The Establishment And Security Of Citizens’ The Right Of The Administrative Legislation Initiative In China

The quality and effectiveness of the administrative legislation is largely related to whether the administrative legislation procedures is integral, scientific,confessed and democratic. One important way to insure the democratic rights of citizens is to give citizen their rights of administrative legislation initiative and to allow them to participate in the administrative legislation. Firstly, the concept of the citizens the right of administrative legislation initiative is clearly stated in the paper, which is a compound concept, give consideration of the authority of the three stages, which are before citizens participate in administrative legislation, during citizens participate in administrative legislation and after that.This includes counterpart introduced the right of legislative initiative,administrative organ making a deal and the remedial work of the authority. After a comparative analysis of the related domestic and international legal practice,further tease out the seven problems of the field of administrative legislation of our country, which are legislative vacancy of legislative initiative, incomplete public system, the lack of complete right relief system excessive dominance of administration organ; legislative capacity shortage, weak consciousness of citizen’s participation and low quality of participation. Finally, this paper proposes specific ideas about our citizens the right of administrative legislation initiative system: start with the provision of the right as a subject, to its extent and exercise style in order to rise the right to a legal level. Then, from the program, upgrading the preciseness and the operability. Also with the right relief of administrative organ and judicial office, strengthen the consciousness of participation of citizens and upgrade the quality of participation to complete the whole citizen the right of administrative legislation initiative system.