The CPPCC Participates In The Institutionalized Research Of Local Legislative Negotiation

In the local legislative work,"legislation for political performance","bureaucratic legislation" and other bad phenomena are not a few.This makes it difficult to guarantee the quality of local legislation.An important reason for this phenomenon is that the democratization degree of local legislation is still low.How to improve the democracy nature of local legislation to improve the quality of legislation has become an urgent problem for local legislation.In China's political system,the political consultation function of the CPPCC can just adapt to the needs of the democratization of legislative work,and can improve and make up for the deficiency of the representative democracy of the people's congress.Due to the unclear function orientation of legislative consultation and the imperfect design of system details,the practice of legislative consultation in various regions is still in the random preliminary exploration stage.This makes the actual effect of CPPCC participating in local legislative consultation greatly reduced.CPPCC's participation in local legislative consultation has a long history.Relevant provisions on CPPCC's participation in local legislative consultation can also be found in the Constitution,The Legislative Law,The Constitution of The CPPCC and some authoritative documents.However,the expression of these provisions is more principle,can not play a normative and guiding role in legislative consultation.Although the normative documents on legislative consultation at the local level are relatively specific,there are still various deficiencies,which can only be regarded as the embryonic form of some systems.In terms of the system construction and practice of CPPCC participating in local legislative consultation,there are many deficiencies in CPPCC participating in legislative consultation.For example,in the three stages of legislative preparation,bill to law and legislation,what criteria should be used to judge the rationality and scientificity of the consultation results,how to adopt and handle the consultation opinions,and how to feedback the consultation results? There is no clear system and norm,which seriously discourages the CPPCC from participating in local legislation.In the organization of consultation,whether local party committees mediators consultation,negotiation or place National People's Congress of legislation,or the local Chinese people's political consultative conference dominated legislation,its organization due to lack of normative documents mandatory regulation,there is a big subjectivity and uncertainty,there are in danger of "program" type of negotiation;In terms of the way of communication through consultation,conference consultation and interview consultation are still written consultation based on "communication from source to source".Although the communication and negotiation of opinions is more direct,it is easy to fall into the situation of "harmonious" consultation.How to deal with the opinions and suggestions obtained has not been clearly stipulated.The reasons for the above problems lie in the following: local party committees lack an effective system to lead legislative consultation;The law lacks clear provisions on CPPCC's participation in local legislation and sound procedural rules;Lack of specializedconsultative bodies;There is a lack of reasonable and operable auxiliary mechanism,institutional guarantee for equal participation in consultation and mechanism for response to the results of consultation.To improve the CPPCC's participation in local legislative consultation system,we should first adhere to the party's leadership in the construction and concrete practice of the legislative consultation system.Secondly,it is necessary to improve the operational mechanism of CPPCC participating in local legislative consultation,including the mechanism of starting and linkage before CPPCC participating in local legislation,the procedural mechanism in the legislative process and the procedural mechanism after legislation.Finally,it is necessary to improve the guarantee mechanism for the CPPCC to participate in local legislative consultation,including establishing the system of local legislative consultation led by the people's congress,improving the basic system for the CPPCC to carry out local legislative consultation,and improving the feedback system for the results of local legislative consultation.In a word,the system of legislative consultation is the concrete embodiment of the deliberative democracy system of socialism with Chinese characteristics in the field of legislation.It plays an extremely important role in the process of promoting the extensive and institutionalized development of scientific legislation and democratic legislation,and is an institutional innovation in the legislative work of socialism with Chinese characteristics.We can improve the basic system by conducting local legislative consultation within the CPPCC and the feedback mechanism for the results of legislative consultation by establishing a system in which local people's congresses play a leading role in local legislative consultation,so as to improve the guarantee system for the CPPCC to participate in local legislative consultation,and truly put this institutional innovation into practice.