China’s Public Participation In The Administrative Legislation Legal Problem Research

Legislative relations a beneficial to the people’s livelihood, related to the fundamental interests of the masses. The same is also true of China’s administrative legislation, administrative legislation is the widest in scope, with the majority of the public interests of the most relevant legislation, to make the public get the effective guarantee, in the procedure of administrative legislation in public participation is very necessary. Public participation in administrative legislation is the embodiment of democratic legislation, but also the scientific administrative legislation requirements, more is to improve the quality of administrative legislation of administrative legislation can be carried out smoothly. And the public participation in administrative legislation is the public the right to participate in and supervise the implementation of the administrative legislation, more transparent and science.Administrative legislation in the strict sense is in the social field and redistribution within the rights and obligations of the process, is the various interests of the redistricting process. Therefore in the legislative process will inevitably involve different interests and conflicts. If we can give the public participation in the administrative legislation and to express their views in the opportunity, so that different interests are balanced and coordinated, then on the basis of developed administrative rules and regulations will be more rational, more objective, impartial. The essence of democracy is bound by law:law is made by the people to create. In fact, in many foreign countries and regions of the public participation in the administrative legislation has become a norm, the public participation in the administrative legislation of this procedure have effective systems to safeguard and implement. Although our country can find similar rules, but in other countries and some advanced experience compared to still have certain disparity. In view of this, it is necessary to establish a set of effective system to safeguard the realization of the public participation in the administrative legislation, this also is conform to contemporary democratic administration and legal administration of the development trend and direction.This paper consists of four parts: the first part, the author from the publicparticipation in the administrative legislation of the theoretical basis ofadministrative legislation, the connotation is analyzed, and briefly explain thepublic participation in the administrative legislation related to the " public ", wenton to talk about the public participation in the administrative legislation some legalbasis, the public participation in the administrative legislation are described, laid thefoundation for this article. The second part, using the method of comparativeanalysis about some foreign countries about the public participation in theadministrative legislation and practice, to our country the Enlightenment of thepublic participation in the administrative legislation. The third part of this paper, isexcessive, mainly describes the current situation of public participation in theadministrative legislation in the process of some existing problems. The fourth part,is mainly directed against China in the public participation in the administrativelegislation problems in draw lessons from abroad to compare good experiencecombined with China’s actual situation, to our country to improve the publicparticipation in the administrative legislation.