Research On Systematism Of Public Participation In The Lawmaking In Our Country

The17th Communist Party's Congress put forward that:"The transparency of decision making and engagement of the public should be strengthened". The law, regulation and public policy making that are closely related to public interest, should listen to and adopt the public opinions." In our country, to guide and enlarge the public to join in the lawmaking has been taken into account gradually, which is dependent on its multi-value and function. Nowadays, as the social interest has become more and more diversified, to enlarge the public to join in the lawmaking orderly is not a denial to the representative system, but a means of direct democracy carried on and brought into play on the basis of the system of people's congress. At present, no matter in the theoretical circle or practical circle, there is no divergence of cognition on the importance of lawmaking participated by the public. Therefore, how to make public participate in the lawmaking more effectively under the guidance of Marxism and Chinese actual situation.Currently, the problems of low participating range, depth, effect as well as the low activeness and subjective initiative still exist in our country. The main reason is that there isn't a good systematism for the public to rely on. There isn't any specific system and good mechanism to regular the participating activity, to extend the participating channel and to guarantee the effectiveness.The systematic public participation in the lawmaking process is an important means of realizing and guaranteeing the civil right, and will be beneficial to the development of social democracy, the building of legislative and citizenship society. The main countries that adopt the Anglo-American law system or the civil law system, such as the U.S.A., UK, Japan, South Korea, as well as Hong Kong and Taiwan of China, generally attach great importance to regular the procedure, means, and effectiveness of lawmaking participation and establish a sound public participation system with high lawmaking transparency through making law and regulations. All of these examples are worthwhile for us to learn from. To establish a suitable criterion of public lawmaking participation for Chinese condition, to improve the systematism level, and to make a public participation system with Chinese characteristics under the guidance of Marxism and guarantee by effective system, are the urgent demand of legislative progress and social development with a solid political, economic, social and cultural foundation. The systematism of public participation lawmaking mainly includes the establishment and improvement of core system for lawmaking, supporting system and supportive basic system. Only a strong system is built through the support of relative laws, can the lawmaking participation avoid function conversion. Therefore, the systematism of participation firstly requires the establishment of relative laws and law system framework through which the basic system of participating principle, object, range, subject, means, effectiveness, responsibility of relative department shall be defined. From its operation process, the public participation of lawmaking is closely related to the legislative process. Only the public's lawmaking participation deeply embedded in the legislative process, can we attain effective participation. Expanding public participation in lawmaking, improving the ways of participation, reducing vested interests'interference, fully referring to the voice of all social circles, is the only fundamental way to improve public participation in our country. Meanwhile, the specific supportive system such as disclosure of lawmaking, observation, consultation and evaluation should be improved.The systematism construction of public participation in lawmaking not only includes formal arrangement of system, such as laws, regulations, policies and mechanism, but also includes informal institutional context, including elements such as cultural tradition, value orientation, ethics, customs and ideology. To participate in the lawmaking more effectively, orderly and deeply needs the citizens to have certain intellectual quality, cultivation of democracy and ability. Especially in the early stages of the system construction, the ideas, consciousness and capability promotion is an important subject for the citizens. According to the national political psychology and behavior status, effective measures should be adopted to promote the development and maturity of participated political culture that is supportive to democracy and legislation so as to improve the citizen's lawmaking participation consciousness and ability and to optimize its social and ecological environment. By cultivating citizen organizations, citizen's legislation interests expression can be organized, so as to improve the order and effectiveness of public participation. At the same time, attention should be paid to the public opinion platform of public participation, including how to use the mass media in the role of public participation, and should also form a normalized systematic arrangement.