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On Public Participation Law Dogmatics

Posted on:2017-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:N CaiFull Text:PDF
GTID:2336330509454416Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Measures for public participation in environmental protection has been formally implemented on September 1st 2015, so that public participation in re-turn to pull into administrative attention.Public participation, as an important form of democratic constitutional and administrative law, has been penetrated into the field of public administration under the concept of the rule of law, such as administrative legislation, administrative decision-making, and public governance fields.But the system for public participation mostly scattered in various administrative law norms and only to local practice in the majority, yet lack of systematic and corresponding explanations.In this paper, dogmatic of law is as a starting point and method and the main focus on the existing legal norms, investigation and analysis of specific set of existing legal norms for public participation in administrative, in order to summed clarify the context of legal norms. And then clarify the connotation of legal norms as legal norms as the basis, binding judicial interpretations and the impact of the case on the fundamental principles of the relevant legal norms and fundamental rights basis. Also, the public will be involved in the administrative type of analysis, research and practice of public participation in the administration of participants involved in participation status effectiveness and administrative organization. Perspective will cycle between the legal norms and case practice, an overview of public participation in the administrative legal system to promote public participation in administrative legalization.The first part of the way leads to the introduction of the method of writing paper and writing purposes. The second part summarizes the Constitution, laws, administrative regulations, departmental rules and other legal norms of public participation, build public participation in the external system, that public participation in standard system configuration. Part III norms clarify the meaning of public participation in public participatory democracy, public participation summarizing internal system, public participation system that is the significance of context, analysis of the basic principles of public participation in the democratic system is the principle of sovereignty, the right to participate directly based on public participation, based on the indirect beneficiary of the right to freedom and public participation. The fourth part supplemented by specific cases of judicial practice, inductive analysis of public participation system values that balance security and basic rights of the correctness of the separation of powers.Whereby the balance of public participation, oppositional tension between "democracy" and "rule of law",and between "participation" and "prudent".The fifth part of public participation in the system, an attempt to respond to three questions of public participation practice in public participation system in practice, that the first issue, public participation in the specific participants: the general public or expert organizations or interest representation? The second question: specifically involved in space body: sharer information public or administrative decisions negotiator? The third question: the organ with the relative specific participants, is impartial or neutral interest tendencies leader? Comprehensive analysis of the full text, thinking method doctrinal problem with the existing system of public participation, along with rich sound and practical legislation with a view to constantly improve public participation in the formation of a coherent system.
Keywords/Search Tags:Public Participation, Dogmatics of Law, Administration Legalization
PDF Full Text Request
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