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On Construction Of Public Participation In Local Legislation

Posted on:2009-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:G LiFull Text:PDF
GTID:2166360272957796Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In the day of China to implement the market economy, along with the social development and social transformation, Building a socialist country under the rule of law is the significant desire and demand of its people. China began building the country ruled by law in the historical process. Local legislation, the important component of our country's legislation system, plays an important role in our country's legislation modernizing. It is possible to make public participation in local legislation because of social stratification and diversity interest groups. This is an interaction process between public and country and a historic course of these two combined powers.There are some inestimable functions of the public participation in local legislation in the legal process: 1. It puts forward effectively the basic strategy of"the rule of law"and safeguards the legitimate rights and interests of public. 2. It aims at facilitating a comprehensive, coordinated and sustainable development related to economic, political and cultural advancement in an all-round way. 3. It boosts the progress of the natural justice including the notion of procedural fairness. Not only does it indicate that the interaction of public rights and national power, but also manifests the necessity of public participation in local legislation.The objectives of this thesis are to explain the concept and its basic theory of public participation in local legislation combining its existing modalities and ways, to indicate the history and actual situation of public participation and obstacle of law in China and also to discuss the basic idea of open theory to guide all aspects of construction, improvement and development of public participation in local legislation in China.The main body of the thesis is divided to four chapters. The first one is an introduction part. It brings forward the limit and concept of topic directly and expounds legal basis and background. It is clear to understand the significance after getting the values and basic principles of public participation in local legislation.The second chapter describes the passive participation, spontaneous participation and active participation. With the rise of public participation in China's active participation in local legislation, the scope and ways of participation in mechanism need further expansion. It can be divided different procedures in legislative preparations, from a bill to become law and legislative improvement stage.In chapter 3 the author will specially analyze the developing status and problems of public participation in the process of local laws and regulations in Hubei, following the discussion on the historical events in and around the public participation in local legisl- ation. We all know the public participation has considerably developed after the reform and opening-up but it also brings a series of problems like the laggard concept, lack of channel or media, incomplete system and so on. It is resulting in a power imbalance especially in decision-making. We could make the basic idea of open theory to guide all aspects of construction, improvement and development of public participation in local legislation.In the last chapter, the author will state the measures to innovate and promote the public participation from rights improvement, system innovation and technical support. Both the people's congress system and electoral system should establish the mechanism of expressions of interest. And local legislature should develop the new way of public participation, reconstruct hearings and response systems. It is indispensable to reinforce the effect of legislative openness, to make public participate directly in the making of regulations and to advance electronic legislation assistant system.
Keywords/Search Tags:Local legislation, Public participation, Reflection, the System Construction, Protection Mechanism
PDF Full Text Request
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