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The Management of Sotf Law on Deliberative Democracy

Author: QuMingWen
Tutor: LiangJianBing
School: Liaoning Normal University
Course: Legal Theory
Keywords: deliberative democracy soft law text analysis
CLC: D627
Type: Master's thesis
Year: 2012
Downloads: 47
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Abstract


Deliberative democracy is a path of democracy which is different from traditional formsof democracy. It is not a new paradigm, but a revival of the forms of democracy. In the1980s, Cohen, Habermas, Rawls, and many other scholars did in-depth research ofdeliberative democracy theory.“The three paradigms of democracy "speech given byHabermas in China in2002formally brought deliberative democracy theory to China.Looking back though the history, we can see that, although there is no systematic theoreticalstudy, Deliberative Democracy in China has been in practice for over60years, that is themain manifestations of deliberative democracy in China-People’s Political ConsultativeConference.This article makes an integrated use of text analysis, comparative analysis and other lawmethods on the basis. And uses soft law as a tool, analyzes the important manifestation ofthe Deliberative Democracy in China as the object, sums up the characteristics of thedevelopment forms of deliberative democracy in China. On this basis, it gives the solutionand strategies to promote the development of Deliberative Democracy in China.In this paper, it firstly makes an overview of the basis for the existence of multi-partycooperation and political consultation under the leadership of the Communist Party of Chinaand the creating and development of the People’s Political Consultative Conference. Andthen it summarizes the features emerging in the development process of the DeliberativeDemocracy in China through the contrast with the Deliberative Democracy Theory and thespecific system in west world. Then it gives a detailed analysis of the specific text in chapterthree. In the part of the article for analysis, it uses soft law as a specific tool. Soft law is thelaw, with the development of globalization and public governance, firstly being used in thefield of international law field.The set-up of soft law seminar of Beijing University in2005brought a boom of research on soft law domestically. Although soft law is different from thehard law, which plays the role as national force as a backup, soft law still norms themulti-party cooperation and political consultation system and the People’s PoliticalConsultative Conference work and activities relying on its constraining force. Some of thesesoft laws are being guidelines og consultation democracy work and showing the generaldirection of the organization from a macro perspective, some of these regulate the specificdetails of the work from the microscopic point of view. They complement with hard law toprovide legal protection for the smooth development of deliberative democracy in ourcountry. Deliberative democracy mainly relying on soft law regulation shows the characteristics such as openness, responsiveness and participatory in practice. These aresufficient to prove that soft law is a legal form that suits for the development of deliberativedemocracy. However, the development of the form of deliberative democracy in ourcountry’s shows many problems that worthy of paying attention: the legal system is notperfect enough and the statues of the subject are not quite equal, the structure of ConsultativeOrganization is too simple, the composition of People’s Political Consultative Conferenceneeds to be adjusted. These problems may become a stumbling block to the road of China’ssocialist democracy if left unresolved, the article gives the strategies and methods to solvethese issues in Chapter four.

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CLC: > Political, legal > China's political > Political system and national institutions > Chinese People's Political Consultative Conference
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