The Research Of Local Legislation Public Participation Legal Effectiveness

Law is the tool of administering a state, and good law is the basis of good governance.The fourth plenary session of the eighteenth decided to implement comprehensive statecraft in accordance with the law, requesting: deepening scientific legislation, democratic legislation, perfecting the legislation collection and evaluation system, perfecting dominated legislature, ways and means to orderly social parties to participate in legislation,expanding orderly citizen participation in the legislative way.Public participation in local legislation is an effectiveness and important theoretical research topicensuring the scientificity, democracy and authority of local legislation, and it would have an important theoretical reference value and practical guiding significance for the local legislation work.Since "the legislative law" revised in 2015, the local legislative subjects expanding into the city with districts, local legislation entered a new phase of development, and public participation in local legislation enjoyed new opportunities for development.would have an important guiding significance for local legislation program. With the increase of legislative subjects, the chance of public participation in local legislation will be more, the conditions will be more convenient, and the contents will be their own rights and interests at stake, which have immeasurable value for cultivating the public interest in public affairs,orderly participation in political life, and building civil society. In this article, we will take this opportunity to research the legal effectiveness study of public participation in local legislation,in hope to explore actual situation of public participation mechanism in local legislation field, draw the experiences of success and failure, and finally propose tentative suggestions through the theory and exa,mple research.This article which is intended to research the legal effectiveness study of public participation in local legislation is aimed at regressing democratic value, fair value,exploring the public participation in local legislation and improving the quality of local legislation.The author first comb the related research status at home and abroad to explicit research value and research paradigm;Secondly, this article has a literature review and practice investigation in view of the basic situation of the current system design and system implementation, analyzingthe basic situation of the legal effectiveness study of public participation in local legislation. Again, on the basis of literature research and practical investigation, this article summarizes the substantial leap developing from nothing and a series of important achievements of the public participation in local legislation. Finally, on the basis of the real situation of the running of this mechanism, this article is aimed to find out the deficiencies, analyze the reason and try to put forward the measures of improving the effectiveness of the public participation in local legislation. The study value of this article lies in the democratic value and fair value. Its basis lies in the people's sovereignty theory.The author tries to construct the theory research paradigm and implement the research by using public participation ladder theory and the evaluation method of the legal effectiveness study of public participation. Through the literature study, the author found that expanding citizens' orderly political participation, especially in expanding public participation in legislation has transformed from people's expectations into national will. It provides a way for public participation in local legislation when it is stipulated in the party's guidelines and national and local legislation. Through the investigation of the public participation in local legislation in SC province,the author finds out that this mechanism has achieved a substantial leap developing from nothing which presents it is now in a critical stage of development form have to superior fromthe system supply to the way and the scope of participation.Development process must be accompanied by some problems,the author thinks that the most critical problem is the lack of the effectiveness of public participation in local legislation. There are four specific performance: the asymmetry of legislation information,the dilemma of the public will and ability of participation,the legalization of the interest of local system and the lack of feedback mechanism in public participation.Looking from the structure of this article,the author's prime is putting forward the achievements and problems on the basis of the investigation of public participation in local legislation in SC province,and analyzing the reasons of the formation of these problems,namely the scattered legislation, the hypodevelopment of civil society and the ownership restrictions of local legislative motion right. At the end of the article, the author tentatively puts forward some personal suggestions, namely regulating the way and scope of the information disclosureto expand and safeguard the public's right to know;Building a legislation assistant system in order to improve the public willingness and ability of participation;Preventingthe legalization of department interests; expliciting the adoption standard of public opinion and building the feedback mechanism of public opinion. Those suggestions are shallow, but the author still believes there are some merits, looking forward to have an academic discussion with other researchers, hoping to have a deeper understanding of this problem.