Study On Public Participation In Legislation From The Perspective Of The Deliberative Democracy

Along with the deepening of the reform and opening up and the development ofthe free market economy, economic structure and social interest groups haveundergone profound changes and it becomes an inevitable trend for the diversificationof society and complication of the interest of people. Faced with such a complex anddiverse interest groups in the process of the legislation, traditional representativelegislation gets into trouble, it becomes an important problem that we have to facehow to make the legislation to the greatest extent to reflect public opinion. In the1990s the emerge of the deliberative democracy caused us to rethink therepresentative democracy theory, the deliberative democracy which advocates rationalnegotiation and public participation coincided with the practice of public participationin legislation in our country, which has laid a solid theoretical foundation for thepublic participation.It is an important breakthrough point in this paper to promote the publicparticipation in legislation in our country from the perspective of deliberativedemocracy. Now domestic and international study on this problem is relatively less,mostly focuses on discussing respectively deliberative democracy or publicparticipation in legislation, rarely referring to the relationship between the two. Underthe guidance of the deliberative democracy to promote public participation inlegislation in our country, it has vital significances for the combination of indirectdemocracy and direct democracy organically; advance democratization of legislationand improve the quality of legislation; ensure the acceptability and effectiveimplementation of legislation.This paper gave a profound analysis of the connotation about the deliberativedemocracy using literature research method and finally draws a conclusion that publicparticipation in legislation is a form of deliberative democracy in legislation.Compared with the representative legislation author comes to the conclusion that public participation in legislation is to make up the defect of representative legislation.At the same time we get an in-depth understanding about the theme from theperspective of deliberative democracy to grasp the characteristics and function ofpublic participation in legislation. Finally on the analysis of status and the existingproblem of public participation in legislation, the author tries to apply the deliberativedemocracy to the practice of public participation in legislation, put the concept ofdeliberative democracy into the public participation in legislation, combining theorywith practice and hoping to provide a reference to promote the development of thepublic participation in legislation.