The Legal Prevention Of Mass Incidents From The Perspective Of Public Participation

These years, the quantity of mass incidents and the numbers of participants in China is in a multiple trends. Because of its mass destruction to public order and social benefits, mass incidents, which is a social phenomenon, has attracted so many attentions from government agencies, scholars, and social media. Therefore, there are more and more research to finding the efficient ways to preventing and solving the problem initiated by mass incidents among scholars, at the same time, government agencies are finding the best effective strategy to preventing and defusing the affection caused by mass incidents.From the history of the development of mass incidents, it can be easily found that, since the foundation of China, the concepts of mass incidents has changed from political to legal, which proceeds with the deepening development of Chinese legal system construction. The change has laid the foundation of legalization of the ways to preventing and solving mass incidents. Currently, legal features of mass incidents are various, such as, the diversity and complication of the causes, the various and vulnerableness of participations, the blending of participants’ benefits are similar, legal and illegal, and the coexistence of negative influences and positive influences.The property of mass incidents will decide the choices of ways to prevent and solve them, as well as the fundamental cause to them. Through the summary of the causes of mass incidents, it can be found that there are three causes to it, which are politic reasons, legal reasons, and social reasons. A further analysis shows that the system causes of mass incidents are the imbalance between interest distributions and interest adjustments, which are caused by the lacking of public participation. Therefore, the public participation has also became an inevitable factor in mass incidents.The third part of this paper mainly provides a comprehensive analysis of public participation in mass incidents. Currently, scholars conduct researches on public participation are mainly from these three levels:rights prospection, basic principles of administrative law, legal system modes administrative law. And the analysis of these three levels has showed the tendency of the importance of public participation in modern administrative law. It has great values in the promotion the realization of administration goal, the balances the interests between public and private, and privates. The rising of public participation transform administrative legal system from traditional management to public participation management. Compared with the traditional administrative mode, public participation have so many advantages in administrative management, such as, equality, interaction, and legal. The theoretical basis of public participation is from the rising and practice of theory of democracy participation. From the theory, we can know that real democracy cannot be reached only by representative system and the democratization of the political process cannot provide sufficient legitimacy resources to administrative process. Public participation is needed in the processes of the realization of democratization and legalization of administrative processes and it also accord with the conceptions of law, for example, popular sovereignty, rule of law, legitimate procedure, and so on.At last, from the analysis, the author thinks that there are four important values of public participation in preventing mass incidents:improving the acceptability of administrative decision; increasing the scientific of administrative decision; enhancing the legitimacy of administrative decision, at last, restraining the power corruption to safeguard the rights and interests of citizens. Public participation is one of the best ways in preventing the causes of mass incidents and plays a very important role in it, because the lacking of it is the system problem of mass incidents and it also has four very important values which has mentioned. Therefore, the government should perfect the system of public participation by establishing comprehensive public participation procedural system, improving the basic system of public participation, and expanding the scope of accepting cases of administrative litigation to reduce the conflict of interest as much as possible in advance, and preventing the generation of mass incidents in legal ways.