Research On The Constitutional Status Of The People's Political Consultative Conference

Chinese People's Political Consultative Conference referred to as the CPPCC.Constitution stipulates that the CPPCC is a broadly representative united front organization.However,in the chapter of "state institutions" did not mention the CPPCC.The CPPCC is not a state organ.The People's Political Consultative Conference was established in 1949.The CPPCC has acted on the supreme state power and announced the establishment of the People's Republic of China,.The CPPCC formulated the "Common Program of the Chinese People's Political Consultative Conference" which played an important historical role.After the promulgation of the 1954 Constitution,the CPPCC was no longer a state organ and returned to the position of the united front organization.Until the Constitution was amended,in 1982,the CPPCC was recognized by the Constitution for the first time and became an indispensable and important institution in China's political system.The CPPCC is positioned as a constitutional institutions,and exercises the constitutional power.Constitutional power is an authoritative power,and state power is a kind of compulsory power,which together constitute the "Binary" structure of public power system.The status of constitutional power takes precedence over state power.The political power of the CPPCC and the leadership of the CPC actively exercise the decisive power of Chinese politics.The authority of the CPPCC is derived from the social forces united by the united front,which is derived from the "broad representation".In political reality,The constitutional power of the CPPCC shows the phenomenon of politicization and even abuse.The lagging of the CPPCC sector and the lack of representation of the CPPCC members have led to weakened representation of the CPPCC.In order to make the constitutional status of the CPPCC really be implemented,it is necessary to make clear the content,object and procedure of the CPPCC's political power,and strengthen the supervision of the constitutional power of the CPPCC,clarify the CPPCC Set the criteria for the new sector;and formulate a system for the generation and withdrawal of CPPCC members.