A Study Of The Institutional Function Of Public Participation In The Administrative Decision Procedure

The term "public participation" is nothing academically new, however, scholars in this area mainly emphasize its necessity and significance, or the basic theory, rarely pay attention to the fact that there is always a lack of public participation in practice, or how to bring public participation into function, or come up with any remedy measures whenever "public participation" mechanism fails to function. Under the above conditions, I hereby try to make breakthrough as regards to the said questions in this paper. The lack of public participation is not attributed to the reasons aspeople think, like the academic appeals are not enough, or few stipulations under laws or regulations, or mismatches with the times. The real reasons for that are mainly as follows:high procedure cost, technically difficult treatment, immature civil society. Unsatisfied needs of public influence, asymmetric information and etc.. To make the public participation mechanism function effectively, I believe we should first clarify the misunderstandings of public participation, including those related to the scope, extent and ways of public participation, and the adoption of the supporting mechanism. And when the public participation mechanism fails to function well, we should set up some liability mechanisms, including mechanisms related to the extent, process, efficiency of the public participation, etc..In brief, as regards to the theory of public participation and administrative decision, we should hold an open position, guarantee the diversification of the decision-making procedure and public participation forms.