Research On The Legal System Of Public Participation In Administrative Decision-Making

Administrative decision-making is the core of the government effective management society public affairs, generally speaking, the administrative decision-making mostly carries on the reasonable adjustment and assignment to the public interest. Therefore, the policy-making quality affects whether the decision-making can carry out effectively directly. The public participation in the system to the administrative decision-making is very important, if because wants effectively to implement and to carry out decision-making, needs to obtain public’s approval. Introducing the public participation in the process of administrative decision-making has the out of the ordinary practical significance to advance the democratization of executive decision and build the government governed by law.With social growth and advanced democratization, and the party and the national leader’s value, the public participation in the system certain result gradually in the legislation, decision-making yields aspects and so on. However, our country current research in public participation in science of political, administrative management aspects are centered, the administrative jurisprudence domain research is lacking. So that the foundation of study is weak, expounding scrappily. Therefore, in practice, our country public participation in administrative decision-making still has many questions and flaw, should increase dynamics to consummate in the correlation aspect.This article analyzes public participation in administrative decision-making from the perspective of legal theory and the practice, systematically from three aspects about the legal regime, the policy-making institution and the public themselves consummates public participation in administrative decision-making, safeguards the legitimate rights of the public, and ensures citizens to require the chance to participate in the administrative decision.Besides preface and conclusion, the full text is divided into four parts, first, analyze and define the concept of public participation in administrative decision, and point out the basic characteristic of administrative decision-making. On this basis, the author will expound the necessity of public participation in administrative decision-making, laying the foundation for as follows to its multi-analysis. Next, analyze the development of our country public participation in administrative decision-making, and elaborate specifically the development experience of our country public participation in the theory growing out of nothing to again to the present key research. Then elaborate the rules in the constitution, the legal laws and regulations, the policy-type documents to our country public participation in administrative decision-making, as well as the main form of public participation in administrative decision-making. Besides through analyzing public participation in administrative decision-making in American and Japan, the author understands that US and Japan both have the special administrative procedural law to carry on the system to stipulate public participation, and also formulate the separate regulations coordination administration procedural law to safeguard public participation. The author perfects the institution of public participation in administrative decision-making of our country by drawing lessons from the two countries. Then, the author summarizes the flaw of public participation in administration decision-making in our country from three aspects about the legal standard, the administrative organ as well as public themselves: In the legal standard aspect, the constitution lacks the concrete legal rule, the administrative law lacks the concrete system safeguard, the law lacks safeguard for the public participation right, as well as the administrative policy-maker not being clear in the law. In the administrative organ, the administrative policy-maker neglects the importance of public participation, the decision-making information is not enough open to public, the public lacks the information foundation, and the concrete procedure of public participation incompletes and public participation opinion cannot receive the prompt feedback. Public consciousness is low and ability is insufficient for participation in administrative decision-making, they are unable to participate in the administrative decision-making truly. Finally, for the questions above several aspects, our country should perfect the government information public system, strengthen specifically to know the public opinion, and make prompt feedback, further develop the public network participation in government and deliberation over governmental affairs, as well as perfect accountability mechanism for policy-maker. Public participation in administrative decision-making already needs the safeguard through law and the administrative organ, also needs to sharpen public participation ability and to raise the sense of participation.This article unifies closely present situation of public participation in our country at present, absorbing the predecessor research results, based on the successful experience abroad. From the legal science field, make public participation system in administrative decision-making apply on the concrete programming, so that it has the strong operation. The author attempts to put forwards more comprehensive suggestion to public participation in administrative decision-making. Hope this article can provide the theory support and the legal regime safeguard for our country democratization and legalization of administrative decision-making, constructing slightly the thinnest strength for our country government governed by law.