Effective Public Participation In The Hearing Process Of Administrative Decision-making In China Research On The Issue

The institutionalization of hearings in China started slightly later than in Western countries,but full progress has been made since late.Administrative decision-making hearing provisions were first seen in the enactment of the Price Law in 1986.However,the law only provides for the hearing of price decisions in principle,and does not elaborate more on the hearing system.In the recent past,two administrative regulations,the "Measures for Governmental Price Hearing" enacted in 2018 and the"Provisional Regulations on Major Administrative Decision-Making Procedures"enacted in 2019,have initially and more perfectly built the institutionalization and systematization of hearing in the field of administrative decision-making in China,thus enabling the process of rule of law in governmental administrative behavior,which was emphasized in government documents from the early 2000s,to be The implementation of the process of the rule of law of government administrative behavior from the beginning of 2000 in government documents to achieve,and the steady development of the direction of standardization.In 2019,the Interim Regulations on Major Administrative Decision-Making Procedures set up a pioneering section on "public participation",making public participation a basic and mandatory procedure in the administrative decision-making process.The full implementation of the Constitution is the primary task of the construction of a socialist state under the rule of law,and the rule by law is first of all the rule by the Constitution,and the rule by law is first of all the rule by the Constitution.The introduction of the public participation procedure is based on the basic conclusion that can be deduced from the third paragraph of Article 27 of the Constitution of China,in order to ensure the public can participate in the political life of the country in an orderly manner,and is also a necessary method to promote the scientific,rational and democratic administrative decision-making of the government.However,according to the provisions of the current administrative regulations,China’s public participation in administrative decision-making hearings on the effectiveness of the issue,still facing many practical difficulties,specifically in:First,the price decision and major administrative decision for the government to achieve political goals and specific administrative acts,but the two for the hearing system on the functional positioning of the conflict,and the overall position of the hearing system deviations.Secondly,some of the system contents of the current administrative decision-making hearing in China are not perfect,especially the time of information disclosure and the selection system of public representatives,there are gaps in the content provisions.Thirdly,the public is an indispensable participant in the administrative decision-making hearings,but the public representatives attending the hearings have more limited influence on the formation of the final decision report.The three aforementioned problems together limit and affect the effectiveness of public participation in administrative decision-making hearings in terms of system positioning,system content,and specific reports.From the perspective of comparative law,all civil law countries use hearings as an important legal basis for administrative decision-making.Germany has established the principle of early public participation,and the Administrative Procedure Act provides for a plan determination procedure to guarantee public participation.In France,the public is allowed to participate in the pre-decisional process of the government through a public survey,and the public is allowed to express their opinions,which will have a significant impact on the decision.In Japan,on the other hand,set hearing as a compulsory requirement through a legal amendment in 2001,and introduced the principle of public participation through the amendment of the Administrative Procedure Law in 2005,and provided several ways in which the public can participate in administrative decision-making.The practices of all civil law countries have some merit.Legislation is the precursor of rule of law,and good law is the premise of good governance.In the current situation of imperfect laws and regulations,in order to protect the effectiveness of public participation,should be targeted initiatives.First,the price decision and major administrative decision-making hearing procedures should be unified provisions,it is located in the final and necessary formal procedures for decision-making needs,at the same time,the hearing system and other methods of public participation should be separated,the formation of "prior public participation procedures-hearing procedures" dichotomous articulation mode.Second,the public directory,open to the public to solicit comments,the time of the public hearing information should be adjusted to properly adjust the time interval,to protect the public’s right to know,and more specific provisions for the public representative selection system to strengthen communication between public representatives.Third,to further clarify the legal binding force of the hearing report based on the transcript of the hearing,recognizing its legal status of "reference in principle",and in the hearing,the views of public representatives should be submitted as a separate party to strengthen the influence of public representatives,so as to protect the effectiveness of public participation in administrative decision-making.