Mechanism Of Public Participation In Local Administrative Law

In China, public participation in national political, economic, cultural and social life is the basic way to achieve civil rights, is the essence of people to be masters. Effective participation is a necessary condition to achieve good governance. Because of this, the fundamental nature of the country requires for promoting actively and orderly public participation.Public participation in administrative legislation has become a democratic trend in the world. The relationship between the government and the public is now gradually heading for a positively interactive way. Administrative democracy is obviously reflected in opening government regulations opinions collection system. Although public participation in government regulations have achieved initial results such as some public responses in some cities, enhancing the legal awareness of citizens and the social benefits of local government legislation to some extent to. But we should also see that only a small number of cities have opened government regulations opinions collection system, clearly established channels and rights of public participation in government regulations. However, thanks to objective and subjective reasons such us weak sense of public participation, narrow channels of participation in the legislative space, deficiency for feedback system to comments and suggestions by the public, the local government has the great power to dominate the whole process of legislation The participation fell into only "input port" but not "lose export" cycle, the participatory right of the public is very easy to be ignored, and the public always play a very passive role in the law-making process. In viewing of that, the author try to prove that the implementation of the role of public participation in legislation and regulations in the true sense requires not only to establish the principle followed by government regulations but also the general mechanisms and protection mechanisms two-pronged approach to ensure the reasonable configuration between the right and obligation, effective balance between the administrative power and the participatory right and successful dialogue between the government and the public. The paper has carried on the deep discussion and study on how to consummate the participation mechanism with the comprehensive methods of normative analysis, statistical analysis, comparative analysis and document analysis. This paper is divided into the following four parts:The first part mainly defines relevant theories, which including basic concepts, the development of participatory democracy, affirms the importance of public participation in legislation based on analyzing the characteristics of citizen participation in government legislation.The second part reflects on the defects by looking at the status of legislation and practice to pave the way behind the system construction.The third part form the reference and inspiration on the basis of the comparative analysis about public participation in common law and civil law countries,The last part as the key of this dissertation specifically discussed the approaches of regulation of logistic argument, the open of the local government logistic information, public participation in government regulation relief system, open legislative hearing and expert assessment of the public gallery system and feedback mechanisms of public opinions in order to enhance the public legislative enthusiasm and improve the public participation in regulation of our local governments.