Studies On The Mechanism Of Public Participation In The Administrative Legislation

Legislation related to the people's livelihood, the success or failure of legislation has direct relationships with the majority of the people's vital interests.As an indispensable part of China's legislative system, administrative legislation has played an important role on improvement of the legal system.With the development of society and the legal system, "open-door legislation", it is an irreversible historical trend block to allow broad public participation in the legislative process. In recent years, with the acceleration of administrative legislation 's democratization process, China promulgated the "Legislative Act," then "regulations and administrative regulations to establish procedures", "Rule Making Procedure Ordinance," and has promulgated successively. Throughout the country have undertaken a range of public participation in practice the rule of law, the concept of administrative participation began to infiltrate the field of abstract administrative act, follow the trend of social development. At present, the public can can participate administrative legislative procedure through various forms, such as holding forums, seminars, public hearings, written comments, to seek the public opinion of citizens Through these forms of citizen participation in legislative activities and the rule of law and practice, to protect the basic rights of its participation in the legislative. To ensure that the executive and the legislature's impartiality, rationality, the executive and the legislature is expected to enhance the implementation of results.In recent years, public participation in administrative legislation of China has made great effect, but it is can not be denied, it still has many problems, such as in administrative legislation, public participation is not high, participation process lack of legalization and democratization, public participation rights are not proper legal protection, public participation in administrative legislation is still relatively simple way, so it is difficult to implement democratic principles. In view of the status of public participation in administrative legislation, I believe that our country should be based on the actual situation, then inspect the public participation system of foreign countries and draw lessons from the useful experience, through sound public system of administrative legislation, build administrative legislation moved the public system, improve administrative legislation hearings, strengthen legal protection for the rights of public participation and expand the ways of public participation in administrative legislation to To perfect the mechanism of administrative legislation in the concept of public participation.This paper is divided into four parts:The first part defines related concepts of the public participation in administrative legislation, explained the practice executive and legislative mechanisms for public participation in the practice origins and theoretical basis of public participation mechanism and the basic forms of public participation in administrative legislation. And elaborate the significance of public participation in administrative legislation to improve the accuracy of administrative legislation, ensure the impartiality and rationality of administrative legislation, and protect scientific and practical of administrative legislation, Enhance the effect of the implementation of administrative legislation. The second part introduce the foreign countries and Taiwan 's system of public participation in administrative legislation, introduced related legislative practice of the United States, Britain, France, Germany, Japan, Switzerland, South Korea and Taiwan of China's public participation in administrative system. And summarized these countries and regions's public participation in administrative legislation mechanism and learn from some of the features of this places. The third part analyze related law system and empirical rule of law of the current process of public participation in administrative legislation oin-depth analyze e status of public participation in administrative legislation. The fourth part of our executive and legislative mechanisms for public participation in a number of problems including lack of public right of legislative initiative, legislation is too narrow the scope of the public, lack of appropriate systems security, public participation means more single administrative legislation, public participation in administrative legislation procedural rights of the lack of a sound protection mechanism. Part V Improvement of administrative legislation put forward the concept of public participation, improve the executive and the legislature is divided into specific open system, build executive and the legislature moved the public system, improve public participation in executive and legislative hearings, to strengthen public participation in administrative legislation and the expansion of legal protection Chief legislative measures so as public participation. In short, the executive and the legislature want to reflect public opinion, to achieve the goal of democratization, we must absorb as much as possible public participation. Based on the foreign national executive and the legislature's description of public participation in the system, in-depth analysis of our executive and legislative status of public participation, by improving the executive and legislative mechanisms for public participation in the initiative, hope to promote the democratization of administrative legislation beneficial.