On The Public Participation In The Procedure Of Administrative Legislation

The public participation in the administrative legislation is a notable feature of the modern administrative democracy. The author, in view of the inclination of non-legalization and non-institutionalization in the aspect of public participation in the administrative legislation in China, puts forward his own propositions on how to improve and perfect the participatory administrative legislation of China on the basis of normative analysis and comparative study, and holds that the value orientation of the public participation in the administrative legislation lies in pursuing the dynamic balance between justice and efficiency. In dealing with the relations between administrative legislative organs, experts and the public in the process of making administrative law, we should try to make best use of the advantages and bypass the disadvantages of each party, and set up a legislative mode of comprehensive participation of administrative legislative organs, experts and the interested parties, with the administrative power as its core and leading factor. Special stress should be laid on establishing the participatory mechanism of the interested parties. In order to establish the mechanism of the public participation in the administrative legislation, we must improve and perfect the systems concerned to safeguard it, among which motion system, hearing system and review committee system are the key systems of the public participation in the administrative legislation, and openness system, challenge system and stating-reason system are the supporting systems.