A Study On The Public Participation System In The Administrative Legislation

As the economy, culture and society changes, the state function also changes greatly. The administrative power continuously expands and it begins to infiltrate into every field of the society. The regulations made by administrative organs are much more than that by the legislative body. Nothing can prevent the steps of the administrative power to invade the traditional legislative and judicial fields.The administrative legislation solves the contradiction between the vastly increased demands for legislation in modern society and the shortage of supply by the legislative body, which is no doubt necessary and benefit for economic development. However, the combination of administration and legislation violates the theory of the separation and balance of powers, and will inevitably cause the corruption and misuse of powers. This is especially apparent in China.There are many reasons causing the corruption and misuse of administrative legislation, one of the most important is that administrative legislation is far from opening and public participation. To solve this problem, we must do from the origin, which is to ensure the public participation by system establishment. This paper is to reveal the problems and reasons in public participation for administrative legislation by making a comparison between system regulations of China and the US, and to make some audacious assumptions about system construction of public participation.We cannot simply deny or abolish the administrative legislation completely and return to the traditional legislative systems. The defect...