Research On Related Legal Issues Of Public Participation In Chinese Administrative Legislation Procedure

In modern times, with the changes of economy, culture and society, great change has taken place in the national functions, and with continuous expansion of administrative power, the antenna of which begins to reach all areas of society. From birth to death of all life, citizens closely relate to the services that administrative departments provide. Administrative power increasingly penetrated to the traditional legislative and judicial areas, and the number of administrative legislation greatly exceeds which the legislative body makes. It is an indisputable fact that administrative legislation rises and rapidly develops. The administrative legislation resolves the conflicts between the increasely legal needs of modern society and a serious shortage of legal made by the legislative body. It's no doubt that it's necessary and beneficial for the development of society and economy. However, it violates the separation of powers and constraints theory to combine the administration and the legislature, so that its democratic legitimacy are questioned, while the corruption and infringement which are caused by the lack of power restraint can hardly be overcame by its own. This is particularly evident in our country. There are many reasons that administrative legislation power is out-of-control. One important reason is that administrative legislation lack of openness and democracy, public participation still in the initial stage in administrative legislation, and many systems not perfect. To solve this problem, we can only start from the source, that is, give the public participation the more legal protection by system. In this paper, from the general theory of public participation adopted by the procedures of administrative legislation, in particular, public participation deconstructs the plight of the legitimacy of administrative legislation. The author also studies and draws lessons of the theories and the legislatures of public participation in administrative legislation from abroad and the related areas, and analyzes the legislative status and existing problems of public participation in the procedures of administrative legislation in our country. After that, the author proposes countermeasures to perfection of public participation in the administrative legislation procedure, from the aspects of the openness, motions and hearings in administrative legislation, experts in legislation and legal protection.