About The Reconstruction Of Hearing System In The Administrative Decision-making From The Perspective Of Public Participation

In recent years, the rising of public participation has become an increasingly important area in public life of China, and has also become a symbol of the "democratization" of public life. At the system level, public participation has been endowed with the functional expectations of the promotion of the "democratization and scientification" of legislation and public decision-making, and has been regarded as an innovation of system which is to perfect the democratic system and to fulfill the commitments of democracy. In the Report on the Work of the Government of 2006, Premier Wen Jiabao pointed out: Adhere to the scientific and democratic decision-making. In order to insure the scientific and correct decision-making, we should continue to improve the decision-making mechanism which combines public participation, experts' argument and administrative decision-making. We also should speed up to establish and improve the collective decision-making system, experts' advice system, publicity and public hearing system and responsibility system of decision-making. All major policy decisions should be made only after collective discussion and on the basis of in-depth investigations and studies, wide opinions and full arguments. As a basic system of government work, these should be persevered for a long period in the future." In the 17^th National Congress of the Communist Party of China in 2007, it is pointed out that: Uphold that all power in china belongs to the people. We should make more citizens from all levels in various fields orderly participate politics and extensively mobilize and organize people to manage state affairs and social affairs, economic and cultural undertaking according to law. The ruling party's declaration not only can be regarded as the recognition of the rise of china's growing civil society, but it also provide a solid political foundation to make more public participate in the cause of China's vigorous development. At the same time, some incidents, like the 2005 Rehabilitation engineering Yuanmingyuan incident, the 2007 Xiamen PX incident and the extensive public consultation during the enactment of "the PRC Property Law", reflect the public's demand for participation in state affairs. The top-down demand for legitimacy and the bottom-up demand for the protection of rights, which converge on the platform of public participation, consciously or subconsciously help the system of public participation to be originated and matured.Along with the deepening of economic globalization, the globalization of political democracy is the general trend. However, democracy itself has a very rich meaning. Democracy which can make great progress in the promotion of democracy and a prosperous country is not a simple, crude and nominal democracy. The 17^th National Congress of the Communist Party of China explicitly pointed out, "democracy is socialist's life" and stressed that "the most effective and extensive way to make the people to be the master of our country is that the people directly exercise their democratic rights, manage grass-roots public affairs and public welfare in accordance with the law ". Based on the socialist democratic traditions and experience of the country's democratic transition, China's democratic system embodies the inner-party democracy, deliberative democracy, participatory democracy, grassroots democracy and other forms which are all under the People's Congress system. But because of the "left" impact before the opening-up policy and "economic priority" in the process of opening-up, various democratic systems have not played well, and the democratic function of social stabilization and education of people also have not been very good to play. From 85 villagers selected their village committee by secret ballot in Guangxi, Yizhou, Pinnan village at Feb. 5, 1980 to residents in Xiamen express their wishes through the form of walking in 2007 Xiamen PX , these constructive models of public participation promote the process of a democratic system. However, there are a number of destructive public participation, such as Weng'an incident in Guizhou, Menlian incident in Yuannan and so on. These incidents manifest more and more specific needs of the public interest and the limitation of the institutionalization. Since opening-up policy, the majority of constructive public participations are enacted. However, destructive public participation remains a threat to social order and sustainable development.Therefore, public participation needs corresponding system to support. Administrative decision-making hearing system, as a form of public participation, which firstly established in the 1998 "People's Republic of China Price Law," has more than ten years' history. Administrative decision-making hearing system has continuous development in laws, rules and other dimensions, which shows that administrative decision-making hearing system is able to play a positive effect in practice , and also shows that there are still many places need to perfect.This article, from the perspective of public participation, analyzes administrative decision-making system under the premise that it ought to be contingent and actual, and finally put forward a sound proposal. Under such conception, this paper is divided into the following sections:Firstly, it analyzes the background, purpose and significance of the research. Secondly, it defines the basic concept. Thirdly, it describes the existing research results. Finally, it points out the innovation of this paper. Chapter one mainly analyzes the theory of public participation, including three aspects: the trend of public participation, theoretical basis and system. Chapter two mainly analyzes the theory and practice of the hearing of the administrative decision-making. The theory part includes the origins, principles and values of the administrative decision-making system. The practical aspects mainly analyze the reality of the plight of hearing system of the administrative decision-making, and reflect the deficiency of the practice of public participation in the authenticity and the effectiveness. Based on the previous analysis, chapter three argues that how to build an effective hearing system of administrative decision-making from the perspective of public participation, which specially includes the following aspects: to redefine the organizers of the hearing of the administrative decision-making to ensure the fairness of public participation; to improve the preparation of the hearing procedures before administrative decision-making and to ensure the capacity of public participation through the fulfillment of the information opening obligations of the administrative decision-making body; to give the new meaning of experts assistance in the traditional process of administrative decision-making, that is, experts are not only in the administrative organ side of all, but also in the side of the public, so that the week in society do really have the ability to dialogue with the administrative organ rather than engaging in "autocracy" administrative decision-making hearing; to enhance the effectiveness of administrative decision-making hearing. The reason for the public to participate in national and social affairs is that they consider this to be able to have an impact on administrative decision-making. Then it could realize the share of the administrative decision-making power.As the form of public participation, hearing system includes hearing records and hearing reports of suggestions after the preparation for the hearing and the hearing stage. The essence of the effectiveness of public participation is the influence of hearing documents on the administrative decision-making. It is feasible for us to reinforce the effect of the administrative decision-making hearing through perfecting the "record exclusion system" and the "reason-giving system".