Study On The Public Participation In The Administrative Legislation

According to the classical constitutional principle of decentralization and balance in western countries, administrative organs, as enforcement organs, have the function of enforcing the law while parliament enjoys the power of lawmaking. However, along with the changes of social conditions such as economic aspect and also with the complication of social life, much more and higher demands are advocated about the quantity, technology and limitation of legislation. So it is necessary to authorize the administrative organs the lawmaking powers. Nowadays, administrative legislation, the action of making administrative law and rules by administrative organs in accordance with legal authority and procedure, prevails universally around the world.The occurrence of administrative legislation brings great challenge to the classical constitution nal principle. To have effective control over administrative power of lawmaking by administrative organs, the way that parliament authorizes the control of legislation and judicial unconstitutional'inspection is used in many countries. In practice, the powers of administrative organs that authorized by parliament are a lot more and the function of judicial inspection is often restricted. When western countries came into Monopolistic Capitalism, the thought of democracy became common, and the voice of more participation in a nation's political issue became higher. Democratic Participation Notion, the direct reflection of democratic spirit sprang up. Democratic participation system in administrative legislation is the natural extend of Democratic Participation Notion. It ensures the public's participation in the whole administrative legislation process in order to control the abuse of administrative discretionary power and make administrative lawmaking,power have. positive function.Complying with the process of constructing a harmonious society and the establishment of rule of law and the market-oriexlted economy system, the relationship between our government and the public becomes better. Meanwhile the notion of participation prevails in administrative legislation field and various kinds of law, rule and regulation which represent democratic spirit are promulgated. At the same time, what we should not neglect are still a lot. Ambiguity, which enables the administrative organs to have more space to choose, gives the citizens insufficient protection and their participation opinions can not be respected and take effect. Also, lack of obligation-finding and right-protection systems makes the democratic participation having no substantial meanings. So, the author believes that the set of democratic participation system is indispensable to make a good arrangement of the rights and duties between the administrative legislature and parties of interest, with the notion of rule of law and more participation. Based on the previous, this paper raises concrete measures in order to make the democratic participation system much better, for example, perfecting the publicity and hearing system, establishing civil-motion system.The methods of rule-analysis, comparison-analysis and practice-analysis are used in this paper. There are three parts besides the foreword and the postscript:the first part is the basic theories about.the democratic participation in administrative legislation, which constitutes the concepts, constitutional foundation, basic requests and practical comparisons about democratic participation in western developed countries. The second part describes the real practice of democratic participation in our country's administrative legislation, makes a conclusion of the insufficient and analyzes the causation.'The last part, which is also the core of this paper, proposes certain measures for the perfection of the democratic participation system from the value and pattern-choice of this system.There are two aspects of innovation in this paper, the study methods and the content. The previous one is about the enough fuscous of comparison and demonstration of various literatures, from which the author found the propositions; also make a conclusion of the democratic participation foundation giving its rationality and inevitability. That forms the second aspect is the proposal of perfecting the democratic participation system in the administrative legislation by establishing the system of democratic participation in different periods.