Administrative Enforcement Of Public Participation

Public participation as the communist party of China in17th and18th big reportwith particular emphasis on the development of a important form of socialist democracyin our country, will have great development in China. Under the background of thedevelopment of socialist democratization, democratization in the administrative areaswith developed. As a product of democracy, will be introduced to the publicparticipation in administrative area is our country the inevitable trend of development.At present, whether the positive study of the administrative authority for publicparticipation mode, or the public enthusiasm for public participation in support,suggests that the public participate in the important position in the administrative lawenforcement activities. Therefore, in the face of the rise of public participation inadministrative enforcement of law, this paper aims to public participation in theadministrative law enforcement related concept and the function of interpretation, andin-depth analysis of the current our country related legislative present situation and theconcrete implementation of public participation in the situation, summed up theproblems existing in public participation in administrative enforcement of law and thereasons, and tries to put forward concrete opinions and Suggestions of the solutions tothe targeted, with Chinese socialist characteristics development and perfection of theadministrative law enforcement of public participation.On the structure, this paper is divided into four parts altogether. The first part ofpublic participation in the administrative law enforcement the basic meaning of thewhole paper, from the perspective of administrative law enforcement the conceptualdefinition, and at the same time, comprehensive interpretation of public participation inthe basis of the concept, connotation and constitutional government.The second part mainly analysis the main function of the public participation in theadministrative law enforcement, including positive and negative functions of publicparticipation in the two aspects. About the positive function of public participation ismainly manifested in: the public participation in administrative enforcement of the lawembodies the participatory development trend; While guarantees the democracy ofpublic administration to promote the administration authority administration accordingto law; Improve the efficiency of the administrative law enforcement work, ensure the implementation of the law enforcement,The negative function mainly displays in:public too much to participate in the administrative law enforcement process will lead toincreased administrative costs, indirect influence the administrative efficiency; In theprocess of public participation in a handful of people, the interests of the disadvantagedgroups are easy to be replaced by the interests of the group, causing the lack ofadministrative goals; Occurring in the process of participation in the public discussionswith the interests of the administrative organ to affect the functions of administrativeresponsibility.The third part describes the present situation of public participation in theadministrative law enforcement. Public participation in the administrative lawenforcement began gradually developed after the third plenary session, after the party’s17th national congress, the public participation is more full of enthusiasm, involved inthe scope of the also more widely. In the specific execution of public participation inadministrative law enforcement, through a large number of instance analysis can beobtained, The whole process of participation is gradually maturing, the participationway tend to be diversified, the participation of public participation in administrative lawenforcement way more and more diversified,and the public participation in groups isbecoming more and more widely. Public participation rights more and more clear,public personal subjectivity status are also rising, the consciousness of activeparticipation in the growing. However, in the concrete implementation process alsoexposed many problems: Such as the inadequacy of ability of public participation,public participation in narrow channels, participate in the system is not sound, and Lawenforcement efficiency and democracy, the lack of balance mechanism, etc.In the fourth part mainly is to perfect the rule of law, On the basis of analyzing onthe problems existed in the public participation in the previous chapter, combined withthe concept of administrative law, put forward from the concept, system, technology,and balance mechanism four aspects of the perfect measures. On the concept,administrative subject and the citizens should build up the idea of administrative rule oflaw. In the aspect of system, we will improve the system of related procedures, andrelief system. On participation channels, in addition to perfect the original channels ofparticipation, to establish a network information government and give full play to therole of the news media, establish benefit on behalf of the mechanism. In terms of balance mechanism, guarantees that integrated balance various interests at the sametime introducing mechanism of collegiate bench and maximize the benefit ofadministrative democracy.