Research On Local Legislation Public Participation Mechanism In China

With the development of market economy in our country, all levels of the interests of social groups gradually diversified when people need a platform and space to express their different interests at this time. This performance especially exists in the field of local legislation, so we need to strengthen the study of local legislation public participation mechanism. The main meaning of this study is to ensure that the public can effectively participate in local legislation, and to improve its participation in local legislation operability under the condition that the existing laws and regulations are relatively fuzzy. Public participation in local legislation is that citizens, groups and social organizations from other legislature participate in the process of local legislation through various channels and forms,express their wishes and demands to realize their country's democratic rights in the process of the legislation of local organs of state power. The essence is that local legislature shares the authority with the public.The theory of public participation in local legislation is based on people's sovereignty theory, participating in democratic theory, deliberative democracy theory and governance theory. For domestic mechanism of public participation in local legislation, we can glimpse into the development process of our country's public participation in local legislation mechanism from the aspect of policy and law, and comb the legal basis of public participation in local legislation from the legislation of national level and local level legislation. On the basis of normative analysis and comparative study,many problems of public participation in local legislation mechanism in our country can be summarized out and corresponding perfecting suggestion can be put forward: first of all, for the insufficient legal protection, we need to specify the basis, content and scope of the public participation in local legislation;secondly, for the express mechanism to appeal is not sound, we need to pay attention to vulnerable groups on the basis of aspirations, enhance the expression which is organized, and broaden the ways and means to participate in; thirdly, for the lack of information disclosure system, we need to realize the necessity of legislation draft, planning and projects open and convenient for the public; fourthly, for the evaluation mechanism which is not established, it is necessary to evaluate the effect of public participation in local legislation and the implementation effect of the local legislation at the same time. Last, for the enthusiasm and initiative of public participation is not high, the corresponding material and spiritual rewards should be given on the premise of timely feedback. Through all this ways, the enhancement mechanism of public participation in local legislation can be run and operability, making the role transition of the social public from the participants to the local legislation and policy makers eventually.