Research On Public Participation In Administrative Policy-making

The thesis provides a systematical study on public participation in administrative policy-making, and offers advice on the establishment of public participation institutions by focusing on relevant practices in Guangzhou city.Chapter Introduction firstly analyzes the background and significance of the study, and then reviews literature relevant to the topic in the order as the thesis follows, and clarifies the research method and framework. Finally, the chapter introduces the innovation and limitation of the study.Chapter1"the Definition of Core Conceptions". Part1"Administrative Policy-Making" analyzes the conception of administrative policy-making on the principles of management, administration and legal text before defining the conception in law. Part2"Public Participation" summarizes the features of public participation through analyzing public participation in legislative practice, compares public participation with citizen participation, and then defining the theoretical conception of public participation.Chapter2"Theoretical Basis and Current Condition Of Public Participation in Administrative Policy-Making". Part1"Theoretical Basis of Public Participation in Administrative Policy-Making" believes that the theoretical basis of public participation in administrative policy-making consists of the theories of governance, deliberative democracy and risk society. Part2"Current Condition of Public participation in Administrative Policy-Making:Taking Guangzhou City as a Sample" examines the practice and shortcomings of public participation in administrative policy-making in Guangzhou city.Chapter3"The Disclosure of Administrative Policy-Making:The Precondition of Public Participation in Administrative Policy-Making". Part1"Why to disclose: the Grounds and Basic Conditions" answers the question on the grounds of the necessity, legal and policy basis, and physical condition of the disclosure of policy-making. Party2"What to be disclosed:the Range of disclosure of policy-making" clarifies the principles of the disclosure of policy-making and the range of information that should be disclosed or exempted from being disclosed based on analyzing the differences between the disclosure of policy-making and opening government information. Part3"How to disclose:the time and manner of disclosure" explains the time and manners of disclosing of administrative policy-making.Chapter4"The Subjects of Public participation". Part1"Basic Conditions of Subjects of Public Participation" argues that an actor is not a subject of public participation unless he or she has relevant capacity and will to a certain extent. Part2"Features of Subjects of public participation" believes that the features include comprehensiveness, equality, representativeness and equilibrium. Part3"Range of Subjects of Public Participation" divides the subjects into two groups, acceptable subjects who are entitled to participate in administrative policy-making and exclusive subjects who are explicitly excluded from the subject range of public participation. Part4"Selection Mode of representatives of the Public" considers that to elect by the public themselves supplemented by to decide by administrative organs is the most reasonable mode.Chapter5"Type and Form of Public Participation". Part1"Type of Public Participation" classifies public participation in administrative policy-making into two types, procedural and substantial public participation. Part2"Form of Procedural Public Participation" focuses on participation by ordinary citizens and that by experts according to the subjects of public participation after examining the forms of public participation stipulated in the current legislations. After examining the legislations of public hearing in administrative policy-making, Part3"Form of Substantial Public Participation:Public Hearing" analyzes the shortcomings of public hearing in administrative policy-making, and believes that public hearing in administrative policy-making can be remolded according to the concepts of deliberation and debate. Part4"Non-Conventional Form of Public Participation" examines the practical forms, positive and negative influence, and causes of the non-conventional form of public participation, and provides measures to bringing this type of public participation on the right track.Chapter6"Public Participation in Post-Evaluation of Administrative Policy-Making and to Safeguard Public Rights". Part1"Public Participation in Post-Evaluation of Administrative Policy-Making" clarifies the meaning of post-evaluation of administrative policy-making, analyzes its current conditions and causes, and finally provides three suggestions of establishing public participation in post-evaluation of administrative policy-making. Part2"Institution of Safeguarding Public Rights after Policy-Making" points out dilemma of traditional legal relief institutions including administrative litigation and administrative reconsideration, and suggests that policy-making be separated from policy-implementation and an institution of "objection and review" be established.