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Political Consultation System of Soft Law Operation Mechanism Research

Author: ZhangZuo
Tutor: LiangJianBing
School: Liaoning Normal University
Course: Legal Theory
Keywords: deliberative democracy soft law operation mechanism the people’s politicalconsultative conference
CLC: D921
Type: Master's thesis
Year: 2013
Downloads: 46
Quote: 0
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Abstract


As a kind of soft law operation mechanism, the communist party of China leads themulti-party cooperation and political consultation system, the Chinese people’s politicalconsultative conference is its concrete manifestation, is theory, party theory and unitedfront of democracy theory and the combination of the soft law practice in China, it is notonly the original creation of China’s political system, as well as the important componentof nearly half a century in our country’s political life plays a very important role, also bythe people more and more attention.In terms of the theoretical foundation of the mechanism of this kind of soft law, thepolitical consultation system is the deliberative democracy theory as its main theoreticalfoundation. Deliberative democracy theory is the west in the1980s the product of specifichistorical background. Though historical background and national conditions of China isdifferent from the west, but also between different civilizations can learn from each other.Deliberative democracy theory emphasizes the mechanism of rational discussion, toparticipate in the negotiation, and compromise to each other not only in western countries,but also in China. The consultative and equality is the characteristics of deliberativedemocracy and the essence of soft law operation mechanism. And this through rationaldiscussion, participation, negotiation and implementation of soft law mechanism requiresparties to agree on common issues as much as possible, is it, on the mechanism of aflexible soft democracy, or democracy. In soft law in legal operation mechanism is acompact, it and the political consultation system consultative and equality natural coupling;At the same time, more important, soft law is running the soft binding characteristics andinformal characteristics of Chinese people’s political consultative conference (CPPCC)program is also fully coupled.In terms of specification of this soft law mechanism based on people’s politicalconsultative conference, though participate in country management, but not so thespecifications state organs the hardening mechanism of simply for people’s politicalconsultative conference. Because the constitution of the people’s political consultativeconference is not determined by the formal institutions of state, it is a important impact onthe country’s political life and social life of the political organizations, informal, or, in thefield of CPPCC is actually a political organization the most typical soft law practice. So thehardening mechanism to adjust the political consultation system is impossible and unrealistic, we can only, also must use soft law operation mechanism to realize thefunctions of the CPPCC and role, and to the rule of law and democracy in China have apositive impact and drive.This article is divided into four parts, based on the theory of deliberative democracytheory, with soft law operation mechanism of equal consultation and compromise as thebasis, using the historical comparative analysis method to describe the history of politicalconsultation system, using empirical analysis method summary analysis politicalconsultation system of norms, procedures and effectiveness. The political consultationsystem of soft law governance as a core theory and point of view, this article finally inparsing Guangdong pilot reforms of CPPCC of political consultation system on the basis ofsoft law operation mechanism system design and construction specifications.The first chapter of this paper mainly introduces the theory of deliberative democracy.Firstly introduces the theory of deliberative democracy and to revive the background.Secondly introduces the Chinese and foreign scholars for deliberative democracy conceptdefinition and its related concept discrimination. Finally, this paper introduces severalkinds of deliberative democracy form types and practice.In this paper, the second chapter mainly introduces the Chinese political consultationsystem. Firstly introduces the establishment and evolution path of the Chinese politicalconsultative conference. Secondly introduces the system structure and operationalmechanism of China’s political consultation system. The last of this chapter for thepolitical consultation system and the system of the United States senate has carried on thesimple comparison, analysis of the Chinese people’s political consultative system and thesystem of different, and its advantages.This article third chapter main content is political consultative system and thecoupling relationship with soft law operation. First introduces the basic theory of theoperation mechanism of soft law, secondly on the basis of the theory of soft law operationmechanism to analyze the political consultation system. Finally, the rule of soft law andstatus quo of China’s political consultation system has carried on the descriptive research,pointed out the lack of standardization and institutionalization degree of current politicalconsultative system.In this paper, the fourth chapter is divided into two parts. The first part simplyanalyzes the "Guangdong model" Chinese people’s political consultative conferencedemonstration significance. The second part is from the superiority of the Guangdongprovincial political consultative procedures put forward several Suggestions to perfect ourcountry’s system of political consultation. Eventually come to the conclusion that China’s political consultative system is the system of national superiority extremely, has thedistinct Chinese characteristics. Improve the system of political consultation should notonly draw lessons from the advanced deliberative democracy theory and throughperfecting operation mechanism of soft law to regulate people’s political consultativesystem, realize the institutionalization and legalization of the Chinese people’s politicalconsultative conference.

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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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