Research On Constitutional Guarantee System Of Citizens’ Participation Right In Budget

The report of the 19th National Congress clearly pointed out that the budget will be one of the adjustment points for China’s future economic development.The executive authorities need to perform government functions in the preparation and implementation of the draft budget and the evaluation of project implementation.The national legislature and the judiciary should also participate in the construction of the budget system to protect the construction of the budget system.Under the modern public finance mode,every citizen of the country is the subject of national tax payment,and citizens fulfill their tax payment obligations according to law.Therefore,citizens are both providers of government funds and owners of public resources,and should participate in government budget management activities.In addition,citizens’ right to participate in the budget,which is a basic right,needs to be guaranteed by the constitutional system in the participatory budget practice,which helps to improve the scientific efficiency and textual standardization of the participatory budget.This paper attempts to combine the theoretical basis of citizen’s participation right with China’s participatory budgeting practice,and analyze the legal nature of citizen’s participation right and the necessity of system guarantee from the perspective of constitutional law.According to China’s national conditions and the development of participatory budgeting,this paper summarizes the normative analysis and sample investigation of citizens’ right to participate in the budget.And combined with the practical experience of foreign citizens’ right to participate in the budget,find ways and means to promote the realization of our citizens’ right to participate in the budget,and finally put forward some thoughts on improving the constitutional guarantee system of our citizens’ right to participate in the budget.Citizen’s right to participate in budget needs to have legal basis and constitutional basis to become a constitutional right.The legal basis for constitutional protection of citizens’ right to participate in budget can include modern democracy,public finance and people’s sovereignty.Among them,the modern democracy theory provides a democratic model basis for the realization of citizens’ right to participate in the budget.According to public finance,government budget management activities require citizens’ participation and supervision.The theory of people’s sovereignty shows that citizens’ right to participate in the budget originates from the principle of people’s sovereignty established when the state formulates the constitution,and citizens have the right to manage the state’s social affairs.The foundation of constitutional law is a branch of the legal foundation.According to the development of constitutional law,goodness and human rights have become the new concept of constitution making.The constitution can provide a fundamental legal guarantee for citizens’ right to participate in the budget.Different from the traditional budget method,participatory budget can promote budget fairness,restrict the abuse of budget power,and realize the rational distribution of public wealth.The constitutional guarantee of citizens’ right to participate in the budget needs to explore the development of China’s participatory budget system.Wenling talkfest budget is relatively mature in China’s participatory budget,which combines direct and indirect modes of participation.Wuxi community experimental budget attaches great importance to the practical application of grass-roots autonomy in the implementation process,and has achieved good feedback effect in the community.Combined with reality,we can find that our citizens’ right to participate in the budget is not perfect in practice,and the research on the protection of constitutional system is just starting.Learning from the experience of citizens’ participatory budgeting in the world can promote the development of China’s budget system,but it cannot be applied mechanically and must consider the current situation of China.At present,China has mainly drawn lessons from Brazil’s model of universal participation and the European model of community experiments,and has carried out citizen participation budgeting in many regions of the country,gradually forming a citizen participation budget with the connotation of socialism with Chinese characteristics.The realization of citizens’ right to participate in the budget guaranteed by the constitution is mainly reflected in four aspects:first,to establish citizens’ right to participate in the budget centering on the constitution;But to realize the balanced participation of government and citizens in the process of budget management activities.The third is that the state actively fulfills its guarantee obligations,including administrative and judicial aspects.The fourth is to realize constitutional relief and provide ultimate protection for citizens’right to participate in the budget.Based on the establishment of a constitutional-centered budget legal system,the government and citizens participate in budget activities in a balanced way.The state actively performs its obligation to guarantee citizens’ right to participate in the budget.Combined with the gradual realization of constitutional relief for citizens’ budget,the practice of citizens’ right to participate in the budget and the constitutional guarantee system for citizens’ right to participate in the budget will be more perfect.