Research On Public Participation In Administrative Legislation

According to the government work report in 2018,Premier Li Keqiang proposed that the people's government should be responsible for the people,should take the responsibility of the people's congress and its standing committee,should cooperate with the democratic supervision of the Chinese People's Political Consultative Conferenceconscientiously,and should accept the supervision and opinions from the society actively.Democracy is the cornerstone oflaw,and law is the guarantee of democracy.And legislation is the basic way for democracy andlaw to be interdependent.In Chinese current legislative system,the administrative legislation isundoubtedly the most diverse,comprehensive,extensive and applicable type of legislation.The quality and level of the administrative legislation reflect the level of the construction of socialist rule of lawin China in some degree,and determine the legal effect of Chinese administrative legislative power.At present,the quality of China's administrative legislation is uneven,which has brought some unavoidable problems to the fields of law enforcement and justice.To improve the quality of the administrative legislation and strengthen the supervision of administrative legislative power,we must make full use of the democratic participation actively.On the one hand,democratic participation helps to improve the quality of administrative legislation through adequate legislative consultations,and take into account the interest demands of the interest groups;on the other hand,it helps to exert the public's supervision over the administrative legislation,and urges the administrative legislative power to be exercised within the process of legal.Social public participation legislation has already been a social consensus in China.However,in order to turn consensus into reality,there is still a need for a more detailed and scientific system which needs the design from the aspects of the participants,the scope of participation,participation procedures,participation effectiveness,and participation limitsetc,truly exerting the people's supervisory role on the government.First of all,this paper starts with the basic theory of the public participation system of the administrative legislation,which defines the connotation and characteristics of public participation in the administrative legislation,and analyzes its theoretical basis and value considerationsdeeply.Secondly,through the research and summary of the relevant regulations and specific practices of public participation in Chinese administrative legislation,this paper summarizes that Chinese administrative legislation lacks public participation,timeliness,perfect hearing system and perfect accountability system.Thirdly,it sorts out and analyzes the public participation status of foreign administrative legislation in United States,Britain,France,Japan,etc.,and concludes: the public participation system of the administrative legislation should be legalized and institutionalized;the participation methods should be diversified the participants should be broadened;the supporting system should be enlightened.Finally,some suggestions for improving the relevant issues of public participation in Chinese administrative legislationare put forward.