Research On Legal System Of Public Participation In Significant Administrative Decision-making

With the deepening of democracy and civic awakening of consciousness, the necessity and value of public participation in administrative decision-making caused the theory and practice pay attention.In modern society, the number of administrative decision-making is particularly wide, cost and efficiency requirements that citizens can not participate in every administrative decision, which weights and measures therefore need to identify issues of public participation. Those related to the vital interests of the public, widespread social impact, the cost of the larger decision of major administrative decisions must be to engage the public, because once these decisions out of the public stakeholder participation, the legitimacy and democracy will be unable to exist.For legal issues of public participation in major administrative decisions,our country have slow progress in legislation and practice, and the lack of uniform legal provisions for public participation in major administrative decisions lead to various conflicts occur in practice frequently. This paper argues that we must first determine the "significant" standard in major administrative decision-making, which is the key difference with the general administrative decision-making.Secondly, with example of two areas that related in public interests in major administrative decision-making, foreign legal system of participation in the public areas are introduced, in order to find the reference point for our country. And analyze our legislation and practice in this area to sort out the problems to find practical solutions. With inadequate levels of democratization in our situation,we still need to improve the level and consciousness of public participation,not only need to make the executive aware of the necessity of public participation in the major administrative decision-making,but also need to through publicity and education to enhance the ability of public participation.Meanwhile there is still not have an unified law about major administrative decisions for public participation, the author thinks that if introduction of the law in the future, it should be clear specific procedures about public participation in major administrative decisions that:public participation body, the time of public participation, the way of public participation, the feedback mechanism of public participation. Directory management system to enhance the certainty and feasibility of public participation in administrative decision-making, and mobilizing the initiative of public participation.Equally important is to clear legal remedies in major administrative, clear pathways and relief personnel responsible for making mistakes accountability, with the right to be relieved can make the legal system of public participation in major administrative decisions to be a better direction.Cogitation and stipulate combine with system can improve the legal system of public participation in major administrative decisions, maximize the value of public participation, improve the acceptability of major administrative decision-making, and ultimately accelerate the development of China’s legal process.