On The Electronic Rulemaking In America

With the rapidly developing of information technology in1980s, the electronic rulemaking was launched in United States. So far, the e-rulemaking has been improved effectively with the common efforts of American Conference of United States, Congress, Federal Government, agencies and scholars. The core of E-rulemaking is to make the information technologies fully utilized in the APA’s informal rulemaking process, which aims to increase transparency, enhance public participation, ensure the equal right to speak of multiple interests. Compared with informal rulemaking, e-rulemaking emphasizes the public of the whole process from the statute enacted by congress that authorize the rule and the earliest rulemaking plan to the final rule, a decision in a court challenge, or later agency amendments, interpretations, enforcement actions. Indeed, the e-rulemaking reforms make it easier for the individuals to access to rulemaking information and for persons to become understanding and provide comments on proposed rules through the creation of Regulations.gov and the Federal Docket Management System.Web technologies have been used in the development of regulations in China. The Chinese government has established an online system that allows the public to view and file comment on any pending regulations and the Local governments gradually build similar online system also. However, the content of notices always confined to the proposed regulations. E-rulemaking is not simply created an electronic version of the paper process, but is a practical revolution to the regulation procedure. Accordingly, it is necessary to definite the purpose of e-rulemaking by specific legislation firstly. On the basis of the law, the agencies should improve the procedure for developing regulations, take advantage of the online system effectively to increase the regulation information dissemination, enhance public participation by electronic means and give a response to the comments publicly.