The Path And Construction Of Public Participation In Administrative Legislation In China

With the progress of Chinise socialist rule of law, the legal system and constantlyimprove, more and more widespread public participation in the executive and thelegislature, and plays an increasingly important role. Public participation in theexecutive and the legislature can effectively guarantee the legalization of theexecutive and the legislature, scientific, and is an important manifestation ofdemocracy in a society governed by the rule of law. Modern executive and thelegislature need extensive public participation. Of public participation in the system ofthe executive and the legislature, however, is not perfect, only the establishment of acomprehensive public participation in the executive and the legislature mechanism, inorder to ensure the administrative organs impartial duties, to prevent the abuse ofpower, the maintenance and promotion of the legitimate rights and interests ofcitizens, building democracy and the rule of law in countries The target can be trulyrealized. Therefore, the study of public participation in the executive and thelegislature, to build effective public participation in the mechanisms of the executiveand the legislature, has an invaluable role for the progress of society based on the ruleof law in China.This paper is divided into five parts, the main use of the method of historicalresearch, empirical research methods and comparative research methods. The first part of the author to "the yellow ban" caused controversy as the entrypoint, in-depth analysis of the reasons for its controversial."The introduction of theban yellow light", the starting point is to safeguard the lives and safety of the publicand the stability of the social order. However, due to the lack of science andrationality, in the specific operation of some difficulties, and some even called"draconian"."Good law" to "draconian" changes, it is precisely because the executiveand the legislature in the legislative process, the lack of public participation, and donot represent the majority of the public interest demands, and also reflects a defect inthe design of public participation in the system of the executive and the legislature.The second part discusses the origins of public participation and into itslegitimacy permit. First public participation history combing, I introduced theAmerican public to participate in the system of the executive and the legislature andcompared with the domestic situation, explore our lack of public participation in theExecutive and Legislative. Justification for public participation in the executive andthe legislature to proceed into two major areas: First, from a theoretical point of view,public participation not only highlight the democracy, and protect the public’s right tobe realized, it is an effective means of balancing democracy and rights; Second, legalpolicy, the author by combing the provisions of existing laws and regulations, policydocuments, and has joined the international treaty on public participation in theexecutive and the legislature, the clarity of the protection mechanism of publicparticipation in the executive and the legislature, to find the legitimate rights of publicparticipation in the executive and the legislature based.The third part of the author analyzes the current situation of public participationin the executive and the legislature. The moment of the public to participate in theexecutive and the legislature, there are many problems, outstanding performance:public participation consciousness, the participating subjects uneven, participate in alack of motivation, lack of democratic participation process, to participate in arelatively simple way; imperfect design of the system, lack of legislative initiative,there is no perfect The safeguards mechanism; public access to the effectivelegislative information channels nor smooth. These problems have affected the process of the rule of law and practice in China, and the channels to find solutions toproblems in a timely manner.The fourth part of the author for the problems of public participation in theexecutive and the legislature, and the concept of the rule of law in the administration,the measures. These measures include: given to the public of legislative initiative, toimprove the legislative public participation; perfect hearing system, relief system toensure public participation in the way of diversification; strengthen informationdisclosure legislation; enhance awareness of public participation; balancedparticipation of the main body. I believe that through the implementation of thesemeasures, public participation in the executive and the legislature will be fullimplementation.