On Public Participation System Of Major Administrative Decision-making Process

This article is based on the view point of administrative jurisprudence, analyzing the theoretical basis of public participation in major administrative decision-making procedure from the angles of theory and practice. Taking examples by mature foreign experience, the article dissects the current situation of public participation in major administrative decision-making procedure and its reasons, pointing out the importance and necessity of public participation in major administrative decision-making procedure. Furthermore, to meet the need of Chinese socialism construction, especially a law-based, democracy and efficient governance, the dilemma and its solution of implement and perfection of public participation system in a systematical and comprehensive way are put forward.As can be seen from the condition of major administrative procedure of China, the regulations of Chinese’s administrative decision-making procedure are scattered in all kinds of normative documents, without being restricted by legislation and regulations. Major administrative decision-making procedure has received attentions from local governments at several levels and state administrative organs, also specific requirements are come up with on the improvement of the procedure and public participation. However, the performance circs of them varies-- some of the local governments set down effective procedure which accords with their social circumstance; while some others simply make mechanical imitation, their procedure works only on paper without operability in reality. The latter can be regard as a infringement of public participation right, and a breach of the construction of democratic government, with a unneglectable effect on development of the state and society.In the case of the public participation in major administrative decision-making procedure, there are some certain nonconformance on the elementary knowledge; unified provisions of its fundamental concept are absent in both Chinese academia and legislation; divergence exists on the subject and scope of public participation; there is no specific standard on the define of a subject of public participation; citizens are deficient in starting right in participation, with a single and conventional way of participating, which fails adapting to the times; with no valid supervision mechanism for performance and application after making the decisions, effectiveness of public participation can not be guaranteed. Experience of foreign administrative decision-making and public participation offers us a lot for reference. From the analysis of German legislation, it indicates that public participation needs legal provisions as a support, meanwhile, public participation is needed for the progress of society-- it’s an inevitable requirement of democratic politics. To construct a improved legal system, and to strengthen the socialist democratic politics, successful foreign experience should be assimilated, combined with the circumstance in China, enact relevant laws for Chinese major administrative decision-making procedure as its legal basis. In terms of public participation system, thorough enforcement regulations is required to offer help to citizens on effectively performing their rights to participate and to know. Reasonable stipulations for the subject of public participation should be able to guarantee and protect the legitimate rights of Chinese citizens’ participating, as well as other interested subjects involved in major administrative decisions. With regard to the situation where the subject can not directly participate, preparation and measures should be made to ensure their indirect participation and access to an open, equal and just administrative decision-making procedure. More progressive system of openly administering evidence and information disclosure system are capable of offering help for public participation. As to the supervisory mechanism for effect and responsibility of major administrative decision-making, it is the criterion for administrative organs on their administrative ability based on the practice of public participation.In conclusion, constructing Chinese major administrative decision-making procedure and public participation system, conforming to the governance conception of people oriented, meeting the requirement of improving democratic administrative decision-making authority and socialist legal system, is of great theoretical and practical significance.