Research Of Public Participation In Administrative Legislation Of China

As Ministry of Public Security ruled “ignoring traffic lights of yellow will result in six penalty points” in the Motor vehicle driving license application and use of the rules, which is called “the strictest traffic regulations ever” executable at beginning of 2013. However, only one week later, it was stopped for the reason of “Many people give advised on this regulation.” Although it is positive to listen to the public, Ministry of Public Security should have opened for public opinion. This event reflects that administrative organization doesn’t pay fully attention to the public participation in administrative legislation and the right is not guaranteed. In fact, Constitution of the People’s Republic of China has give the the basic democratic political rights to people and the public participation in administrative legislation as one of the important contents has been a right through The legislation law of the People’s Republic of China, Administrative regulations system program regulations and other laws. However, the right is not perfect and the scope and contents of the right are vague, leading to the operational problems. The present regulations and theoretical knowledge limit the right of public participation in administrative legislation as the right of putting forward the views of some legislation, however, it’s not the whole contents.Fully comprehend the right of public participation in administrative legislation is good for play its role, ensure people’s will and improve the democracy and scientific of administrative legislation. The institution of public participation in administrative legislation needs a serious of rights to support, administrative legislation will difficult to achieve when the right is not enough. To build an institution of public participation in administrative legislation, we need to modify or detail the rules. A feasible supporting system of public participation in administrative legislation is also necessary. The system improvement needs operability and obligatory after refer to foreign advanced experience and domestic lessons. Only in this way can we insure administrative organization will push public participation in administrative legislation and the public will enthusiasm to participation,which all will ensure the work running smoothly.