On The Principle Of Participation In The Administrative Procedure

There are mainly three kinds of viewpoints on the concept of the principle of participation at present. Some scholars consider it as that administrative subject must safeguard the rights of private party to participate, which just tells us"participation means participation"and thus fails to reveal the true meaning. Some scholars consider it as that private party is authorized to express opinions which can effectively influence the final decision, which exaggerates the function of those opinions.Administrative subject doesn't have to accept those opinions. And the supervision function of administrative participation is limited. I agree with some scholars on that the principle of participation refers to that private party is authorized to express opinions and request administrative subject take those into account in the administrative process, which exactly grasp the meaning of the principle of participation. The demand of the principle of participation varies in accordance with different situations.The meaning of the principle of participation coincides with due process or natural justice except"nemo judex insusa causa". People have been familiar with the principle of participation and the principle of justice yet. It is not necessary that"the principle of due process"is mentioned in our country. Following characters qualify the principle of participation as a basic principle in the administrative procedural law: the fundamental status; acting as a regulation obeyed by administrative subject; being applied universally.Hearing opinions system intently embodies the principle of participation. Following safeguards are needed to realize the principle of participation: the establishment and improvement of administrative procedural systems including administrative openness, administrative records and so on; the freedom to incorporate and developed associations; the rapid development of information technology; powerful judicial review; good qualities of the administrative personnel.The principle of participation, not the principle of due process, is supposed to prescribed and clearly explained in the general provisions of administrative procedural code as a basic principle. So are the concrete systems safeguarding and embodying the principle and administrative liabilities for violation.