Study On Public Participation Of The Administrative Legislation

With the recent construction of the harmonious society, and the establishment of the Rule of Law, the public and the government has gradually established a good interaction, the strong will of the public participation in politics has gradually infiltrated the field of administrative legislation. Public participation in administrative legislation is the protection of the democratic legislation and an important guarantee for scientific legislation. First, public participation in administrative legislation makes up the deficiencies of the democracy with the legitimacy of the procedure, so that a comprehensive understanding of all aspects of information can be made by administrative departments who make decisions truly representing the public interest. Second, Public participation makes the executive more scientific and improve the level and quality of legislation, so that the final outcome of the execution and legislation gets the people's recognition and support. Finally, public participation can enhance the publicity and transparency of legislation to reduce the arbitrary nature of administrative departments, to a certain extent, to avoid the arbitrary and biased phenomenon in executive department, lower the cost of the administrative legislation and execution. However, current laws and regulations on the rights of public participation are too general and vague. The over-expansion executive discretion and initiative result in that the public can not effectively participate in the process of administrative legislation. In view of this, we need to establish a comprehensive system of public participation in administrative legislation, and make sure citizens can effectively participate in the administrative legislation practice. As a result, we can make the executive and legislative activities show a more democratic and scientific posture.This article, besides introduction and epilogue, is divided into four parts. Brief introduction introduces the origin and the current research status. The second part of public participation set the theoretical basis, the related concepts, theory and public participation in administrative legislation in areas such as the necessity and feasibility, intending to recover the traceability to research theoretical and practical significance in administrative legislation. The third part is a comparative analysis of foreign public participation in the system of practical experience as well as defects. Our country should learn from foreign experiences to improve mechanisms for public participation in the administrative legislation. The fourth part surveys our system of public participation status to reflect on the problems and analyze their causes. The fifth part perfects mechanisms for public participation in administrative legislation, and puts forward that by establishing the openness system of government information, giving public the right to propose the administrative legislation to establish legislature proposal system, improving legislative hearings system and establishing circularization system, we can improve the system of the public participation in administrative legislation.