On Public Participation In Legislation

This paper attempts to probe into public participation in legislation from the perspective of legislation equality, which serves not only the foundation of jurisprudence, but also the aim and intention of public participation in legislation. Public participation in legislation stands not worthy for both theoretical and practical values.People's sovereignty theory determines that legislative power should pertain to people. Legislative equality as the entity of law equality is now more and more emphasized in the academic field. Public participation in legislation refers to people without public power exerting influence upon establishing law and the result through the interposition into legislative process. It is not a historical coincidence but the necessity of democracy. Moreover, it is a feasible approach to realize legislative equality especially when limitation exposes in the indirect legislation.Nowadays all countries foreground public participation in legislation, which closely relates to its multiple values and functions: it realizes the balance of multiple interest and result in proper law; and the justice value in participating system will undoubtedly strengthen the identification with law in the psychological level so as to improve the effectiveness of law; moreover, it also makes up the limitation of representative democracy in the aspect of information collection and public power restricting; improve the ability to managing the society so as to promote the formation of "strong society".However, owing to such aspects as living standard, political system, ideology and legislative system etc., deficiencies also exist in the participation scope, degree and effectiveness of public participation in legislation in our country, which makes it necessary to further improve the system of public participation in legislation. We are supposed to improve the system in the following facets: ameliorating the living conditions, strengthening the authority of law, enhancing people's cultural quality, consolidating the social responsibility and democratic awareness of the public, cultivating the participating ability, making full use of the press media, perfecting the system of National People's Congress, consummating legislation hearing system, and establishing the public spokesperson system. This paper will mainly unfold the statement in terms of the last but not least three aspects: providing platforms for public legislation participation by way of perfecting the election system, legislation process, contacting constituency system of National People's Congress; consummating legislation hearing system through establishing the application scope, regulating the election of legislation hearer, improving the process as well as obeying the records principle and countermine principle; establishing corresponding public spokesman system in the status quo of comparatively weak participating ability, and then further strengthening the function of public legislation participation by means of the spokesman's role played by groups and professional law workers.