The Study Of Some Issues Of Legislation Of Public Participation

Recent years, thanks to the strategy of constructing the socialistic nomocracy country, the idea of legislative democratization has permeated the field of legislation in China. A great many of legislative laws and regulations which contain the democratic spirit have been issued, the pratice of legislation democratization in different places is carrying out prosperously. During this process, the relationship between the legislative and the public is now gradually heading for a positively interactive way. However, there are many problems in our regulations of legislation procedure about public participation, such as lack of maneuverability and maturity. The legislative organs has the great power to dominate the whole process of legislation, and the public always plays a very passive role in law-making process. The participatory right of the public is very easy to be ignored, the suggestions of public are often not highly valued and seldom adopted by the legislative organs. In viewing of that, the thesis try to come to the following conclusion that in order to exert the function of public participation, it is necessary to ameliorate the active regulations of public participation, establishing a serious of effcient participatory systems. Based on that, the thesis is studied several inprotant issues about legislation of public participation, absorbing the former studying production. The innovations points in the thesis are: expatiate the overseas public participation in legilation systems according to the structure of legislative open and legislative hearings, analyse their traits and disadvantages, and then bring forward some new suggestions of perfecting our systems of legislation of public paticipation.The whole thesis can be divided into the following three parts: the fist part mainly explains the theory base according to the analyse of the Popular Sovereignty and the causes of legislation of public participation in representative democracy, and also explains the value functions of legislation of public participation; the second part mainly presents the legislative open and legislative hearings of systems of American and Japan legislation of public participation, and then analyses their advantages and disadvantages, indicating some parts of being able to transplant; the third part firstly introduces the actuality of system of legislation of public participation in China, and then analyses its disadvantages, finally points out my suggestions through constructing system of citizen overture right, confirming the range and way of legislation of public participation, perfecting the system of legislative open and perfecting the system of legislative hearings.