Research Of The Scope Of Public Participation In Major Administrative Decision-making

Article 5 of ‘Interim Provisions on Major Administrative Decision-Making Procedures in Shanghai' implemented in 2017 makes a useful attempt to limit the scope of public participation in major administrative decision-making.There are uncertainties in the legal concepts such as ‘larger group' and ‘important interests' in the article.Large discretionary space makes it easy for decision makers to expand or reduce the public participation.Especially,how to distinguish excluded matters,which is on the mode of negative example,with general matters,and how to use law probably for decision makers,these questions will become new troubles.This article will try to use some theoretical basis,including deliberative democracy theory,balanced principle of fairness and efficiency,coordinating personal interest with public interest,and find methods to give suggestion to improve the Interim Provisions in Shanghai,such as appropriate quantification of the number and quantity of public participation,subdivision of‘important interests' in order to materialize positive list,constrictive interpretation of excluded matters,finding other criterion except Important Interests Theory.