Public Participation In Administrative Law

At the end of the twentieth century,with the expansion of administrative power,the scope of administrativepower have expanded dramatically.Based on the consideration of governance legitimacy and rationality,public participation is gradually integrated into administrative procedures.Therefore,the legal system of public participationhas its theoretical value and practical significance in administrative law.Public participation is the key to controlling the abuse of discretion,increase design transparency and achieve multiple interests.The establishment of a perfect legal system of public participationis not only an important measure to supervise the executive powerbut also an effective way to protect legitimacy and rationalityin administrative decision-making.Since the 16th CPC National Congress,China has attached great importance to the role of the legal system of public participation in the reform of the administrative system and the practice of law,especially public participation is determined as one of the five legal procedures.Political identity has led to the vigorous dynamic development of the administrative law.Many of laws,regulationsenacted by our country are embedded the legal system of public participation in procedure.However,due to the time of the legal system of public participation inChinais still short,coupled with the traditional "control-command" type of administrative management,there is a lack of unified legislation,incomplete procedures and simple formscurrently.But as an early countryof establishing the public participation in legal system,the United States has its unique experience in the legal system of public participationthat we can learn from.In particular,the Federal Administrative Procedure Act in 1946 provided basic legal framework and procedural safeguards for the establishment of the legal system of public participation in America.Subsequently,Freedom of Information Act,Government in the Sunshine Act and other laws is formulated to construct the legal system of public participation at the level of federal government.This paper uses the method of comparative analysis and case analysis to elaborate the current situation of the legal system of public participation in China,meanwhile,analyze the legal norms,procedural design and modes of the legal system of public participation in America,and then elaborates the implications of the US on the perfection of our legal system.Besides the introduction and conclusion,there are four chapters in this paper:Chapter one is to introduce the general theory of the legal system of public participation,including clarifying the concept of public participation,analyzing its legal basis and value function,so as to lay the theoretical basis for the following chapters.Chapter two is an systematicanalysis of the legal system of public participationin the US.In this chapter,we first introduce the legislative norms of the legal system of public participationin the US,followed by the procedural analysis of public participation in the stage of administrative legislation and administrative decision as well as judicialreview.Then we introduce themechanism and specific forms that support the legal system of public participation in America.Chapter three analyzes the current situation of the legal system of public participation in China,including the development of the legal system of public participation in China and the deficiencies in Chinese administrative law.Chapter four summarizes the implications of the legal system of public participation in the US to China.Firstly,we will carry on an analysis of the legal system of public participation in the US and then put forward the methods to improve the legal system of public participation in China.The purpose of this paper is to study and analyze the legal system of public participationin the US and make suggestions for the improvement of the legal system of public participation in China.Through perfecting laws,regulations and procedures of public participation andto improve the effectiveness of the legal system of public participation in the administrative process.