Study On The System Of Public Participation In The Administrative Legislation Procedures In China

According to the theory of the division of the three powers, it is a truth that legislative power is an exclusive to the legislature's power. As the the executive authority administrative organs is, it's function is minally carrying out the laws which are enacted by Legislature, and completing the social management activities. However, with the social development, more and more social affairs of the country need to run, traditional legislation of the legislature has been unable to meet changing needs of social management. And then, administrative legislation appeared. Administrative legislation in its quality has two important features that are legislative and administrative. It is important that to settle all kinds of social problems and social contradictions. However, owing to the legislative power of the executive authorities is not directly came from the citizens, it's legality and democracy are inadequate. The public participation in the legislative system effectively makes up for the administrative legislation in legality and democracy inadequacy and prevents the legislation lead to the sector interests with it's internal communication and consultation mechanisms. It has other advantages, such as increasing the acceptability of the legislation, deepening legislative approval of the citizens, clearing resistance of the administrative action, and fundamentally enhancing the administrative efficiency.The public participation in the legislative system existed lately in China, while the sprite of citizens to participate in the legislative existed already. In a short span of twenty years, the system of public participation in our country has a certain degree of development, not only in the legislative provisions, but also in respect of the practical level.Compared with other developed countries which have perfect system of the public participation in the legislative, the public participation in our legislative system does exist many problems, such as the narrow area of participants, the bad application system, the abstract legislation on the citizens to participate, lack provisions of the rights protection, which greatly affects the validity of the citizens to participate in the legislation. So we should draw on the experience of the state practice to improve our legislative system of public participation.The author suggest the following six aspects of to improve the administrative legislation system of public participation:the administrative legislation in public, the system of the administrative legislation about the motion, the system of the administrative legislation about the hearing, the system of reviewing and announcing, the administrative legislation system of public participation in the relief mechanism of responsibility, the network technology and public participation in contact. With the improvement of systems and procedures above all, we do believe that all the measures can make up for the inadequate of the legislative procedure of public participation, and will play a positive role of managing complex social problems.