Discussion On Public Participation In Administrative Legislation

The practical effect of administrative legislation depends largely on the science, openness and democracy of legislative process. In the current situation of China, because of the chaos of authorization to the administrative legislation given by the NPC at all levels and the weakness of judicial review and supervision, it’s hard to avoid abusing the administrative legislation. If the public participate in administrative legislation process, we can control the abuse of the administrative legislation and protect the citizens’democratic rights. This paper intended to compare our system of public participation in administrative legislation with the other countries’, reveal the difficulties and reasons existed in the practice of public participation in administrative legislation, and put forward the perfection measures.This article is divided into four chapters. The first chapter is "Basic theory of public participation in the administrative legislation" which clearly defined the public participation in the administrative legislation and analyzed3basic theories thoroughly:the principle of popular sovereignty,"controlling theory" in the administrative legal theory and the proper legal process theory. At the end of this part, we make a profound analysis on the value. This part set up a theoretical foundation to the following research. The second chapter is "Public participation in the current situation and the plight of the executive and legislative analysis". In this part I made a brief overview of the status of public participation in the administrative legislation and its difficulties, and then pointed out that there are many problems in our administrative legislation, such as "the public is not very willing to participate, the procedure of public participation in administrative legislation is not approved, governments’leading power in legislation is not enough" and so on. Then I analyzed the awareness of public participation in administrative legislation, current relevant systems and reasons on how those problems come about. Based on systems of the public participation in administrative legislation in the U.S.A., the Great Britain, Japan and other developed countries, the third chapter-"Overseas experience of public participation in administrative legislation", proposed the inspiration to our public participation in administrative legal system:we should reinforce the enthusiasm of public participation, expand the scope of legislation information, enhance the operability of the system and improve the convenience of system design. The fourth chapter-"Improving systems of public participation in the administrative and legislation" dealing with the disadvantages of the current public participation in the administrative legislation and absorbing or discarding overseas experience, proposed that we should reinforce the enthusiasm of public participation, perfect relevant rules of the existing public participation on procedure, and establish new systems about our public participation in administrative legislation.