The Study On The Public Participation In The Administrative Legislation

Since the reform and opening, in order to meet the need of times and society, the administrative legislation of our country has got a vigorous development, and played an important role in promoting the development of economy and stabilizing the social order and etc., thus, it has become a important method for the government administrative management. But the administrative legislation was a two-edged sword. With the continuous expansion of the administrative legislative power, it has brought many problems in practice and the phenomenon of infringing on the lawful rights and interests of citizens has occurred from time to time. Through lots of theoretical explorations and practices, the public participation has become the important mean of controlling the administrative legislative power effectively and making up for lack of legitimacy. However, in our country, with the rapid development of market economy and the gradual deepening of the reform and opening, citizens’right consciousness and participation awareness have been enhanced, but the current laws and regulations of the public participation right are very general and vague, resulting in the great swelling of the administrative discretion and dominant right. Most of the time, the public could not participate in the administrative legislative process effectively. Therefore, in order to ensure the public participation right functions effectively and urge the administrative legislation more democratic, scientific and more in line with the needs of society, it is necessary for us to establish a system for public participation in the administrative legislation, which suitable for the national conditions of our country. In this paper, the author hopes to introspect the current situation of the public participation in the administrative legislation of our country, and to face the deficiencies of the system of public participation in our country. Then on the basis of this. we can study and draw lessons from the experience of foreign public participation in the administrative legislation, strive to explore a system suitable for the national conditions of our country, which can make the public participate effectively in the administrative legislation, restrict and prevent the illegality and abuse of the administrative legislative power.This paper is divided into four parts:In the first part, the author defined the basic concepts of the public participation in the administrative legislation, elaborated the legal bases of the public participation in the administrative legislation, and the realistic significances of the public participation in the administrative legislation at present in our country. In the second part, the author deeply analyzed the current situation of the public participation in the administrative legislation of our country from two aspects, which are the system and the practice. Then found out the deficiencies of our current system. In the third part, the author introduced the public participation in the administrative legislation system of the United States, Britain and Japan respectively. And then summarized what is worth using for reference from the systems of these countries. It includes the following four points:public participation penetrating into each part in administrative legislation, the diversification of public participation in administrative legislation, the legal procedure of public participation in administrative legislation, and the perfect security mechanism of public participation in administrative legislation. In the fourth part, the author construct the realization mechanism of public participation effectively in administrative legislation from three aspects such as guiding the incentive mechanism of public participation, standardizing the lawmaking authority organization of public participation in restriction mechanism, and improving the guarantee mechanism of public participation, in order to achieve effective control of administrative legislation power and safeguard the legitimate rights and interests of citizens. The incentive mechanism of public participation mainly includes the drive mechanisms of public participation in administrative legislation, broadening the public participation in the administrative legislation, and actively cultivating various types of social intermediary organization. Standardize the constraint mechanism of public participation including the public system of administrative legislation, the motion system of administrative legislation, and the hearing system of administrative legislation. And the Security mechanism includes the two aspects such as establish the responsive mechanism of public participation, and construct the supervision mechanism of public participating effectively in administrative legislation.