision is one of the three major functions of the CPPCC.Supervising government's implementation of public policies is an important part of CPPCC's democratic supervision function.However,in practice,CPPCC's democratic supervision is not functioning fully and shows low effectiveness in general,due to the lack of legal guarantee and the standardization of working flow.The Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China Central Committee announced the decision to establish a stringent system overseeing the practice of the rule of law.In this context,this paper argues that,regarding the significance of CPPCC's democratic supervision in the supervision system of the socialism with Chinese characteristics,the following ought to be done: First,reenact the Organizing Law of the CPPCC with the opportunity of constructing a socialist country under therule of law,so that the role of the democratic supervision function of the CPPCC in the system of the socialist rule of law with Chinese characteristics can be clarified.Second,draft and enact the Law of the Democratic Supervision of the CPPCC,standardizing government's working flow of handling democratic supervision,laying down the responsibilities and rights of all parties,and resolving the current difficulties in the democratic supervision on the implementation of public policies due to the absence of law.Regarding the feasibility of the legislation,this paper holds the view that the legislation of the CPPCC's democratic supervision is a legal confirmation of CPPCC's rights in democratic supervision,but not a change of the nature and the status of the CPPCC as the organization of the United Front,or a challenge to the constitutional authority of the NPC.On the contrary,a scientific and democratic legislative process would better clarify the positioning of the CPPCC and the NPC and better distinct the their functions,thus promote the development of democracy in China.