A Study On Citizen Participation In Administrative Legislation

According to the theory of separation of powers and the requirements of the principle of popular sovereignty, legislative power is reserved exclusively by the legislature. The function of administrative organs is just to execute the laws made by the legislature. Though with the rapid development of society, laws made by the legislature can not able to meet the needs of social management. Administrative legislation comes into being. They can meet the needs of social management very well because of the flexible form. However legislative power owned by administrative organs is not directly granted by the citizens, people begin to question the legality of the legislative power owned by administrative organs widely. Citizen participation in administrative legislation can compensate the shortcomings and enhance the acceptability of administrative legislation and improve administrative efficiency fundamentally because of the consultative mechanism.Practice of citizen participation in administrative legislation started very late in China, but the spirit of it was being early. In the short 20 years, the practice of citizen participation in administrative legislation has already developed both in relevant provisions of legislation and in practice. However the practice of citizen participation in administrative legislation in China has a lot of problems, such as the scope of participation is extremely limited, the legislation which to regulate citizen participation in administrative legislation is abstract and some relevant provisions are missing. Those problems badly affect the effectiveness of citizen participation and we should draw on some practical experience from other countries to improve the citizen participation in administrative legislation in China.I suggest that we should do from the following four aspects to perfect the citizen participation in administrative legislation:first of all we should build the motion right of citizens who participate in administrative legislation. We also should perfect open administration system, hearing procedures and relief system. I believe that citizen participation in administrative legislation can be well perfected through the above procedures or systems and administrative legislation can play a positive role in the management of the complex social life.