Research On The Public Participation Of The Index System Of Law-based Government

Since the 21 st century, with the prosperity and development of the market economy, enhancement of the awareness of civil rights, social subject pluralistic demands, the public participation which is a wide range of social activities and emerging democratic topic rises gradually in our country. The recognition of national politics and the development of the practice of administrative democracy make the public participation occupy an important position in the theory of administrative law in our country. Under the influence of the theory of administrative participation, the concept of administrative participation which came from the theory of political participation becomes one of the important core of public participation theory and has a profound influence on the theory foundation of the construction of law-based government. At the same time, as an important attempt to deepen the development of the national administration according to law assessment system, the practice of the index system of law-based government has got a quick boom across regions in recent years. With the gradual deepening of the degree of the practice of public participation in China's public administrative affairs, public participation events in the establishment and implementation of the index system of law-based government is inevitable. At this moment, how to embody the value of public participation, how to protect the rights and interests of public participation and how to regulate public participation activities in the law-based government assessment have become a difficult problem.To solve the problem of public participation of the index system of law-based government, we should make the definition of the concept and the remodeling of the content firstly. The public participation of the index system of law-based government should be a democratic practice which is built on the basis of interaction between the government and the public and affects the construction of law-based government through the participation in the process of the establishment and the implementation of the system. The public participation of the index system of law-based government which is different from the problem of public participation in other areas includes three aspects: the participation in the design of the system construction, the participation in the index of the system program and the participation in the assessment of the operation of the system. This public participation originates from the theoretical basis which is composed of the people's sovereignty theory, the traditional thought of the people and the principles of natural justice. It is characterized by the combination of participation theory and participation practice, the combination of political participation and administrative participation, the combination of direct participation and indirect participation. At present, the implementation of the index system of local law-based government and evaluation program has been launched in more than a dozen provinces and cities in the country. The relevant public participation has also been tested by practice and made considerable progress. At the same time, some problems have also been exposed in this practice, for example, the participation index evaluation standard content is simple, the degree of consultation participation of the construction of the system is insufficient, the mechanism of the public participation is not perfect. These problems which are the direct embodiment of the weak aspects of the construction of public participation channels and the lack of degree of protection of public participation,are closely related to the greater cognitive differences in public participation. In order to solve this dilemma, we should try to improve the public participation principle of the index system of law-based government, build a complete framework of the public participation of the index system of law-based government, broaden the channels of the public participation of the index system of law-based government, strengthen the protection of the public participation of the index system of law-based government, pushing the evaluation of law-based government to reflect the value of public participation, to protect the rights and interests of public participation, to finally realize the orderliness and prosperity of the public participation of the index system of law-based government.