Study On Legal Institutions Of Public Participation In Important Administrative Decision-making

The public participation in administrative decision-making is thosebehaviors that refer to the administrative authority ask for information andopinions from the public and of the interested person or organization in orderto enact an administrative decision-making.Through the feedback andinteraction,those behaviors can have effect on the administrativedecision-making.The public participation in administrative decision-making isthe inevitable requirement of all the national democratic administration. Thepublic participation is introduced to China from the westto and after20yearsof development,public participation of China in legislative,administrativedecisions and public management has made some achievement;the party andnational leaders pay high attention to the public participation and make manypolicies to stress the necessity of each level public participation.The studyof the theory of the public participation is mainly arriving in science ofpolitical,administration,administrative management and law, mainly includingthe concept,classification,theoretical foundation and way of publicparticipation,etc.Our country’s current research in public participation inscience of political,administration and administrative management aspects arecentered,legal aspects of the relative research is lacking.Important administrative decision-making is product of our country’smodernization.On the one hand,concept of important administrative decision-making has solved the the object of public participation inadministrative decision-making;on the other hand,it has raised tallerrequirement of public participation in the legal system security. Importantadministrative decision-making is an abstract concept and defining of importantadministrative decision-making needs meticulous strict standards.Due to avariety of historical reason and the disadvantages of current administrativesystem,important administrative decision-making presents a empiricalorientation,a number of defects in democratization,scientific and procedures.China’s current laws and regulations concerning public participation inimportant administrative decision-making are principled and scattered, notunify or perfect regulations,lack of maneuverability.In contrast to the UnitedStates, Germany and Japan, as a representative of the Chinese and westerncountries,legal institutions of public participation in importantadministrative decision-making are more specific,perfect and feasible,;theexecution of those institutions has obvious effect;the abobve three countriesprovide a lot of experience.In addition to the problem of lack of legal institutions,importantadministrative decision-making in our country also include the public and themain body of the decision-making consciousness behind.In order to perfect thelegal system of our country’s public participation in important administrativedecision-making,first of all,we must foster and strengthen citizens’consciousness of participation and decision of the main body of the democraticconsciousness;then clear about the participation in the main area and forms;andto guarantee the realization of the right of public participation from the sourceof public participation,we must establish and complete legal system through thelegislation of administrative decision-making;beisides,ensure that when publicparticipation meet obstruction,there are necessary and effective relief measures.