Improve Public Participation In The Administrative Process And Its Legal

With the explosive growth of national public affairs, modern government's public administration was beginning to permeate the every aspect of social life and the government could not play the role of night watchman any more. The old bureaucracy and management found it was hard to adapt the modern society's changing speed and pluralistic structure, to response the growing political crisis, the increasingly heavy decision-making and the rising demands of participation effectively. Therefore, Reform the Government became a core issue. Invariably, some emerging theories, such as the New Public Service, Governance Theory, Participatory Democracy and Deliberative Democracy, had put Public Participation as one important path to reform the government. Specific to China, public participation becomes one significant principle, procedure and system in administrative law, and it has been provided in some legislation and has been put into practice. Especially in recent years, there are more and more cases and examples of public participation in the administrative process. Public Participation has been applied in all kinds of administration procedures, such as administrative legislation, administrative decisions-making, administrative license, and administrative penalty. And the participating field has gradually expanded from the environmental assessment and city planning to price changes, pet policies and other affairs closed related to people's lives, such as the hearing of Yuanmingyuan Garden's lake seepage project, PX project in Xiamen. Therefore, it has important theoretical and practical significance to study the public participation in administrative process in China and its legal improvement. Based on the combining research methods of literature study, system study and case study, this thesis will try to explore the public participation in administrative process from the following five aspects. Firstly, this thesis will explain public participation's four significance and four limitations respectively, especially discuss the limitations in detail, including the quality, costs, representation and paradox between process and substance justice. Secondly, this thesis will systematically summarize and review the public participation's achievements and existing problems from the aspects of legislation and practices. Thirdly, based on the problems, this thesis will put forward three principles, participation in order, participation with rationality and participation in effect. Fourthly, this thesis will put forward some initial proposals to improve the public participation's legislation after overall considering Chinese conditions and foreign experiences. Fifthly, this thesis will give some suggestion on the public participation's mechanism innovation and improvement, including government information public mechanism, information feedback mechanism, representatives selection mechanism, the choose mechanism of participating forms, participation's liability mechanism and relief mechanism.