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Public Participation In Administrative Legislation Research

Posted on:2012-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:Q LianFull Text:PDF
GTID:2166330332495303Subject:Constitution and Administrative Law
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In recent years, with the development of administrative democratization, every country in the world made beneficial exploration in public participation system, administrative democratization is becoming the trend of internationalization. From the direct democracy of Athens in ancient Greece, to today's representative democracy and the rise of participatory deemocracy. All of this are confirmed the strive of the public for their equity. In the 16th century as the people's sovereignty theory raised public participation in administrative legislation also will rise again.The western thinkers made in-depth research and exploration in the people's sovereignty theory,and promoted the development of public participation in administrative legislation. Western countries made improvement in public participtation in administrative legislation in practice. and representative organ combined.Concensus of facitilating democratic legislation has gradually been reached with the fundamental principal of the rule of law being put forward, incessant improvement of rule of law in recent years, which results into ideals of democracy and science been accepted by people in a gradual way. Urgent Supervision is badly needed to current administrative legislation due to the status quo of political system in China which administrative organs empowered with wide extensive power of administrative legislation resulting into great impact to economic society and rights and interests of citizens. Therefore, it is indispensable to further promote and enrich administrative legislation institution with public participation as well as that uplifting the legitimacy and rationality of administrative legislation. In recent years, such practices of which are rising nationally but with very limited participation and numbers of insufficiencies legislations. For the first time the legislation law established the public participation in the principle of administrative Theoretical research about administrative legislation with public participation should been deepened and upgraded. Starting from the rudimental theories and relevant conceptualizations of administrative legislation with public participation, this dissertation carries out deepened study over administrative legislation with public participation, analysizes the theoretical basis and necessity of administrative legislation, defines and identifies the conceptualization of public participation via utilizing such methods like normative analysis and comparative analysis in the process of writing. The public participation in a passive. This caused the effectiveness of public participation in our country insufficient, etc. Therefore, it is necessary to further promote and perfect the administrative legislation system of public participation and enhancing China public participation in the legitimacy and rationality of administrative legislation. Re-examine our public participation in administrative legislation system, in large practice problem analysis, find out the cause, ponder earnestly summarizes, in introducing the experience of foreign countries in China based on the reform and improve the system, paying more attention to the system validity, the operability, so as to realize the administrative democracy, make administrative legislation really reflect the people's will.This article puts forward some insufficiencies and series of problems after analyzing the status quo of administrative legislation with public participation in China. Apart from these above-mentioned, it also brings forward some related measures to further strengthen the awareness of public participation, construct public participation platform and enrich such institutions like legislative motions, hearing system, openness of administrative legislative, relief system of public participation after analysizing the causes of those problems as well as extensively absorbing the successful and beneficial experiences .With the expectation of reaching the way of incremental democracy and good governance as well as effective implementation of administrative legislation institution with public participation. Set up the broad participation in institutional platform and perfect legislation motion system, the hearing system, administrative legislation public system, public participation in the relief system in China, in order to realize the public participation in administrative legislation system of the effective implementation of the vision, good governance road of democracy.
Keywords/Search Tags:administrative legislation, the public, participation, institutional enrichment
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