The Legal Assurance Of Citizens’ Participation Right In The Network Era

Along with the advance of the socialist legal system construction and the reinforcement of civil rights consciousness, more and more attention paid to the exercise and protection of participation right. Guarantee citizens the right of participation is not only the needs of the management of all kinds of state affairs by the citizens as the state power masters, but also the trend of promoting the democratic system construction. Since1990s, the Internet developed rapidly in worldwide area, network information era has arrived, the network participation has gradually become the major ways and means for the exercise of the right of citizens participation, it brings higher requirements to China’s legal system construction.Firstly, this paper describes the basic meaning of the right of citizens participation, and elaborates constitutional theory foundation of the right of citizens participation, on this basis, introduces dual state and social theory, social contract thinking, democratic governance theory and administrative theory, analyses the necessity and significance of the protection of the right of citizens participation.Condly, participation via networks as a new way, compared with others new features appeared, with equality, efficient and convenient, occult, the characteristics of complex motivation. Thirdly, the introduction of existing protection of the right of citizens participation in the legislative, administrative and judicial field, analyzes the reasons for problems of the existing right of citizens participation exercises, namely lack of constitutional guarantees, inadequate of mechanisms safeguard, consciousness is not strong and poor access to legal remedies, and finally, discuss on how to improve and promote legal protection of the right of citizens participation in the internet era, citizen participation via the network is the inevitable trend, the paper argues that enhance the constitutional protection of the right of citizens participation, perfecting the people’s democratic system, improve the protection of the right of citizens participation in the legislative, administrative, judicial system to study, in order to improve the legal security strategy on the right of citizens participation in the Internet age.