On The Mechanism Of Public Participation In The Process Of Administrative Legislation

18 in the fourth plenary session of the explicitly put forward the construction of socialism with Chinese characteristics system under the rule of law,legislation must take the first step and play a role in promoting the legislation lead and,improve the quality of legislation that key.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,expand orderly citizen participation in the legislative way.Administrative legislation has irreplaceable function in the legislation system,administrative legislation need to widen the way of public participation.The development of modern society,the administrative relationship between complex and demand makes the administrative organ has the legislative power of the law,and the number of administrative legislation is far more than the legislature legislation.But the administrative legislative power to break the balance of power in the situation,the original administrative legislation of democratic legitimacy has been questioned,public participation in administrative legislation has injected vigor,the democracy of administrative legislation and legitimacy to get interpretation,the value of public participation in administrative legislation plays to the maximum.Our country is a administrative organs are numerous and diverse countries,administrative affairs,administrative legislation has become a large number of the current situation of administrative legislation in our country.But the existing public participation in the law and the system is not perfect,the public participation in administrative legislation space is very big,in adhering to the principle of democracy,the rule of law on the basis of choice for the types of public participation in our country.This article from the basic theory of public participation in administrative legislation procedure analysis,contrast between public participation in administrative legislation system in China and outside the gap.improving the public participation mechanism in the administrative legislation of our country.This paper is divided into four parts:The first part introduces the basic theory of public participation in the administrative legislation.Including the concept of administrative legislation and sources,and the rise of the concept of public participation.From the people's sovereignty principle,the principle of due process and the theory of administrative law balance from three aspects this paper expounds the theoretical basis of public participation,public participation can make up for the legitimacy of the administrative organ for legislation.The second part introduces our country and outside the system and practice of public participation in administrative legislation.The United States,Britain,Japan and Taiwan of our country public participation in administrative legislation has formed the institutionalized system.In the constitution,the legislative law in our country,both the level of regulations,local regulations for public participation in the limited rules,there is legislation,public participation is not enough,is not high,the hearing system interoperability is not strong,participation main body imbalance and lack of security and other issues.The third part introduced our country type selection and the basic principles of public participation in administrative legislation.Legislation includes three basic types:administrative bureaucracy,experts,participatory legislation and interested parties to participate in legislation,combined with China's national conditions to choose the type of suitable,the types of comprehensive participation is dominated by the administrative legislative power.Principle of democracy,rule of law.legislation principles of openness,fairness,impartiality and efficiency is the basic principles of pulic participation,also is the powerful guarantee of public participation.The fourth part expounds the corresponding system of public participation in administrative legislation in our country,both for the perfection of public participation on measures,including perfecting public participation system.For the perfection of public participation measures including strengthening legislation,different layers of the legislation,expand public participation approach,etc.;Including legislation on the system of public participation in administrative legislation before the public system,the administrative legislative hearing system in legislation and legislation of public participation in administrative legislation after security system.