On The Administrative Processes Of Public Participation

Along with rapid economic and social development, democracy continues to mature sense of the rule of law, administrative law, whether the field or from the systems concept has changed dramatically, the Government in the world environment is gradually return to their own position, is moving towards the achievement of government functions the rationalization of the legal road, administrative functions are also being gradually accepted by all the people of the bound. At the same time, the principal executive and administrative relatively realize that they have begun the legal relations in the administrative status of the real, these subtle changes in the future, Yu said the direction of administrative development. This article is from the dynamic range of the current situation and found that the dynamic changes to adapt to the direction of development of administrative law, to draw public participation in the administrative process is the development of modern trends in the field of administrative law at this conclusion, and public participation in administrative processes from the status quo find the structure of the system of public participation and public participation in administrative processes in the practice and development of our country.Sentences are divisible into 5 parts together concerning this plan:First, an overview of the status quo of foreign public participation in the administrative processAs we all know, behind closed doors for a country's development do harm and not good in light of national conditions, the transplantation of foreign excellent legal system for the restructuring has an important significance to our country. This article briefly introduce the typical Western country's system overview about the public participate in administration processes, based on situation relating to the manner, extent, scope, etc. are different.Second, the legitimacy of the public participation in the administrative processIn this section, the author elaborate on the necessity and legitimacy of the public participation in administration from the administrative law, democratic administration and the basic concepts of administrative law point of view. Along with the rule of law development, and controlling more and more voices, and the forms of democratic consultation to be more and more optimistic about the theory and practice of the field, continued at the essence of the principle of due process, return to the administrative area of the real meaning of people, the public to participate in the process of administration has become a matter deserved, and its existence is justified in administrative law should be among the connotation.Third, the public participation in administration is the development trend of modern administrative lawSocial development is a dynamic process of change, people's ideas and concepts are also followed changes in the system of society is also not suited to adapt and adjust to them. The continuous development of the economy, the Government began to adjust their terms of reference with which to adapt to changes in the administration of the theory are, and finally the direction of these changes is the process of public participation administration.Fourth, the system structure of the public participation in the process of administrationIn this section, the write explain the system of the public participation in the process from the basic requirements, functions, methods, content, as well as some basic system administration aspects. In general, the public participate is not required to in the system of law, has expressly provides that the hearing system is more necessary, as well as a number of other support system which protect the rights ,from the active participation and passive involvement of these two aspects to provide legitimate channels and the basis for relief for people, given the public the rights and obligations in the most appropriate to participate in the enjoyment of the most comprehensive, including the right to know, the right of statement and defending ,the right to request ,right to agent, right of resistance, as well as the obligation to help ,to ensure that the public administration involved in the process of rational, to participate in implementation of its safeguards system, improve public administration acts of the quality of life, to ensure democratic legitimacy to limit and to assist the executive power, to educate the public and to consolidate the rule of law on people's confidence in the administration function.Fifth, to thought in our public participation in the process of the administrationAt the call of a harmonious society, China's administration in the process of public participation in theory and practice has gradually become the focus of which, in the harmony of our country in ancient philosophy to re-analysis, I believe that the concept of harmony in traditional Chinese culture was intentional subduction, and the rule of law combined with today's development, we are fully capable of establishing the rule of law administration at a variety of interests and social relations between the interaction, exchange and promote each other's social system, to explore the traditional culture of "harmony," the essence of the idea for the Chief the legal relationship between the two sides in under limited conditions can be respected, as well as communicate the development of public participation in implementation. Individual provinces in China have been going in this area has been at the forefront, but want to realize the process of public participation in the nationwide administration of the universal, but also required the concept of administrative law in our practice areas, as well as further exploration, a clear process of administration The legal status of the participants of the previous administration's unilateral act of the will to rethink the nature, enrich the content and participate in the system of related systems, and give the process of public participation in administration of the judicial guarantees enough.In writing the article mainly uses the value method, historical method, comparative method, as well as specialized legal research methods.