Studies On The Mechanism Of Public Participation In The Administrative Legislation

After the administrative country emerging, administrative legislation appeared based on meeting the needs of social management. The election of administrative legislation has far-reaching and substantial impact on civil, society organizations, as well as national.However, the legitimate and rationality of Administrative legislation is questioned since it produced.In China, the administrative organs master the legislative power of the administration and develop a lot of administrative legislation. In other words, the public can not participate in the administration of legislation in advance. Supervision over rulemaking within current political system is restricted in the executive branch, and the public is equally unable to participate, so public only supervise in aftermath. Administrative legislation is the lack of democracy. With the advance of the process of democracy and the rule of law, With the process of promoting democracy, the rule of law, more and more attention to the democratic legislative and scientific legislation. Public participation in administrative legislation is an important manifestation of the Chief of democratization, is to ensure that the Administrative legislation scientific and effective mean. Moreover, the legislature to open the door legislating actually has become the world an irresistible trend.All over the country extensively carry out practical activities that Public participate in the administrative legislation. It is common to the public through hearings, seminars, and public opinions to participate in the Administrative legislation. But compared to other counties which have perfect system of Public participation in the administrative legislative, our system exist many problems.On the legislative front, the law is general and vague, and lack of institutional protection mechanism;on the practical level,the sense of public participation is weak, and the effectiveness of public participation in administrative legislation is inadequate.The paper is divided into five parts.The first part is the introduction.The introduction points out the background of the topic, significance, and current research status,and analyze innovation and the inadequacies of the thesis research.The second part is the basic theory of public participation in administrative legislation, which explains the basic concepts, introduces the historical background and theoretical basis of the mechanism, and analyzes the value of public participation in the administrative legislation. In the third section, according to analyzing the status of the system of the public participation in the administrative legislation, the article point out that the system of public participation in administrative legislation can not effectively implement, lack of mandatory provisions and Information exists unequal.The fourth part is the introduction of foreign-related systems. Starting from changing the concept of the government and Improving the sense of public participation, the last part specifically discusses to further improve the system of public participation in administrative legislation though the development of uniform legislation;and Improving the system of information disclosure,the motion system, the system of public hearings, interested parties and experts involved in the system and security system.