On The Legal System Of Public Participation In The Decision-making Of The Large Public Investment Projects

Public participation in determination of large-scale public investment projects is of concern in the society. Most of China's current large public investment program still dependend on government's own decision-making, from the reality of the situation, we can conclude that we are lack of public participation like the Hearing system, government information Openness system, decision-making revealing system , government accountability mechanism. How to let the public participation in determination of large-scale public investment projects, and let the participation be on the theoretical basis and be in the legal system guarantee, the paper tried to provide the method. This paper combines the concept, mechanism which have adopted the value analysis and empirical analysis method.The difficulty of this article is the theoretical basis of the public participation in large public investment project in the perspective of economic law. Each branch of the democratic administration theory o and decision-making failure theory provides theoretical basis for the public participation in determined from the different aspects of large public investment projects. Public governance theory makes the subject system is definite for public participation in large public investment. Principal-agent theory, it offers the public participation in the right basis and system essence. And the new public management theory, however, provides the theory basis for the government and the public relations positioning from the Angle of service-type government for in public participation of large-scale public investment projects. Public choice theory, provides the path selection for the public participation system to from the Angle of the economics for large public investment projects. Finally, the government failure theory requires public participation to correct thedecision-making failure itself.Western countries have established government investment management system under these theoretical guidance already.In order to guarantee the realization of public participation , the United States and Germany, have established the large public investment project Hearings and government information publicity Lagal system.But our country is still lack of the Hearing system,and information disclosure system .for our country the corresponding system. The design of the guarantee Legal system in other countries provides the public power a reference to return. The construction of public participation in system large-scale public investment project should be brought with concepts into and mechanism should be established as the breakthrough point. First, from the concept of the law, large-scale public investment projects shall let the democratic legal ideas to rectify the government failure.That is to say, in economic level, is to realize economic democracy and deliberative democracy. Economic democracy in mechanism structure,firstly should fully ensure the freedom and rights of public participation in large public investment project; Secondly, to ensure adequate stakeholder to participate in decision-making process; Thirdly, according to the principle of voting by most people, to determine the decision results. And deliberative democracy should be implemented .Firstly, to treat the public interest as a large public investment project's foundation of the system of the public participation.Secondly, to have open, transparent consultation program as a safeguard.Thirdly, regulation of the public and other participation main should be equal treated. The fourth is to safeguard the public right to get the information they need. The fifth is to guarantee the public's right to speak. The second part,on the establishing of the mechanism, the Hearing system, government information Opennes system, and decision-making mechanism should be established together to constitute a relatively complete, protecting system for the public participation in large public investment projects. Logically, the government decision-making system will need a hearing and disclose the government information.If to held a hearings is unnecessary, to hold the negotiate type polls to collect more public opinion. By hearing or negotiated type polls,financial budget and environmental reports are made out by the government, ultimately.According to the Opennes system to disclose the plan, the public can know if the plan is not the same with former, and to ask the government to construct according to the former determined scheme.