Mechanisms Of Public Participation In The Executive And Legislative Theory And Practice Of Research

With the world's political democratization, social legalization, public participation in the strengthening of administrative legislation has become a world of the mainstream of administrative legislation program potential. And many countries to make public participation can more and orderly, are working to improve public participation in administrative legislation is institutionalized and standardized and stylized. For example in administrative legislation program in the hearing system, many countries through the law clearly given the status of subject of public hearings, detailed the hearing program formulated, determines the legal validity of hearing results, thus guaranteeing the hearing system can be efficient and orderly. According to China's current status, public participation in administrative legislation or a new concept. With the construction of socialist legal society steadily, our administrative legislation is also to specialization, standardization trends.But now, China's administrative legislation still has many institutional defects, such as administrative legislation, resulting in lack of supervision department interests conflict driven legislation, administrative legislation phenomenon emerge. Be like again at present more respected "experts legislation", admittedly, experts legislation for perfecting administrative legislation, speed up the construction of the socialist legal system made great contribution. However, lack of public participation of experts legislation does not guarantee its legislative neutral and rational, because were invited participating experts more or less interest relationship by some implicate, right now, experts independence is worth us to question. Therefore, only the public participation, "right restricting power" to safeguard legislation really reflecting public will and desire, and achieve "people in accordance with law, through all sorts of ways and form, the management of national affairs, manage economic and cultural undertakings and management social affairs" purposes.China is a socialist country, the people's sovereignty and the people's democratic dictatorship is our country the foundation on the base, so and governance on public participation in concept of strong political guarantee. But in the institutional arrangements, compared with western developed countries in China has many problems, for example: the laws and regulations in our country at present to the provisions of this mechanism, there are no more general practice operation to the specific procedures; The relevant system supporting do not improve, etc. This is largely restricted the effective participation of the public. Therefore, to realize the goal of administrative legislation democratization, the public really involved in administrative legislation process of administrative legislation, must from public participation mechanism, to perfect the administrative legislation more rationalized, science and democratization.In view of the above questions of administrative legislation, based on the concept of public participation in analysis as the starting point, this paper expounds the administrative legislation public participation in the theoretical foundation, social conditions, and points out the perfect our country's administrative legislation the necessity of public participation mechanism. In this paper the second part, the author of Chinese administrative legislation present situation of public participation mechanism are discussed, including its formation and development, operation condition, the disadvantages of the existing system and causes. In this paper the third part of administrative legislation abroad on the mechanism of public participation in continental law system and common law respectively are introduced and compared in this part for our country, summarizes the contents of a model. In the fourth part, also is the final part of our country, the author in combination with the administrative legislation practice, and profited from foreign advanced experience of the system was put forward on the basis of establishing and perfecting our country's administrative legislation public participation mechanism, including the system the idea of principles should be followed, public participation and the way, public participation in administrative legislation process in the position, etc.