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Discuss The Right Of The Public Participation In The Major Administrative Decision

Posted on:2016-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2296330461962283Subject:Administrative law
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The administrative decision made by the government has huge effect on the development of society and economy as well as the adjustment of public’s interest. The achievement of the administrative decision-making mainly depends on the degree of support by the stakeholders, the degree of public support relies on the public of administrative decision’s information and the security of stakeholder’s participation right.Public participation’ right can make sure that the stakeholders participates in the procedure of the administrative decision’ making and implementation directly and express own interest appeal and protect their own legal interest.Besides,public participation’ right can become the rational and effective limitation to the decision-making authority and make the administrative decision obtain the legitimacy.As the effective supplement of the indirect democracy which is based on the public’s vote right in the current representative democracy,public participation’ right is the democratic right that can make sure the social public positively participate in the social and economic affairs’ management effectively and develop the virtuous restriction to the administrative power during the interaction with the government under the background of civil society in rising and the pluralist democracy in deeply development. Establishing and perfecting the public participation’ right is beneficial to strengthening the people’s sovereignty and building the rule-of-law government.Because the Chinese traditional administrative decision’s model resulting from the highly-centralized planned economy of is more and more not adaptive to the requirement of the public participation of the context of contemporary pluralist democracy,which leads to decision crisis continuously in recent years. the traditional pattern of omnipotent government can’t make sure of the legitimacy and democracy of the administrative decision,especially the major administrative decision.Therefore, it is necessary to introduce in the effective mechanism of the public participation to fully protect stakeholders’ right to know,to participate and to supervision,which is aimed at establishing a new decision model based on the transformation of the function and concept of government decision-making,promotion of the effect interaction and the full game between the decision makers and stakeholders,and the guarantee of the rational compromise to the decision.This kind of new decision model can make sure that the modern major administrative decision-making Conform to the basic requirement of the democracy and the rule-of law system.
Keywords/Search Tags:Major administrative decision-making, Public participation’ right, Case analysis, system perfect
PDF Full Text Request
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