On The Democratization Of The Procedure Of Administrative Legislation

The democratization in the administrative legislation is a notable feature of the modern administrative democracy. In view of the inclination of non-legalization and non-institutionalization, I make analysis on the theoretical basis of democratization in the administrative legislation in China on the basis of normative analysis and comparative study and put forward my own propositions on how to improve and perfect the relative rules of democratic on the basis of examples analysis.I hold 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.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, democratic-judging system and stating-reason system are the supporting systems. Both of them are important.