Research On Public Participation Organization In Chinese Administrative Legislation Procedure

Administrative legislative process of democratic participation mechanisms is a kind of mechanism which put the democracy of the public participate in the legislative process and the Government’s administrative organic fusion together, so that the executive and the legislature of the government can be able to protect the vital interests of the public effectively. In recent years, the democratic participation of the Chief of the legislative process, the expanding of executive and the legislature’s public and transparent has been recognized by many laws, regulations and documents. First, the process of democratic participation administrative legislative is conducive to citizens’orderly participation in political affairs. Participation of citizens’orderly in politics is an important content of China’s political civilization. Democratic participation of the executive and the legislature process is an important part of the citizens’political participation. With the deepening of reform and the continuous development of the market economy, different social interest groups have been formed, the interests of which are also more and more independent, and expect their demands and wishes expressed through legislation. Democratic participation of the executive and the legislature can wake up the main body of the public consciousness, enhance the sense of responsibility of the public, and improve the public administration of state and society as well as the ability to safeguard their own interests effectively. Second, the democratic participation the administrative legislative process is conducive to the democratic transparency of executive and the legislature. The open and transparent of executive and the legislature is to place government decision-making and the formulation of policies and regulations under the sun, so as to accept the participation and supervision of the public, to prevent the rent-seeking of legislative power, and to curb improper benefits legalization. The most important requirement for China to build a government under the rule of law is that only through a wide range of democratic participation, the executive and the legislature process could be able to guarantee a fair, just and open. Third, the democratic participation of the executive and the legislature will help to improve the quality of the executive and the legislature. The lack of ability and experience for administrative authorities to deal with information can be effectively compensated for the experience accumulated by the public in the process of practice and a lot of information, which is more conducive to the urge to curb the expansion of executive powers, to prevent the interests of the sector, the interests of the legal system and ensure that the legal norms of comprehensiveness, fairness and the quality of laws and regulations. Fourth, democratic participation in the legislative process is conducive to enhancing the implementation effect of legal and regulations. Through comparison and absorption of a full and comprehensive views of all parts in the legislative stage can not only guarantee the enjoyment of the rights and interests of the public, but also raise awareness of the laws and regulations, which is conducive to the laws and regulations implementation and abatement existing laws are ineffective phenomenon.In this paper, through the concept definition of the administrative legislative process of democratic participation mechanism, the history of the executive and the legislature to democratic participation mechanisms have been sort out, the value of democratic participation mechanisms of the executive and legislative program is cleared, which are mainly reflected in the efficiency and democracy. At the same time, the executive and legislative program status and problems of democratic participation mechanisms have been analyzed and summarized. And learn from the developed countries in Europe and America the administrative legislative process of democratic participation mechanisms, the administrative legislative process of democratic participation mechanisms is proposed to improve the open information system from the executive and the legislature, the executive and the legislature for public comment system aspects of the executive and legislative hearing system, the security system program of democratic participation of the executive and the legislature, the executive and the legislature assistant system. So as to seek the executive and legislative procedures in line with China’s national conditions, in order to identify the mechanisms of democratic participation and really make the legislation of the government benefit people.This paper is divided into four parts:In the first part, the general theory of the mechanism of democratic participation in the executive and legislative program were described, which including the main definition of the executive and the legislature, the executive and the legislature, procedures, meaning of democratic participation. Through research and analysis of history of democratic participation mechanisms in China’s administrative legislative process, the most basic value to achieve has been cleared, which are democracy and efficiency for the construction and operation of the system of the executive and the legislature. These two principles are heart and soul of administrative legislative process.In the second part, the present conditions of democratic participation mechanisms in executive and legislative program were analyzed."Legislation Law of the People’s Republic of China", which is the first form of the Basic Law of the Executive and Legislative program made more comprehensive regulations, which provides a legal basis for China’s administrative legislative process. China’s administrative legislation program mainly consists of planning and planning, drafting, puts forward, review, voting and approval, such as published several stages. China’s current administrative legislation program democratic participation mechanism model is the combination of citizens start unconstitutional censorship and the National People’s Congress supervision system, the combination of democratic participation mechanism and the judicial system of the two-way fit, democratic participation mechanism of public supervision and the power of supervision by public opinion combination, etc. But the administrative legislation program democratic participation mechanism of our country has many problems, such as government announced draft legislation is optional, the weakness of public administrative legislation program participation consciousness, the lacking of public participation in the administrative legislation ability, the deficiency of citizen’s democratic participation, the democratic participation system security system is not perfect and so on.The third part is the enlightenment of foreign administrative legislation program democratic participation mechanism to our country. Through the comparison and study of Europe and the United States and other developed countries democratic participation in administrative legislation program of practice, although there are differences between countries of rule of law tradition and national conditions, the public’s democratic participation in administrative legislation program practice mode also have many differences, but it also has a very important significance for our country public democratic participation in administrative legislation.The fourth part is to perfect the administrative legislation program democratic participation mechanism. Through the perfect of administrative legislation information openness system, which to let the public comprehensive detailed understanding of the relevant administrative legislation, to arouse the public’s democratic participation enthusiasm of administrative legislation, but also to provide accurate information collection administrative legislation. Through the perfect of administrative legislation for public opinion system, good social effect can be achieved, the confidence of the people to the rule of law can be enhanced and the democratic legislation can be promoted. Through the perfect of administrative legislation program democratic participation of the security system, the administrative legislative program dominant right and a large number of use of discretion in the administrative legislation process, which make the public’s democratic participation in a passive state, even ignore the rights of participation can be prevented. Through the establishment of administrative legislation assistant system, the legislative drafting in the bill of standard tendency can be overcome, the objectivity and impartiality of the law can be ensured, and thus the bill draft professional, technical problems can be solved. At the same time, it can provide services for local people’s congress and the standing committee members of the legislative power exercise, thus it can be conductive to reflect the new period of the legislation idea.