Study On The Issue Of Public Participation In Legislation Of Local People’s Congress

The public participation in legislation of local people’s Congress is an inevitable development requirements for the development of China’s market economy,the emergence of diversified interests,changes in social strata and social structure,and the enhancement of the sense of civil rights consciousness and enhance the concept of the rule of law.it is an important way to achieve local scientific and democratic legislation,and it has very important significance to national democratization process.The public participation in legislation of local people’s Congress effectively ensure people to be the master of the country,to adapt to the development of socialist market economy,supervision of legislative organs according to law and ensure the local legislation to be more scientific and more validity plays an irreplaceable role.The public participation in legislation of local people’s Congress is not only in line with the ardent hope of democracy for the public,but also caters to our urgently needs about construction of democracy and government scientific decision-making.Many local legislatures also take various forms to carry out the practice of public participation,and have been achieved some achievement.But it can not be avoided is the public participation in legislation of local people’s Congress still has some problems in the actual operation.Therefore,it is urgent for us to study the issue of public participation in local legislation,and further improve the system and mechanism.The introduction of public participation in the legislation of local people’s Congress,it is of great value to the legitimacy,adaptability and authority of local legislature.It terms of the legitimacy of local legislature,the public participation is not only can restrict the public power pursuing the interests in the substantive level,but also help construction of due procedure of legislative in the form level.In the aspect of improving the local legislature adaptability,one side,public participation can avoid disconnection between regulations and life,on the other hand,it is conducive to the creation of local legislature.In addition,the public participation can not only refine the local legislature,but also enhance the credibility of local legislature,and the two aspects are indispensable elements to ensure the authority of local legislature.The public participation in legislation local of people’s Congresses is an important part of modern democracy.in practice,besides the participation of democratic theory,deliberative democracy theory and theory of people’s sovereignty theory,there also have a lot of policy and legal basis.For example,The Eighteenth National Congress of the Communist Party of China,the second Plenary Session of the 18th CPC Central Committee,the third Plenary Session of the 18th CPC Central Committee,the fourth Plenary Session of the 18th CPC Central Committee,all emphasized to adhere to the dominant position of the people,and expand the orderly public political participation;"Legislation Law of the People’s Republic of China"and relevant regulations also made provisions in principle about public participation in legislation of local people’s Congress.The public participation in legislation of local people’s Congress has so many advantages,but in the local legislative practice,we often hear some sound that the public participation in legislation of local people’s Congress is just the legislature"show",and the sound is not in the minority.Although it is too extreme,but we have to say,the current public participation in legislation of local people’s Congress still exist some problems.Due to the excessive dominance of local legislatures,the degree of public participation is inadequate;Due to public indifference to public affairs,the enthusiasm is not high;with the superposition of the two issues led to the public participation in legislation of local people’s Congress becomes a mere formality.What is the reasons of the current public participation in legislation of local people’s Congress?The asymmetry of local legislative information leads to the public cannot get comprehensive and accurate information,then tend to keep silent.The cost that the public needs to pay is unbalanced compared to the final gains,making the public more inclined to act as a "free rider" role.The imperfection of the corresponding system concerning the legislation of local people’s Congress objectively aggravates the above problems.To solve these problems,we must suit the remedy to the case.To analysis the existing academic results,in which the public participation has been developed maturely,to learn the experience and find out the problems,trying to find some measures to solve the issue of public participation in legislation of local people’s Congress.To improve the information disclosure system,the legislative preparation system,hearing system,expert assessment system,post legislative evaluation system,gradually construct Public opinion reflect mechanism,public opinion evaluation mechanism,selective incentive mechanism are the essential mechanism,At the same time,attention should be paid to improving the public awareness of the rule of law and the ability to participate in legislation,and broaden the diversity of public participation,all of these are the indispensable measures to promote public participation in legislation of local people’s Congress.Study on the issue of public participation in legislation of local people’s Congress is just unfolding,prior to this,many scholars have studied this issue.With the continuous progress of our society,the requirement degree of democratization and scientific is constantly improving,the study on the issue of public participation in legislation of local people’s Congress will also tend to be more and more thorough,refined.