On The Improvement Of The Mechanism Of Public Participation In Legislation

Mechanism of public participation in legislation is a democratic legislative system under which non specified public(natural person legal person or other organization), under the organization of the powerful legislative body, in accordance with legal procedure or in a statutory way, take part in the activities of making、modifying、supplementing or abolishing normalizative document of law in a well-organized way, in order to express opinions or interest demand, and supervise the whole legislation activity conducted by the legislative body. As an important part of modern democratic legislative system, the mechanism of public participation in legislation must be under the premise of democracy theory and under the security of legal procedure.Despite the mechanism of public participation in legislation is heading for a positive way, however, provision about public participation in legislation is imperfect. Explicit rules about the scope、opinion feedback mechanism、restriction system of adopting public opinion by legislative body、remedy approach、law accountability of the mechanism of public participation in legislation are still missing. Furthermore, mechanism of public participation in our country having just started, public opinion being not very reasonable, individual departments institutionalizing department interest and repelling legal advice, which leads to the immature and poor effect of public participation in legislation. Herein on the basis of discussing democratic theory and understanding the value of public participation in legislation, this article analysis the current situation and shortcomings of public participation in legislation, and offers some suggestions in order to be conducive to the mechanism of public participation in legislation in our country.