Research On The Legal System Of Public Participation In Major Administrative Decision-making

Under the background of rule of law in China,the construction of the government under the rule of law is also constantly promoted.At the same time,with the transformation of government functions,the awareness of citizens has also been improved.The government has changed from a manager to a server.Open administrative decision-making makes it necessary and possible for the public to participate in democratic politics.The theory of popular sovereignty,the theory of consultative democracy and the theory of public administration lay the theoretical foundation for the public to participate in the administrative process as the decision-making subject.In recent years,major administrative decision-making has aroused social concern because of its wide range of involved groups,complex interest relations and far-reaching influence of decision-making.As the first national level legislation on major administrative decision-making procedures,Interim Regulations on major administrative decision-making procedures provide institutional support for the legalization of major administrative decisions.In this context,the research on the legal issues of the public participation system in major administrative decisions echoes the legislative concerns and responds to the actual needs.Due to the fuzzy concept of major administrative decision-making,how to define it is controversial in theory.The theoretical focus of the word "major" can be analyzed from both qualitative and quantitative aspects.Public participation in this administrative process through the expression and exchange of views for interest consultation is essentially a supplement to representative democracy and a re Deconstruction of the discourse right of public interest.Based on the problems of insufficient public participation,low participation effect and low enthusiasm in practice,it is found that the public participation system of major administrative decision-making faces the legal dilemma of substantive absence of the main body,solid participation channels,formalization of feedback mechanism and limited relief channels.Based on China’s specific national conditions and referring to the relevant foreign legislation,we propose to improve the public participation system of major administrative decision-making from four aspects: scientifically setting the scope of decision-making participants,expanding the participation mode of participants,improving the feedback mechanism of decision-making participation,and improving the accountability mechanism of decision-making participation,so as to enhance citizens’ awareness of the rule of law and the ability of public participation,and promote the legalization process of the public participation system of major administrative decision-making.