The "subject" of electoral democracy and deliberative democracy is democracy, human based on the core concept of "majority rule", this concept of democracy, direct or indirect management state, managing the society, realize self value of important ways and means, and form. In the modern state, on the nature of democracy is a matter of constitution and government, and power and rights, the nation and the citizen, legitimacy and illegal constitutional issues. Electoral democracy is the prerequisite and fundamental problem of the modern democratic state and its constitution. It can be said, there is no election democracy, there is no recognized democracy in the world, there is no true embodiment of public opinion of the state constitution. Under the vision of the world constitution, deliberative democracy is a new thing, it is a new way of democratic movement, and it is a supplementary means and supplementary means for the election of a long history and widely adopted. China's Constitution clearly stipulates that the system of multi-party cooperation and political consultation under the leadership of the Communist Party of China must exist and develop for a long time, but the basic political system is not equal to the "deliberative democracy" in our country ". In the political life of our country, deliberative democracy is not only the democratic parties and non partisan politicians consultation, participation in politics an important form of democracy, is about political subjects before and after the decision of electoral democracy an important supplement, but this operational level of "deliberative democracy" form, in the constitution of the people's Republic of China is also a lack of normative state system arrangement. With the Constitution and the Constitution in the way of thinking to explain the operational level democratic elections in essence is a kind of state, state power and civil rights, and the negotiation on the nature of democracy is a democracy, form of democracy and democratic means, in essence these don't belong to the same level of operation form, way, method and means of democracy, both of which in many ways is can complement each other, complement each other, complement each other.
China's electoral democracy and its constitutional nature
Democratic election as the starting point of the "national form" vertical democracy is that people enjoy and exercise the sovereign power of the country, through a referendum, direct election, indirect election election, representatives, leaders of national institutions, ruling party subject, established, or continuation of the regime and its mechanism, maintain the Constitution and polity, ensure the orderly operation of the state machine of a kind of important national system and operation mechanism. The essence of democratic election is a representative form of government under the people being the masters of the country, people enjoy the most broadly true of civil rights and state power, in accordance with the Constitution and laws to manage state and social affairs and manage economic and cultural undertakings. In the system design and the concrete practice operation level, democratic elections sometimes can also be referring to the citizens the right to vote and to be elected or to democratically run a specific methods, or refers to the democratic process of a specific program system, and so on. So it can be said, there is no democracy, there is no democracy. Election democracy is the foundation of democratic politics and the channel of political participation.
Under the current constitutional framework and legal system of our country, electoral democracy is an important part of the democratic system of the state constitution. Provisions of the Constitution and laws of our country about the democratic election abound, the constitutional system arrangement fully supported the republic regime and the people are the masters of the state power system. In the current constitution of our country, there are 29 "election" "
The concept of "right to vote". For example, Article III of the Constitution stipulates: "the National People's Congress and the local people's congresses at various levels are formed through democratic elections"; Article 34 stipulated: "the people's Republic of China aged citizens 18 years of age... All have the right to vote and to be elected, "the sixty-second rule: the National People's congress...... To elect the president and vice president of the people's Republic of China, the election of the chairman of the Central Military Commission, to elect the president of the Supreme People's court, procurator general of the Supreme People's Procuratorate election; ninety-seventh stipulates: "the provinces, municipalities directly to the people's Congress of a lower level people's Congress election; the people's Congress of a county, the city divided into districts, municipal districts, townships, nationality townships and towns representative election" directly by the voters; 101st stipulates: "the local people's congresses elect, and have the right to recall the people's Government of the governor and deputy governor, mayor and deputy mayor, governor and deputy governor, mayor and deputy mayor, and mayor vice mayor, mayor and vice mayor".
In our country constitution law level, the direct provision of electoral system in the national law has three, they are: on behalf of the electoral law of the National People's Congress and the local people's congresses at various levels and the Standing Committee of the National People's Congress on below the county level deputy to the National People's Congress for the direct election of a number of provisions, the Chinese people's Liberation Army election of the National People's Congress and at or above the county level in the local people's congresses at various levels. In the current effective 35 constitutional law, as well as representatives of method, the local people's congresses and the organic law of local governments, Organic Law of the National People's Congress, court organization law, procuratorate organization method, law judges, procurators, residents committee organization law, the organic law of villagers' committees and other laws, specifying the democratic election system. In addition, in other departments of the trade union law, the law on the protection of women's rights, criminal procedure law, civil procedure law, the public security management punishment law laws, to varying degrees, provides legal protection of citizens the right to vote and to be elected.
The visible, in the Constitution and relevant laws of our country level, the core meaning of democratic election is a form of state, a national political system, is an important part of the system of the people's Congress of China and the democratic foundation, is a basic right of the citizen of our country. This is because the National People's Congress and the local people's congresses at various levels are by the people in accordance with the provisions of the Constitution and the electoral law through democratic elections produced. Deputies to the people's congresses at all levels entitled to attend sessions of the people's Congress, consideration of all proposals and reports and put forward a proposal for addressing inquiries and dismissal of the case, proposed a motion and criticisms and suggestions, to participate in the assembly elections and voting rights, enjoy speaking and voting rights of exoneration. Deputies to the people in charge of the people, by the people's supervision, and strive to serve the people. This on the basis of democratic elections, through the constitution of the people's Congress system, the people are the masters of the democratic rights and national sovereignty power closely together, combine closely the dominant position of the people and state power, the country's political system, the principle of the sovereignty of the people the concrete implementation of national fundamental and basic political system.
The system of people's Congress as the basic organization form of state power, from the government on the effective realization of the unity of people's democratic rights and the nature of the state, fully embodies the "all power in the people's Republic of China belongs to the people," the fundamental principle, effectively ensure the people of all ethnic groups in the country implemented in accordance with the law democratic election, democratic decision-making, democratic management and democratic supervision, enjoy the prescribed by the Constitution and the law of the extensive democratic rights and civil rights.
Electoral democracy in China's new regime of constitutionality and people's Congress system to establish a comprehensive importance, from the formulation of catch a glimpse of the background of the constitution of 1954. As is known to all, in 1949, the establishment of new China was not achieved through the development of a constitution, but to play the role of the provisional constitution of the common program as the basis for the establishment of the. Under the common programme, the state has not formally established the political power organs through democratic elections, but by the Political Consultative Conference for the time being to exercise the power of the people's congress.
In 1952, Liu Shaoji gave a letter to Stalin about why the new China was not eager to make a constitution. Liu Shaoqi in the letter said: because China currently has a common programme, and the good prestige in the sectors of the masses and, in the current transition period to the common programme for the fundamental law of the state, can go. If at present to develop the constitution, the vast majority of the relationship between the bourgeoisie and the petty bourgeoisie, or to repeat the common programme. There will be no change, but the form of the provisions and the name of the common programme. Therefore, we consider whether the current transition period can be temporarily not to develop the constitution, and to replace the Constitution with a common programme, to be basic in China after entering the socialist development of a formal socialist constitution. Stalin in favor of the Communist Party of China (CPC) idea about the transition to socialism, but Stalin put forward at the same time, the CPC should resolve the legitimacy through elections and constitutional, to convert one party government is realized through the election shall will convene a session of the National People's Congress and advance the development of the constitution of the time. Stalin also said: "you can be elected in 1954 and through the constitution." By the end of 1952, the Central Committee of the Communist Party of China according to the actual situation of our country, while carefully considering the and accept the Stalin's proposal, decided to be held as soon as possible a session of the National People's Congress and the constitution, and to the National Committee of the CPPCC proposal, by the Chinese people's Political Consultative Conference (CPPCC) to the Council of the Central People's government proposed to convene regular session of the National People's Congress of the proposed [1].
From the above decision process is not difficult to see that the National People's Congress to be formed through democratic elections and constitution to solve China's new regime and legitimacy of the Communist Party of China, constitution, is the CPC Central Committee decided to convene the first session of the National People's Congress of conferences and develop an important impetus for the constitution of 1954.
There is no real electoral democracy, representative democracy. The democracy is the meaning of a state, democratic election is closely linked with representative democracy (on behalf of) political philosophy and national regime design. Marx pointed out: "in the monarchy in the state system is people; in the democracy is the people's national system. The unique features of democracy, is the National People's existing link system is in any case...... Not the state system to create the people, but the people to create the national system." [2]
Marx made a further design asked: "whether people have the right to create a new state system for yourself?" he replied said: "the answer to this question should be is absolutely certain, because national system if no longer really express the people's will, it becomes the titular things." [3] the main way to create the state system after the state power is the election of democracy. In 1940, Mao Zedong in the "new democracy" in the interpretation of the people's Congress system design, said: "there is no proper form of government organs, it is not representative of the state. China can now take the National People's Congress, the provincial people's Congress, the county people's Congress, the District People's Congress until the Township People's Congress system, and the election of the government at all levels of the general assembly. But it is necessary to carry out the election system, which has no gender, belief, property, education and so on." [4]
Lenin on the eve of the October Revolution in Russia said: "do not realize democracy, socialism can not be achieved. This includes two meanings: (1) the proletarian if not in the democratic struggle for socialist revolution ready, it cannot be achieved the revolution; (2) victory of socialism if you do not implement the full democracy, it will not be able to maintain the achieved victory, lead the people to the national demise." [5]
Deng Xiaoping also pointed out that without democracy, there would be no socialism, and there would be no socialist modernization. Here to talk about the "democracy", is refers to the proletariat to take all means to win the battle of democracy and the rise in their own ruling class and grasp the state power; the second is refers to through a form of democratic election, representative organ of the people, to formulate the Constitution and laws, to establish and consolidate its national power; the third is from the state to maximize the realization of "democracy is the intention of the majority ruling through the people universally true enjoy voting rights and voting rights of democratic election, ensure the broad masses of the people are the masters of the country. In the theory of Marx's theory of democracy, the idea of electoral democracy is a kind of political system and political system of the people to master the state power and to realize the rule of the majority. Therefore, from a certain sense can be said that democratic election is the fundamental requirements of representative democracy, is an independent country, the constitutional base of our country, China's people's Congress system a basic and premise of system.
Two, China's deliberative democracy and its political nature
Deliberative Democracy (Deliberative democracy sometimes also translated as "deliberative democracy"), is in the late 20th century international academic circles began to pay attention to the new field, it emphasizes in the context of a pluralistic society, the public interest as the goal, through the citizen's universal participation, decision-making and legislation of public affairs to reach a consensus. After combing the research, I think that the international deliberative democracy theory has experienced three stages since the rise: "the first stage of deliberative democracy theorists established the standard of deliberative democracy. Such as Habermas and Rawls, mainly discusses the deliberative democratic norms of legitimacy, rational communication form of communication will lead to a preference for change, and contributed to reaching a consensus, the complexity but did not take into account the social thought. The deliberative democracy theorists of the second stage, such as Boman, Gutmann and Thompson, that negotiations must in recognition of cultural diversity and social complexity based on, in order to develop has the practical significance of deliberative democracy, but what can guarantee in the complex society, deliberative democracy, but did not provide enough detail. The third stage theorists of deliberative democracy emphasizes deliberative democracy "empirical turn", such as barber, Bartlett, Ou Fulin and Parkinson's, trying to to seek through the empirical evidence of the practice of deliberative democracy system, so as to promote the combination of specification of deliberative democracy theory and empirical research. [6]
, of course, our country academic circles generally believe that deliberative democracy theory of socialism with the western theory of deliberative democracy with Chinese characteristics, in the economic basis, social system, political system, cultural background, the social class foundation, the political system, are essentially different and significant differences, we can not copy copy the western theory of deliberative democracy. Currently in the language situation in China, "deliberative democracy" becomes becoming democratic political theory study of a "hot word", the concept of "deliberative democracy" there are various presentation of academic and different theoretical perspectives [7].
For example, there is a summary of the study that the definition of deliberative democracy has the following main points: first, the form of governance theory. Some scholars believe that deliberative democracy is different political parties, political organizations and citizens through participation in legislation and decision-making, to give legislation and decision-making in the form of legitimacy of governance.
Two is the theory of public decision-making. Some scholars believe that deliberative democracy is different political parties, political organizations and citizens through equal dialogue, discussion, consideration and other means, to participate in public decision-making and political life. Three is the theory of democratic form. Some scholars believe that deliberative democracy is a form of democracy in a certain political community through dialogue, discussion, negotiation, communication and other forms of participation in politics. Four is the compromise theory. Some scholars believe that deliberative democracy is not only a form of democracy, but also a democratic decision-making process and mechanism, or a form of national and social governance. Although the emphasis of these views are different, but it is believed that deliberative democracy should have important characteristics such as consultation, equality, legitimacy, etc., with dialogue, consultation, communication, hearing, communication and other forms." [8]
From the "deliberative democracy" in our country have the development history and documents of the Central Committee of the regulations, the concept refers mainly to a form of democracy, democratic means, it and "democratic elections" in many aspects are not be mentioned in the same breath. Needs to be pointed out is that Western deliberative democracy theory of the English "Deliberative" (negotiation) a word. Its original intention is "consideration, agreement, review to discuss the", in China in the 1980s and 1990s, "Deliberative democracy" usually translated as "deliberative democracy" and "deliberative democracy" [9], and "deliberative democracy" only later to certain realities of our country democratic consultation theory research needs to adjust and change. China's Political Consultative Conference of the vocabulary of the Chinese "consultation" with the word "consultative" word, such as the Chinese people's Political Consultative Conference "theChinese people's Political Consultative Conference, the intention of the English is" consultation, negotiation, consultant, consulting the ".
In English world, "Deliberative" and "Consultative" both of the English word meaning is a distinct difference. It should be said, the English expression "ConsultativeDemocracy" was more in line with our current for the "deliberative democracy" understanding, but as a result, our country's deliberative democracy theory and military pass "consultative democracy" DeliberativeDemocracy on the theory origin of dislocation and different, the latter for the former provides theoretical and Academic Legitimacy prove effectiveness will be greatly reduced. From the point of view of the constitution, the plenary session of the Chinese people's Political Consultative Conference first held and "common program" a series of constitutional legal document formulation, "marks the 100 years to the Chinese people's struggle for national independence and people's liberation movement achieved a great victory for the history, is the symbol of the patriotic united front and the unity of the people in the organization fully formed, marks the multi-party cooperation and political consultation system under the leadership of the Communist Party of China formally established", opened a new chapter in the new Chinese Deliberative Democracy and electoral democracy. "People's Political Consultative Conference has made great contributions to the establishment of new China." [10]
On September 22, 1949, Mao Zedong in the plenary session of the Chinese people's Political Consultative Conference of the first session of the opening speech pointed out: "the Chinese people's Political Consultative Conference on their agenda will be to develop the organization law of the Chinese people's Political Consultative Conference, make the organic law of the people's Republic of China Central People's government, the development of the common programme of the Chinese people's Political Consultative Conference, the election of the Chinese people's Political Consultative Conference National Committee, the election of the people's Republic of China Council of the Central People's government" [11].
The first plenary session of the Chinese people's Political Consultative Conference, adopted in September 23, 1949, [12], clearly stipulates the procedure and content of electoral democracy. For example, the rules of the three provisions: "Chinese people's Political Consultative Conference plenary meeting, on behalf of all the total amount of the above attendance must be, the beginning of the meeting was declared, must have attended representing one of the two points above the approval or disapproval, began a resolution was established. In favor of and against the same number depends on the chairman." The fourth rule: "all representatives of the Chinese people's Political Consultative Conference of the Chinese people's Political Consultative Conference shall have the right to vote. Alternate representatives have the right to say, without the right to vote." Fifth provisions: "the motion on the discussion of the voting rules are as follows: (1) the general resolution of the vote by hand. (2) at the moment of the following circumstances, the chairman may adopt a stand up manner to vote".
1949 September 23, Dong Biwu "after the people's Republic of China Central People's government organization law draft and basic content of the report" [13] in the principle of a new government organization explained: "the principle of democratic centralism and its specific performance is the governments of the people's Congress system. That the people of the people's Congress and the people's governments at all levels shall exercise state power. Deputies to the people's congresses at various levels are elected by universal suffrage by the people. People's governments at all levels of the people's congresses at various levels." In September 27, 1949 through the "Chinese people's Political Consultative Conference Organization Law" [14], there are 8 terms will be "consultation" as a verb to use.
For example, the organization law of the second provisions: "where the cost of the organization law of the first article of the provisions of the democratic parties and people's organizations, the CPPCC National Committee agreed to participate in the Chinese people's Political Consultative conference." Article 3 provides that: "each session of the Chinese people's Political Consultative Conference plenary meeting of the participating units and places for and on behalf of the candidate, determined by the last Chinese people's Political Consultative Conference National Committee for consultation, but the first by the Chinese people's Political Consultative Conference preparatory consultations." The functions and powers of the National Committee of the CPPCC National Committee of the CPPCC National Committee of the CPPCC National Committee of the CPPCC National Committee shall include: thirteenth...... The joint candidate list, consultation and decision of the next Chinese people's Political Consultative Conference of the participating units, places and representatives of the candidates, consultation and deal with other issues related to the internal cooperation of the Chinese people's Political Consultative conference. The eighteenth article stipulates: "the Chinese people's Political Consultative Conference of local committees, for the local democratic parties and the people's organizations to negotiate and ensure the implementation of the resolution of the organs." At the same time, the organization law has 6 terms clearly used the concept of "election". For example, the seventh rule: "the Chinese people's Political Consultative Conference of the people's Republic of China, the Central People's Government Committee," the Chinese people's Political Consultative Conference of the National Committee of the Chinese people's Political Consultative Conference of the people's Republic of china." The ninth article stipulates: "the Chinese people's Political Consultative Conference of the whole set of the chairman, the plenary session of the election." The tenth article stipulates: "the people's Political Consultative Conference of the Chinese people's Political Consultative Conference shall be set up by the secretary general, and shall be elected by the general assembly." Fourteenth provisions:
"Members of the National Committee of the Chinese people's Political Consultative Conference and alternate members of the National Committee of the Chinese people's Political Consultative Conference of the people's Political Consultative Conference of the election of the." The sixteenth article stipulates: "the National Committee of the Chinese people's Political Consultative Conference is set up by the secretary general, and is elected by the National Committee." Play a provisional constitution of the common programme is in Zhou Enlai became the drafting team leader's leadership, after all democratic parties and representatives of the various aspects of repeated research, careful discussion, by the Communist Party of China (CPC) responsible for drafting, and by the plenary session of the Chinese people's Political Consultative Conference first on September 29, 1949 through. Based on the people's democratic political, based on the united front of democracy, by way of deliberative democracy and electoral democracy, resulting in a as new China legally constituted authority "common program". The "common program" in the provisions of Article 4, Article 12, Article 13, and many provisions of the "right to vote and the right to be elected" "universal suffrage" "elections," and so on, the democratic election stipulated directly as an important part of political life in the country. The common program, although there is no direct provision "deliberative democracy" of the various systems, procedures and methods, but the establishment of the people's Republic of China and the common programme itself is the Chinese Communist Party and the democratic parties, people's organizations, no representative of the people of the democratic parties and other units through the "deliberative democracy" has been the biggest political achievement. Therefore, in a certain sense, it is the Chinese people's Political Consultative Conference to "deliberative democracy" and other forms of democracy in the establishment of new china. As the "common program" declared ": the Chinese people's Political Consultative Conference on behalf of the people of the country, the establishment of the people's Republic of China, the people's Republic of China, the central government of the people's Republic of china." This is the people's Political Consultative Conference of the people's Political Consultative conference".
From the point of view of the constitution, the Chinese people's Political Consultative Conference (CPPCC) reason to consultation and the founding of the people's Republic of China, not because take the way of "deliberative democracy", but mostly because "of the Chinese people's Political Consultative Conference is held on the basis of completely new, and representatives of the National People's, it won the trust and support of the people of the whole country. Therefore, the Chinese people's Political Consultative Conference announced the implementation of the National People's Congress, the terms of reference [15]. In other words, the Chinese people's Political Consultative Conference (CPPCC) reason with the establishment of new China's constitutionality and legitimacy, in the power source is from "the National People's Congress's mandate", and not the inherent power and legitimacy. Due to the specific historical condition at that time, we can not immediately implemented national election and held the sessions of the National People's Congress, so by the Chinese people's Political Consultative Conference "announced" the functions and powers of his acting National People's Congress, and then have the right to make a provisional constitutional law nature of the "common program", develop the Political Consultative Conference of the organization law of the Central People's Government Organization Act ", decided by the new Chinese name, country, calendar, national anthem and flag, chairman of the election of the Central People's government. As Dong Biwu in "after the people's Republic of China Central People's government organization law draft and basic contents of" the report pointed out that: "before the election of deputies to the National People's Congress, by the plenary meeting of the Chinese people's Political Consultative Conference, the conference, hold the functions and powers of the National People's Congress, the election of the people's Republic of China Central People's Government Council and pay to exercise the functions and powers of the state power." [16]
Of course, in the new Chinese constitutional history, the first session of the CPPCC from 1949 to 1954 five years is a special five years. "This time people's Congress meeting has not been held, the CPPCC National Committee, on behalf of the people's Congress of some of the terms of reference; at the same time during this period in our country is still in transition from New Democracy to the socialist transition period. Therefore, the position, function and function of the people's Political Consultative Conference of the people's Political Consultative Conference in this period are not easy to compare with the previous Political Consultative Conference." [17] after 60 years of practice and development, deliberative democracy today is a unique form of China's socialist democratic politics and the unique advantages of, is an important manifestation of the mass line of the party in the political field, is the important content of deepening the reform of the political system. To strengthen the construction of deliberative democracy, to expand citizens' orderly political participation, the better to achieve the right people are the masters of the, is conducive to promoting scientific and democratic decision-making, and promote the modernization of national governance systems and governance capacity, is conducive to resolving conflicts and promoting social harmony and stability, is conducive to maintaining the flesh and blood ties between the party and the people, consolidate and expand the party's ruling foundation, is conducive to give full play to the superiority of China's political system, enhance Chinese characteristic socialist road self-confidence, theory of confidence, confidence in the system.
Three, the relationship between electoral democracy and deliberative democracy in the perspective of the constitution of our country
It is not difficult to see from the brief combing of historical documents, in the process of establishing new China, deliberative democracy and electoral democracy are coexisting and used. But from the point of view of the establishment of the people's Republic of China, as the country's basic political system in the form of the Chinese people's Political Consultative Conference, through deliberative democracy and other forms, vested in the National People's Congress of the authority for the creation of new China has played a crucial role. At this time the electoral democracy, because does not have the democratic election and the state structure form of political organization. Therefore, mainly through democratic rights, democracy, democratic procedures, democratic elections and play a role.
With the national popular vote on the basis of the first session of the National People's Congress and the convening of the 1954 Constitution Making and democratic election is determining the state constitution as an important part of the fundamental political system of people's sovereignty and state power and become the people being the masters of the most fundamental democratic and political rights.
"In 1954, after the convening of the meeting of the National People's Congress, the Chinese people's Political Consultative Conference (CPPCC) as a multi-party cooperation and political consultation mechanism, as a united front organization continue to play an important role in [18], but its nature and functions has occurred significant changes in [19]. By the end of 1954, Mao Zedong in the article of "the nature and task of the Chinese people's Political Consultative Conference", to the Chinese people's Political Consultative Conference (CPPCC) is state organ or people's organizations have made from a strategically advantageous position of the answer. He said: "the nature of the CPPCC is different from the state organs of power - the National People's Congress, it is not the state administrative organs. It is said that the National Committee of the CPPCC National Authority to equal or roughly equal to the state organs, it is to note that it is valued. If so, then the Communist Party no constitutional right, can not make laws, cannot give orders, only suggestions, whether it is not important? Can't see it that way. If the CPPCC National Committee also to state organs, it will be a country of two, is not enough. To distinguish between each of the functions and powers." [20]
Mao Zedong pointed out that the nature of the people's Political Consultative Conference is different from the state organ of power...... People's Congress and the State Council is the organ of state power and the national regulatory authorities, if the Chinese people's Political Consultative Conference (CPPCC), into the state organs, it becomes dual the, duplicate, decentralized, democratic centralism just doesn't make sense. The CPPCC is not only people's organizations, and the parties negotiated authority is a partisan office." [21] although in 1954 after the Chinese people's Political Consultative Conference (CPPCC) no longer functions vested in the National People's Congress, but deliberative democracy as a kind of effective democratic ways, as a kind of Chinese characteristic democratic procedure technology, is still widely used. Since the reform and opening up, with the continuous development of the socialist democracy with Chinese characteristics, deliberative democracy subject continues to expand, constantly enrich the content, form of continuous improvement, is applied more and more widely, to continue to enhance the effect, in our country's democratic political life plays becomes more and more important roles, which plays an important role in an increasingly indispensable.
Based on the above understanding, we may of electoral democracy and deliberative democracy mainly as follows: first, understand the difference in democratic theory, democratic election is the inevitable choice of representative democratic theory, deliberative democracy is an important form of elite democracy theory and the theory of participatory democracy; second, at the national level of the political system, election democracy is an important part of the national fundamental political system, deliberative democracy is the main form of the national basic operation of political system; third, in the Democratic operation level, electoral democracy is the starting point of the vertical democracy, deliberative democracy is an important form of horizontal democracy; fourth, in the Democratic function level, electoral democracy is generally dominant democracy, deliberative democracy is democracy subsidiary; fifth, in a civil rights level, electoral democracy is the basic political of all citizens Rights and deliberative democracy is on the part of the citizen favour or care; the sixth, at the level of the authority of the national constitution, the electoral democracy is important carrier and system of national sovereignty and regime, deliberative democracy is does not have the political arrangements for the validity of the Constitution and the law; the seventh, at the level of democracy and efficiency, the democratic election is both democracy and efficiency of decision democracy, deliberative democracy is democracy and superabundant compromise democracy and efficiency. From the perspective of China's constitution, the relationship between electoral democracy and deliberative democracy can be analyzed from the following aspects.
Electoral democracy and deliberative democracy on the level of national power
Marxism thinks: "the first step in the revolution by the working is the proletariat rise for the ruling class, to win the battle of democracy" [22], grasp the state power. After the proletariat by way of revolution to seize state machine, grasp the state power, it is necessary to establish themselves masters of the new country and the new regime through democratic elections. In socialist countries, the political premise of electoral democracy is the sovereignty of the people, the people become the masters of the state and society, and all the power of the state comes from the people and belongs to the people. The political nature of electoral democracy is based on universal suffrage to all the people in power. Because of the big country, population, traffic inconvenience, the proletarian regime cannot guarantee every citizen can directly to the organs of state power to exercise the state power, the management of state and social affairs and manage economic and cultural undertakings, but can only take the people's Congress of representative democracy, by directly and indirectly elected by the people, elected their representatives to the organs of state power on behalf of all the people exercise state power. In the civil war in France, Marx summed up the revolutionary experience of the Paris commune, saying: "the community is composed of the Municipal Committee elected by universal suffrage in the District of Paris. These members are responsible to the voters and can recall them at any time. Most of them are naturally represented by a worker or a recognized working class." [23] Lenin in the Soviet political power construction is discussed also pointed out: "in socialism, 'original' democracy a lot of things are bound to revive, because the masses of the people in the social history of civilization the first-ever stood up, not only independently in votes and elections, and participate in the daily management." [24]
Our country constitutional preamble pointed out: "in 1949, with Chairman Mao Zedong as leader of the Communist Party of China led the Chinese people of all ethnic groups, after experienced a long-term arduous armed struggle and other forms of struggle, and finally overthrew the rule of imperialism, feudalism and bureaucrat capital of humanism, won a great victory in the new democratic revolution, the establishment of the people's Republic of China. Since then, the Chinese people have grasped the power of the state and become the masters of the country."
In the Constitution and legal framework of our country, deliberative democracy is neither a state power nor a public power, nor a citizen's right or private right. Deliberative democracy is now mainly a form of democracy, democracy, democracy, democracy, democracy, democracy, democracy, democratic means, democratic responsibility.
(two) electoral democracy and deliberative democracy at the national level
The necessity and significance of electoral democracy in a democratic country is self-evident. Lenin has long said: no parliamentary system, there is no electoral system, the working class will not have such a development." [25] Lenin also believes that the proletariat must get rid of the drawbacks of the bourgeois parliamentary system. Way out of the parliamentary system, of course, is not the abolition of representative institutions and the electoral system, and is the representative office by idle talk Museum into "work" mechanism. The commune should not be parliamentary, but should be responsible for the work of the institutions, administrative and legislative institutions." [26]
The Soviet is the direct organization of the exploitation of the masses of the working people, it is easy for these people to use all possible means to build the country and manage the country [27]. Soviet democracy enable workers vanguard to lead the majority of the exploited masses, absorb them to take part in political life of independence, according to their personal experience on political education, it is the first time start really make all the people are learning management, and management.
The people's Congress system is our country's system of government, is the country's fundamental political system, is the basic organizational form of the state power. The second article of our Constitution clearly stipulates: "all the powers of the people's Republic of China belongs to the people. The organs in which the people exercise state power are the National People's Congress and the local people's congresses at various levels." General Secretary Xi Jinping in "in celebration of the National People's Congress established the 60th anniversary of the speech" pointed out that ": the implementation of the people's Congress System in China is Chinese people's great creation in the history of human political system, is a profound summary of modern China's political life after the bitter lesson drawn the basic conclusion, is Chinese society 100 years of intense change, stirring the result of historical development, is the Chinese people stand up decisions, inevitable choice to master their own destiny."
In the system of people's Congress, democratic elections from three main aspects ensures the position of the people as masters of the country: one is the deputies elected by the people, responsible to the people and subject to the supervision of the people. This has achieved the Democratic authorization of all the people through the election of the democratic rights of the people's Congress on behalf of the people's congress. Second is produced by elected directly or indirectly elected deputies to the NPC, deputies to the National People's Congress and local people's congresses at various levels, as the highest state power organs and local organs of state power, on behalf of the people exercise state power. This is achieved by all the people of the National People's Congress and local people's congresses at all levels in the exercise of state power of representative democracy. Three is the state administrative organs, judicial organs and procuratorial organs at the same level people's Congress elected or decided to produce, it is responsible for it, subject to its supervision. This is achieved by the government and the people's congresses of the people responsible, under the supervision of the people's democratic constitutional. In a certain sense, in China at the beginning of the establishment of, does not have democratic elections, there is no the establishment of the National People's Congress and of the people's Republic of China the first constitution, there is no new Chinese state system of people's democratic dictatorship based on the form of government to establish a real, there would be no new China state regime legitimacy and the legitimacy of the full establishment; in the coordination of promoting "four overall" strategic layout. No democratic elections, there is no people's democracy and comprehensive of the rule of law, there is no the modernization of socialism with Chinese characteristics and governance of the country.
The preamble to the Constitution clearly stipulates: "is a broadly representative organization of the united front of the Chinese people's Political Consultative Conference, which has played a important role in history, future in the national political life, social life and friendship with other countries and, in the socialist modernization construction and the maintenance of national unity and unity struggle, will further develop its important role. The system of multi party cooperation and political consultation under the leadership of the Communist Party of China will exist and develop for a long time." This suggests that the our country constitution attaches great importance to the evaluation and deliberative democracy, multi-party cooperation and political consultation system under the leadership of the Communist Party of China as a basic political system of our country will exist for a long time and the continuous development and improvement of, but in the framework of the constitution of our country, deliberative democracy is not the state institutions of constitutional arrangements, also not the national government's constitutional part. On 9 February 2015 the Central Committee of the Communist Party of China issued "on the strengthening of the views of socialist democracy construction", clear requirements shall strengthen the construction of the "National People's Congress consultation", the people's congresses at all levels to their duties according to law, in before major decisions according to the need for full consultation; to carry out consultation legislative work, good people's Congress to play a role in the deliberative democracy, encourage National People's Congress at the basic level in the process to perform their duties according to law to carry out consultations, and so on. These Provisions are an important innovation and development of the socialist democratic politics with Chinese characteristics, and it is of great significance to strengthen the system of the people's Congress system.
(three) electoral democracy and deliberative democracy at the level of civil rights
Civil political rights and fundamental freedoms enjoyed by the Constitution and the law are the preconditions of electoral democracy. In other words, for citizens, the constitutional form of electoral democracy is mainly embodied in the citizens' right to vote and the right to be elected, as well as the relevant equal right, supervision right, freedom of speech and so on.
The right to vote and the right to be elected directly from the political rights of the people's sovereignty. In a democracy, the people's sovereignty can be through direct democracy can also through indirect democracy way to exercise, but in direct democracy usually do not need election, the right to vote and the right to be elected is often the product of indirect democracy. In the socialist countries, as the civil rights of the electoral democracy reflects the higher equality, universality and authenticity. Lenin pointed out: "Soviet organization very deeply and widely development the marks the bourgeois democracy even the great historical progress aspect, namely, the residents to participate in the election of public officials than in the medieval period. In any one of the most democratic bourgeois countries, the working people have never been as widespread as in the Soviet regime, as often, as widespread, so simple to exercise the right to vote, [28]. And "universal suffrage before has been misused, or as the parliamentary approval of divine state power tools, or as a plaything in the hands of the ruling class, just let people every few years exercised a, under the system of parliamentary elections the ruling class of tools; and now, universal suffrage has been applied to its real purpose:
Elected by the commune of their administrative and legal public officers to create the law [29]. Democratic election as civil and political rights is by the Constitution and the electoral law clearly defined "legal right", is also the most basic political rights of citizens; not only by the provisions of the domestic law of basic rights and by the basic human rights of international law, with non under the due process of law shall not be deprived, shall not be restricted, shall not be transferred the sanctity of. The election as a citizen of a political right, a basic human rights and democracy, has the following characteristics: one is the subject of right of electoral democracy is clear, which citizens enjoy the right to vote and to be elected, what citizens do not enjoy this right or be deprived or limited the rights are clearly specified in the Constitution and the law; two is electoral democracy, rights of way such as time, place, and other legal procedures, vote, exercise of this right must be carried out in accordance with the law; three is the election of democratic rights of equality, of the people's Republic of China citizens eighteen years of age, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status and length of residence, have the right to vote and to be elected; four is the election of democratic rights actionable, a Once the illegal invasion, will get the judicial relief and protection. For example, Article 181 of the Civil Procedure Law of the people's Republic of China Provisions: "citizens refuse to accept an election committee of voters eligible to appeal the decision, on election day, five days prior to the constituency where the grassroots people's courts." China's criminal law article 256 stipulates: "in elections at all levels of people's Congress representatives and government leaders, by means of violence, threat, deception, bribery, forgery of electoral documents, falsifying electoral votes, etc. to disrupt the elections or to impede the voters or deputies freely exercise the right to vote and to be elected, if the circumstances are serious, less than three years imprisonment, criminal detention or deprivation of political rights." Law of the public security administration punishment law and other laws also have the relevant provisions.
Deliberative democracy, although very important, but it has not become a citizen of a basic political rights loaded constitution of the people's Republic of China and relevant laws, in the provisions of the international convention of civil and political rights the United Nations listed the dozens of international human rights and fundamental freedoms, also did not include the rights of deliberative democracy. According to the Holland scholars on the world's 142 constitutional statistics, there are 67 constitutions involving universal suffrage, there are 88 constitutional provisions of the right to participate in the election [30]. In most countries of the world, not only by the constitution special provisions have electoral system and the right to vote, is elected, the election of democracy, also specially formulated electoral law such as law, citizens how to implement democratic elections that institutional and procedural safeguards.
From the citizen's constitutional rights or the basic human rights level to observe, deliberative democracy is not a citizen's political rights, nor a citizen's political power. Deliberative democracy at best is mainly a political arrangement, a kind of policy measures, a democratic procedures and methods, citizens can truly become the main body of the deliberative democracy, can effectively effectively participate in policy-making consultation process, can through a variety of ways and forms and layer surface of deliberative democracy in the form to express their demands, on the Constitution and laws of the state have no explicit provision, in the provisions of the arrangement of various political agenda and policy documents at present also has considerable uncertainty. Even in some groups in the deliberative democracy in the political or policy arrangement to be able to "enjoy" citizen of the deliberative democracy, this kind of "deliberative democracy" only a give (alms), rather than rights (human rights) the. Electoral democracy is one of the basic rights (human rights) that all citizens should enjoy generally, and deliberative democracy is a kind of political treatment that a few citizens may obtain. Whether it belongs to the basic rights of citizens, this may be a major difference between the electoral democracy and deliberative democracy.
(four) electoral democracy and deliberative democracy in the form of method
Compared with democratic ideas, democratic values and democratic purposes, electoral democracy and deliberative democracy are the technology, method, means and process of democratic operation. In 2006, the Central Committee of the Communist Party of China on strengthening the work of the CPPCC proposal ":" people vote, voting the exercise of the rights and the people in all aspects of internal before making major decisions of full consultation, as far as possible to reach an agreement on the common problems, two important forms of socialist democracy in China. This statement shows that the electoral democracy and deliberative democracy is an important form of democracy, and deliberative democracy usually occurs before major decisions. The Third Plenary Session of the party's eighteen "decision" put forward: "under the leadership of the party, to the economic and social development of major issues and practical issues related to the vital interests of the people as the content, in the whole society to carry out extensive consultations, adhere to consultation in decision-making and decision-making before the implementation." This statement shows that the party's leadership on the deliberative democracy, clear the main content of deliberative democracy to be negotiated". The Central Committee of the Communist Party of China on the strengthening of the views of socialist democracy construction "to further clarify the deliberative democracy is the connotation of a form of Democracy:" deliberative democracy is under the leadership of the Communist Party of China (CPC), the people in all aspects of internal around reform, development and stability of the major issues and relates to the vital interests of the practical problems, to carry out extensive consultation in decision-making and decision-making before the implementation, efforts to form a consensus an important form of democracy. " This statement shows that Chinese Deliberative Democracy is a leader of the Communist Party of China, the people are the main body of deliberative democracy, deliberative democracy is major issues of reform, development and stability and the vital interests of the practical problems, the use of deliberative democracy is in before making a decision and decision-making Shi Zhizhong (but not a substitute for democratic elections within the decision), the deliberative democracy is in an effort to form a broad consensus.
In the form of democratic method, the electoral democracy and deliberative democracy in nature and no weight high and low points, both of them are the realization form and operation mode of the socialist democratic politics with Chinese characteristics. Third Plenary Session of the party's eighteen "decision", to expand the form of deliberative democracy, in-depth legislative consultation, administrative consultation, democratic consultation, participation in political consultation, social consultation". The party's fourth plenary session "decision" provides that to perfect the legislature and the public communication mechanism, carry out legislative consultation, give full play to the role of CPPCC National Committee, the democratic parties, federations of industry, no parties, people's organizations, social organizations in the legislative consultation ". 2015 February 9, the CPC Central Committee on strengthening the socialist democracy construction ", further clarified the requirements" people's congresses at various levels shall exercise their functions and powers, at the same time before making major decisions according to the need of full consultation, improved convergence of the wisdom of the people, listen to public opinion, support and ensure the people by the people's Congress to exercise state power. " To carry out consultation legislative work, good people's Congress to play a role in the deliberative democracy, encourage National People's Congress at the basic level in the process to perform their duties according to law to carry out consultations. Explore the negotiation of form, extensive consultations. Obviously, in China's current constitution and legal system and socialist democratic election is the basic form of people's democracy in our country, and "socialist deliberative democracy is an important form of people's democracy in our country, the two complement each other, complement each other, complement each other.
At the same time, although the deliberative democracy and electoral democracy on the methods and technical aspects of the operation have many identical or similar functions, sometimes consultation democratic for a specific operation of Consensus Democracy and a multi-party agreement even outperforms competing democratic elections, but in the framework of the system of constitution of our country, deliberative democracy and electoral democracy is, after all, two different realization forms of democracy, deliberative democracy can be supplementary electoral democracy, can enrich and develop democratic elections, but in the constitution insurmountable and alternative democratic elections. In other words, in our constitution and legal system, deliberative democracy is not the "transcendence" and "substitute" [31] of electoral democracy, but the supplement, enrichment and improvement of electoral democracy.
In view of the deliberative democracy in the socialist democratic politics with Chinese characteristics, the importance and innovation, maybe later modifications improve the Constitution can be considered the deliberative democracy clearly loaded constitution of the people's Republic of China, gradually realize the deliberative democracy in the Constitution and the rule of law.
notes
See Han Dayuan the 1954 Constitution and the constitutional government ", the third chapter about Stalin's constitutional proposals and the CPC Central Committee decision on the constituent part, Hunan people's publishing house, 2004, 53 ~ 57 page [1].
Marx [2][3]: "critique of Hegel's philosophy of law", set "the complete works of Marx and Engels," Vol. 1, 1995 edition of people's publishing house, 281, 316 pages.
[4] Mao Zedong: "on New Democracy", contained in "Mao Zedong anthology" volume second, 1991 edition of people's publishing house, 677th.
[5] Lenin: "on the irony of Marx doctrine and" imperialist economy "," the complete works of Lenin "twenty-third volumes, the people's publishing house, 1958 edition, seventieth pages.
[6] Ma Ben: "deliberative democracy and Electoral Democracy: origin, relationship and future development", contained "literature history and philosophy" in 2014 third.
[7] Zhang Feng: "eight important issues in the construction of deliberative democracy", "the study of socialism with Chinese characteristics" in 2015 second.
[8] Li Xiaoxi, Zheng Yazhuo: the correct understanding and grasp the socialist Deliberative Democracy -- academia about deliberative democracy research in, 2015 March 25, citing "Marx doctrine of network". For example, "China among the people in all aspects, through organs of state power, CPPCC organizations, political parties and organizations such as channels, economic and social development major issues and practical issues related to the immediate interests of the masses, equality, extensive consultation with the rules and procedures in general." Liu Xuejun: "several issues on improving the system of socialist deliberative democracy", "the people's Political Consultative Conference" in December 12, 2012.
[9] Zhao Xuegang in the careful discussion democratic constitution "(the constitution ofDeliberative democracy) versions of the notes:" deliberative democracy "adopted in the translation is the advice of Mr. Xiao Bo Zhai, is the reason, which is consistent with the original meaning of the word" deliberative ", namely" carefully and cautiously consider and negotiate or discussion 'several people together to consider and review the reasons of those who support and oppose a proposal or plan of action'. And, in the political context of China, the "deliberative democracy", which is almost fixed, can easily lead to a misunderstanding." [Argentina] Carlos Santiago, Nino a, Zhao Xuegang translation: the deliberative democracy constitution ", Law Press, 2009 edition, page 14.
[10] Xi Jinping: speech at the 65 anniversary of the founding of the Chinese people's Political Consultative Conference, September 21, 2014.
[11] "people's Daily", the first edition in September 22, 1949.
[12][13][16] "people's Daily", September 23, 1949 first, 2 edition.
[14] "people's Daily", the first edition in September 30, 1949.
[15] Mao Zedong: "the Chinese people stand up", "people's Daily" in September 22, 1949 first edition.
[17][21] Zheng Wantong: "sixty years of the people's Political Consultative Conference and the glorious history of the enlightenment", "the people's Political Consultative Conference" in September 17, 2009.
[18] Xi Jinping: speech at the 65 anniversary of the founding of the Chinese people's Political Consultative Conference, September 21, 2014.
[19]1954 in the preamble of the Constitution clearly stipulates: "in the future to mobilize and unite the people of the whole country to complete the total task of the national transitional period and the struggle against domestic and foreign enemies, the people's democratic united front will continue to play its role.
[20] Mao Zedong: "on the nature and tasks of the CPPCC", in December 29, 1954 Mao Zedong invited the democratic parties, personages without party democracy to talk about the work of the cppcc.