The Public Participation From The Perspective Of The Rule Of Administrative Law

.In the day of China to implement the market economy, to construct a socialistic country under the rule of law and to rule a nation according to law is the significant decision of Chinese government and the desire and request of its people. This is an interaction process between public and government and a historic course of these two combined powers. There are three inestimable functions of the public to participate in the administration and legal process: 1. It makes the administrative mechanism to be objective and prevent the power from being abused. 2. It protects and promotes the rights and interests of public without violation. 3. It boosts the progress of the rule of administrative law to build a democratic and jural country. Not only does it indicate that the public authority comes from and reacts on the national power, but also manifests the interaction of administrative power and public power. The conformity of public participation to individual benefit has cushioned the administrative compelling force and promoted the benign operation of administration process, based on the intention of realization of human rights, right procedure, socialistic justice and legitimate and reasonable administration. The objectives of this dissertation are to explain that the public participation is one of the most important parts of the rule of administrative law, to indicate the history and obstacle of public participation and rule of administrative law in China and also to discuss the way of developing public participation in China.There are five chapters in this dissertation as follows:Chapter 1: Introduction. The first chapter, introductory chapter, will set out the background of public participation, including literature review, characteristics, relationship of national power, administrative power and public power. All of these will show the bases and definition of public participation.Chapter 2: Discussion of the inter-attributes of public participation. Public participation collects individual interests to be consistent. It makes the administrative decision-making, administrative legislation and administrative law enforcement of government to be well running. It is a "Cushion Mechanism"under the social function mode led by government compelling force. Based on the inter attributes of public participation, it could realize the intention of human rights, socialistic justice, right procedure and legitimate and reasonable administration.Chapter 3: Discussion with the correspondence of rule of administrative law and public participation, following the analysis on the law and the rule of administrative law. The rule of administrative law is the key point of law. Let the public participate in the administration procedure from the aspects of administrative decision-making, administrative legislation and administrative law enforcement, which will make them to be consistent with the administration in definition, system and practice.Chapter 4: Author will specially discuss the developing status and problems of public participation in the process of rule of administrative law of China in this chapter. Firstly we will review the development of public participation. The public participation has considerably developed after the reform and open policy from late 1970s and has formed an unprecedented and totally new pattern since 1949. Along with the optimistic trend of development, it also brings a series of problems like the laggard concept, lack of channel or media, incomplete system and so on.Chapter 5: In the last chapter, the author will state the measures to complete and promote the public participation from conception, system and technique. From conception, both administrative subject and the public should establish the concept of rule of administrative law; from system, the government should develop the administrative openness, administrative hearing and government response; from technique, reinforce the effect of electronic government affairs and the public press media.