Research On The Public Participation In The Recording Review Of Administrative Regulations

To further improve the system of administrative regulations recording review is conducive to regulate administrative legislation, maintain the unification of legal system and guarantee citizens’lawful rights and interests in China. Public participation, as the breakthrough point and the new "growth spot" of modem democracy shows positive effects and displays the unique value function in the more and more fields. Therefore, the introduction of more effective public participation to the administrative regulations recording review is an inherent part of perfecting the record review system, strengthening the supervision of organs of state power on the administrative organs and safeguarding citizens’ lawful rights and interests.On the basis of people’s sovereignty theory, participatory democracy theory, deliberative democracy theory and control theory of administrative legislation, the paper conducts in-depth analysis of the public participation of administrative regulations recording review in China by using literature study, empirical analysis, comparative analysis and interview method, on the basis of definitions of related concepts, combing of research results at home and abroad and the institutional construction and practice of public participation of administrative regulations recording review and with the Regulation on the Administration of Demolishment of Urban House as an example. Based on the above research, the paper puts forward the problems in public participation of administrative regulations recording review in China such as the lack of rigidity of review suggestions for the starting of the review process, lower transparency of the processing procedure of review suggestions, the lack of feedback mechanism and relief programs, and points out that the main reasons of current plight of administrative regulations recording review public participation, namely, quite rough law regulations, incomplete participation program and the lack of legal liability. After referring the positive aspects of the public participation of foreign administrative regulations recording review, the paper proposes forward some suggestions including clarifying the public participation principles of administrative regulations recording reviews, perfecting the public participation procedure guarantee of administrative regulations recording review, expanding the public participation ways and protecting the rights of public participation and administrative regulations recording review from the legal level. It is hoped that the paper can provide references for the relevant state organs to promote the public participation work of the regulatory documents recording review.