Research On The Bill For Public Comment Procedure

Public participation in legislation is required by modern society to achieve democracy and the rule of law, to expound the law of legislative activity and China’s economic and social development. In recent years, public participation in legislation is not only a political trend, but also a system arrangement confirmed by laws and regulations and other political documents. The Constitution clearly states:"All the powers of the People’s Republic of China belong to the people". Legislation Law further clearly states:"Legislation should reflect the will of the people, promote socialist democracy, and guarantee the people participate in legislative activities through several ways." Seventeenth Party Congress report clearly pointed out:"In principle, making laws and regulations and public policy that closely related to the legal interests of the masses should take counsel "and" from all levels in various fields to guarantee citizens’orderly political participation ". In the2010government work report, Chinese prime minister, Wen Jiabao pointed out:"In future China should innovative public participation in legislation and give full play to the role of supervision by public opinion." Publishing and opening draft law to the public for comment is one of the most effective and influential way.Since the reform and opening up, the Chinese legal construction made remarkable achievements, public enthusiasm of participation in the legislation grew in intensity, legislative activities must meet the increasingly high demand for democratization and scientific, and the applicable act for public comment procedures have mass base, law and policy support. This paper expound on theoretical basis and value argument of this program, examine the achievements and problems of bills public consultation procedures in our legislative practice, analysis the bill openly solicit the views work practice, analyze the causes, and systematically investigate related Japan Act public comments program-the administrative legislative process in the views of the public offering procedures, and learn from the successful experience, intend to our bill for public comment procedures defects perfect views, further attempt to build public comment procedures of bill. This paper used literature, empirical studies and comparative research methods.Since the Legislation Law of the People’s Republic of China issued in2000and published in2001, and the Administrative Regulation Establishment Procedure Law clearly defined the public comments, the work of bill for public comment continues to flourish and has made remarkable achievements both in system building and in practice. Multiple laws and regulations were opened to the public comments, local public comment show the diversification and local innovative features, public comment system with Chinese characteristics further development and improvement. But due to a late start, complex national conditions, China’s bill to seek public views on the program is still in the exploratory stage, there are inadequacies in many ways that need to be further developed. For example, the lack of program stipulates in existing laws lead to poor operability; announcement documents are incomplete, propaganda and participation are in improper manner; public participation are not enthusiastic; lack of a feedback mechanism for public comment; there is not a clear provision on the application for public comment range and so on.Completing procedures of bill for public comment have multiple values. The own organizational characteristics of legislature and its limitations determine that in China legislature must rely on external resources to achieve scientific legislation, as an important method of public participation in the proposed bill, the procedure of bill for public comment make the legislature and the public scrutiny of bills achieve a interaction and integration of their respective information and knowledge advantage, so as to enhance the scientific content of the legislature; the limit of legislative resources determines the legislative process must establish a scientific procedure to rationalize the distribution of resources and to avoid legislative resources wasted, bill public comment procedure is able to reduce multifarious Legislative coordination which is caused by local protectionism and sectionalism legislation, pay more attention to advice from experts and scholars is useful to avoid the errors in legal and legislative technique, thereby improving legislative efficiency; democratic legislation with expressive function, collection function, communication function, coordination function, game function and publicity function is conducive to the acceptance and recognition of the legal file. As well, it is propitious to the implementation of the law.For the Improvement of the bill for public comment procedures, this paper systematically investigated the views of the public offering system related systems in Japan-the process of the executive and the legislature, and pointed out its advantages and provide some inspiration and ideas for further construction of the public comment procedure.