Empirical Study On Legalization Of Chinese Grassroots Consultative Democracy Mechanism

Nowadays,the practice of grassroots consultative democracy in China has achieved initial success and has been recognized by the state and the people.However,the development of grassroots consultative democracy is arbitrarily large and the degree of rule of law is low.It often exists due to events,time,place and leadership.Problems such as low level of rule of law and poor practice.In order to improve the practical effect of grassroots consultative democracy,it is necessary to improve the mechanism of consultative democracy and realize the rule of law in the mechanism of consultative democracy.This paper uses empirical research and case analysis to analyze the current situation and existing problems of the grassroots negotiation and democracy mechanism from the perspective of rule of law,and proposes corresponding countermeasures.The article consists of five parts.The content of the first chapter is mainly based on the theory and practice of consultative democracy between China and the West.It refines the four core elements of China's development of grassroots consultative democracy and integrates it into an organic whole as the content framework of the grassroots consultative democracy mechanism.The second chapter demonstrates the necessity and significance of the rule of law in the grassroots consultative democracy mechanism,and proposes three goals to be achieved in the legalization of the grassroots consultative democracy mechanism,namely,legalization of the democratic order,guarantee of citizenship and control of administrative power.The third chapter Inspecting the norms and practices of grassroots consultative democracy.This paper analyzes the norms and typical cases of grassroots consultative democracy from four aspects,including the composition of the main body of consultation,the mechanism of consultation procedures,the specialized consultation institutions and the guarantee mechanism of consultative effectiveness,and draws useful experience from the construction of grassroots consultative democracy in various regions.The content of the fourth chapter is based on the value target of the rule of law,and discusses the gap between the construction of the grassroots consultative democracy mechanism and the rule of law.In-depth analysis was carried out on the issue of non-standardization of consultation procedures,consulting the rights of participants,and the arbitrariness of public power,and excavating the legal issues behind these phenomena.Finally,the author puts forward the system conception of the rule of law for the problems existing in the construction of grassroots consultative democracy mechanism.On the one hand,the legal order of consultative behavior should be established to strengthen the rigidity and standardization of consultative order;On the other hand,it is necessary to improve the ways of selecting representatives and establish special consultation institutions to ensure the realization of the equal rights and the right of free expression of the participants.Consultation body to guarantee the realization of the equal rights and free expression rights of the participants in the consultation;finally,to construct the effectiveness guarantee mechanism of the consultation and promote the implementation of the consultation results.