On The Public Legislative Participation Mechanism

In sage Aristotle's classics definition of the rule by law "should contain the twofold significance: the law which has established obtains universal obeying, and the law which everybody obeys should be a good law." The true rule by law, must be good law governing. Only having good law governing, the law can obtain the general populace's approval and following, the law can realize the legal supreme's modern country idea. Good law is the premise and the public acceptance is the target, this is the truth in China socialism constructs of rule by law. But the present legislation situation in our country is: the law was modified several times by the legislators which often difficulty to carry out and the law which citizen urging reputably actually appeared for a very long time, it's the awkward situation between the legislation and the law practice. For many years, the studies about judicial reform argument seems by no means to properly solve the question about the difficult to carry out the law, and this article attempt to settle the legal execution difficult position from the source of legislation, namely constructs the public participation legislation mechanism in our country, causing the law on comprehensively absorbing public's opinion at the beginning of the legislation, and then conformity public's legal benefit to achieve legislation's effect and value.This article divides five parts besides the introduction; the first part carries on the analysis both in macroscopic angle and microscopic angle, to inspect our country legislation present situation. On the macroscopic angle, reviewing the development of legislation in China, and summarize the later development tendency according to the domestic international situation; on the microscopic angle, inspecting the realistic question existed in our country's legislation, through the diagnosis material to explain the disparity between the ideal of legislation and the reality of legislation.The second part takes introspection through the question which proposed in the first part, inquired into its existence reason and the influence to the actual effect, the sociality, the democratic of legislation. And integrating the new actions sated up in practice, proposed construct the public participation legislation mechanism is the inevitably choice in achieving legislation's value.The third part base on the theory of public participation to proof public participation legislation has it rationality in our country, and seeks feasible practice foundation of public participation legislation mechanism from our country legislation practice. In the legislation practice, the attempt which participation to the public symposium, legislation public hearing method, common announcement legislation draft and so on, but these procedures only are the primary shape of participation in the legislation, and also waits for the standardization and systematization.The fourth part emphatically analyzed the difficult position in our country to construct the public participation legislation mechanism, which include the hindrance in system and the collision of citizen's perception, it is the obstacle which have to attack and capture in the road of constructing the public participation legislation mechanism. Through anglicizing the difficult in constructing public participation legislation mechanism, the current legislation work has been clear, and which also is advantageous for proposes the corresponding solution.The fifth part makes suggestions to construct public participation legislation mechanism our country, which from clearing legal direction, optimizing system environment, and eliminating citizen's worry. This article discussed in detail about how to construct public participation legislation mechanism our country, expected through it to realize our country's "good law governing".