The Theoretical Basis Choice and Concept Clarification of Legislation Deliberation

Since the phrase "legislation deliberation" appeared in Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Deepening Reforms of the Third Plenary Session of the Eighteenth CPC Central Committee in 2013 and Decision of the CPC Central Committee on Major Issues Pertaining to Comprehensively Promoting the Rule of Law of the Fourth Plenary Session of the Eighteenth CPC Central Committee in 2014, scholars have come to focus on it. The practices of legislation deliberation in many provinces and municipalities have been developing vigorously since 2013. While taking action in legislation deliberation, many places such as Beijing, Jinan, Changchun, Fujian, Hebei have made regulations with local characteristics. Though actions are taken by many provinces and municipalities, lacking the overall implementation guide, the practices of provinces and municipalities still have many deficiencies. The overall implementation guide legislation deliberation depends on the establishment of the theoretical basis and the clarification of concept. The theoretical basis of legislation deliberation embraces both Public Choice Theory and Deliberative Democracy Theory. Basing on these two theories, we can make a clear understanding of public participation, political consultation, deliberative politics, and administrative deliberation from legislation deliberation.