Study Of Public Participation System In Major Administrative Decision-making

“No decision,and no administration”.Modern administrative state needs administrative organization to perform functions actively,Including economy,culture,social management functions etc,rather than passively protects citizens' legal rights and interests are not violated.With the expansion of administrative functions,administrative organization is making more and more administrative decisions.In other words,administrative decision-making has become the most important and basic way of the administrative power's operation.It's the center of the administrative activities.Major administrative decision-making is the one which has a great deal of influence.Its standardized and institutionalized operation is conducive to set up administrative power and administrative authority,is beneficial to a country's political stability,social harmony,and the public interest.With the development of the theory of participatory democracy,public participation as the democracy and justice foundation of major administrative decision-making,is the premise of legalization of administrative decision-making.Building a set of relatively complete system of public participation in major administrative decision-making is conducive to cultivating citizen responsibility consciousness,improving the ability of citizens rational participation.and major administrative decision-making also has positive values towards helping citizens to achieve the rights of political participation.At the same time,it's also beneficial to improve the quality of administrative decision and get administrative goals.In the new period of law-based administration,the standardization and legalization of public participation system in major administrative decision-making has become an important index to measure the rule of law government and state.There are five parts in this paper.The first part is about the overview of public participation system in major administrative decision-making,including two concepts namely the major administrative decision-making and the public participation.It's necessary to define objectively and accurately as far as possible what is major administrative decision-making,though it is a very vague legal concept.Then describing the concept and characteristics of the public participation.In the end,this paper analyzes the value function of public participation system in major administrative decision-making.The second part mainly analyses the theoretical basis of public participation system in major administrative decision-making to establish it's foundation,which mainly includes the theories of deliberative democracy,popular sovereignty,administrative control,due process and risk society.The third part is about the present condition of public participation system in major administrative decision-making.Firstly,this paper presents the legislation and implementation status of this system from the central and local levels,and gives evaluation from three aspects of space,time,content.Secondly,this paper analyzes the main problems of public participation system in major administrative decision-making,including four aspects,namely the participatory subjects,participatory ways,application mechanism and administrative accountability.The reasons are mainly legislation flaws,lack of the idea of participatory on the legal norms,and the underdeveloped civil society.The fourth part in this paper is about using the experience of other countries for reference.Here the paper mentions that America's information disclosure system and hearing system,non-governmental organizations and interest groups in the developed countries in European Union,the public participation process design of Canada,and the accountability system about executive decisions of American and British.The fifth part in this paper puts forward six suggestions on public participation system in major administrative decision-making according to the problems existing in the system,from the improvement of institutional basis,unified administrative procedure legislation,participatory subjects,participatory ways,application mechanisms and administrative decision-making accountability system.