Research On Participatory Budget Based On Rule Of Law

Participatory budget has contributed to the realization of budgeting democracy,which means budget process has changed from government-oriented to taxpayer-oriented.Participatory budget is an institutional innovation that needs sustainable development based on idea of rule of law,legal system and specific design.Participatory budget reflects the spirit of the modern financial system in which rationalization,democracy,rule of law,efficiency are included.There is a close relationship between public budget and tax payers.It is the internal need that encouraging the public to participate in budget for the government.The role of people has been changed from bystanders to participants since participatory budget rised,which means that the influence of people on budget has been enhanced.It is an important signal that the government respects the civil society,improves its conduct and takes advantage of social capital through public participation.Participatory budget is an effective social supervision,activating the People's Congress supervision and promoting budget publicity.Participation is the basic factor for budget supervision,through which information can be shared and cohesion can be enhanced.It is budget participation that makes the government and the public cooperate in order to jointly manage public life and make public expenditure rational.Participatory budget can be analyzed from multiple points of view.Participatory democracy and deliberative democracy are the theoretic basis of participatory budget in politics view.Participatory budget is the practice of participatory democracy in budget,expanding the range of democracy,making budget change from closed to open.Deliberative democracy focuses on the way of participation and the effect of participation.It is though participatory budget that public spirit will be cultivated,the path to empowerment will be broadened,social capital will be stimulated in sociological view.The process of participation is contribute to the ability that the public influence budget resource allocation,the happiness that the public enjoy the public service by means of their action and the advantage that trade cost between the government and the public can be reduced.In economic view,participatory budget is in favor of the efficiency,rectifying the information asymmetry,promoting cooperation between the central government and the local governments and competition between local governments.The efficiency in the budget process of formation and implementation can be promoted by integrating different demands in order to reach an agreement.Information search cost and moral hazard will decrease by budget openness and budget participation.In law view,the power is not only supervised by the right,but also shared by the right,resulting in the cooperation between the right and the power though public participation.Participatory budget has various models in different counties and areas.Porto Alegre in Brazil is a pioneer and a representative.In China,there has been many districts practicing participatory budget and making progress in budget management,especially in Xinhe town,Zhejiang province where the improvement of the system of People's Congresses is oriented to and in Minhang district,Shanghai municipality where performance budgeting is emphasized together with participatory budget.Based on the comparative analysis,it is hoped that participatory budget in China can be perfected with the purpose of solving the practical challenge.The system construction under the rule of law is a long-term mechanism for participatory budget.First of all,the legal basis of participatory budget should be explicit.There is a positive guide or a tolerant attitude towards public participation according to budget law amendment in 2015 in which although relevant rules are brief,the innovation ability in practice will be encouraged.Then,specific rules should be established,such as,how to select participants,how to decide the scope,how to participate and so on.Finally,we should assess the operation of participatory budget objectively and completely by means of proportionality principle in order to research whether or not participatory budget is deserved to be spread and how participatory budget will be adjusted and perfected.