Liaison Mechanism Between Administrative Authority And Public Of Local Administrative Legislation

The management theory of traditional administrative law believes the command of sovereignty.It regards the administrative law as a tool to manage the administrative affairs, result in"high power administration"that administrative authority stand high above the masses and burger succumb to the administrative authority.With the development of the theory of administrative law, and the rise of The equilibrium theory, the administrative law emphasizes that individual and the administrative authority are equal for administration. It laid a legal foundation for individual to become the participator of administrative legislative act.In administrative . legislation, The administrative authority and the public are the two poles of administrative, law.They are not who is good and who is bad.Individual is not the passive administered,the relationship with the administrative authority are rights and duties not administration and administered merely.The type of the relationship is varied,including administration relationship as well as service relationship,cooperative relationship.And the administration relationship is also carried out by service and cooperation.The position and effect of individual are becoming important in pace with the development of modern public administration.Modern administration is a kind of administration of service and cooperation.During the course of adrninistration,the administrative organ and the public establish a consultation mechanisrn,the model of communication -coordination -cooperation -service.The service activity is provided by administrative authority,need the the public to participate in and coordinate.The action of administrative authority,whether or not it is advantageous to safeguard public interests or beneficial to promote individual'rights and interest,also subject to the public'supervision and appraisal. The administrative authority and the public should reach complete identity and confidences in each other with consult,dialogue and discuss,to avoid the misunderstanding and conflict.but,there are still some problem in liaison mechanism between administrative authority and public in administrative legislation, such as information without open,lack participation of the public, deficient in superintend, all those hinder critically the effect of liaison mechanism, and the service of administrative authority and the cooperation of the public are also hard to carry out efficiently.It is the task of top priority for development of the consultation mechanism to open government information,enlarge participation of the public and superintend power executing.This dissertation is divided into five chapters. the first one expounds from three aspects: introducing of the topic, status quo , content and methods of this research. The second chapter defines the concept and characteristic of the local administrative legislation,and the concept, main body and characteristic of its liaison mechanism. This chapter also expounds the connotation, origin and meaning of the liaison mechanism in local administrative legislation.The third chapter expounds the concrete system that the liaison mechanism includes from the level of system, and makes a respective introduction about the system's elements and the china and foreign legal rules on it. The forth chapter analyses the status quo, existent problems and its reasons of the liaison mechanism in local administrative legislation in China. The last chapter puts forward the suggestions on how to improve the liaison mechanism in local administrative legislation in China, from the aspests including consciousness, ability, method and system of the liaison on the basis of the forth one.