The Value And Institutional Studies On The Public Participation In The Administrative Legislation

Since the 20th century, with the expansion of the administration and management of the professional and technical, legislative functions increasingly shifted to the executive branch. Administrative organs of the large number of regulatory documents, covering a wide range in the country's executive and the legislature has become a very important source of law. As the legislation is the executive unilateral administrative actions, which in its democracy there are some flaws, it is necessary to use force to its external constraints. In the modern executive and the legislature in the process of public participation has been deemed essential constraints. In recent years, China's administrative legislation in accelerating the process of democratization, but public participation in the executive and the legislature is still too low, the lack of participation in the process of institutionalization and open, administrative legislation by the social supervision of the status quo have not been substantive changes and make it difficult to implement the principles of democratization. Therefore, in view of public participation in the status of administrative legislation, there is a need in-depth analysis of public participation in the executive and the legislature value of the rule of law, public participation in the analysis of the root causes of inadequate legislation, in the system of foreign-related, on the basis of public participation in China's administrative legislation system building perfect idea.This paper is divided into four parts: On the first part of the public participation in administrative legislation and the general theory of value of public participation in defining the meaning of the administrative legislation, constitutional and administrative law from the perspective of public participation in the analysis of the legal basis of the administrative legislation, and expounded on public participation in the administrative legislation to improve the quality of legislation, and promote the democratization of the executive and the legislature to enhance civic awareness and build a harmonious society of the value of these four. On the second part of the foreign and public participation in the Taiwan region on the practical experience of the administrative legislation and the Enlightenment to China, mainly on the United States, the United Kingdom, Japan, South Korea, China's Taiwan region of Portugal and the related systems practice, and summed up in these countries and public participation in the legislative system characteristics. The third part of our in-depth analysis of public participation in the status of the administrative legislation, pointing out that because of public participation in China's lack of effectiveness of the administrative legislation and the public's sense of participation, such as indifferent. The fourth part of the public participation in our system of the administrative legislation to design concept into improving public participation in administrative legislation, administrative legislation to participate in the public hearing system and the system of assessment notice, public participation in administrative legislation of the security system.In short, the administrative legislation only possible absorption of public participation, can we realize the democratization of administrative legislation This paper seeks to light of China's actual situation, improve public participation in the system design administrative legislation, administrative legislation hopes to have the promotion of democratization.