On The Optimization Of Public Whole Participation In Local Legislation Under The Process Of People’s Democracy

In 2000,the Legislative Law of China formally defined the way and means of public participation in legislative activities in the form of law,and formed a corresponding system.The Legislative Law revised in 2015 substantially increased the scope of subjects enjoying local legislative power.The Legislative Law of 2022 includes "people’s democracy in the whole process" and "grass-roots legislative contact point system".The theory of whole-process people’s democracy has further expanded and deepened the theory of people’s democracy,reflecting the in-depth development of people’s democracy in China,and the "whole-process" characteristics of citizens’ participation in national governance are increasingly obvious.In this era,how to optimize public participation in local legislation to achieve the "whole-process" and "substantive democracy" of people’s participation emphasized by the connotation of whole-process people’s democracy has become an important issue.The core of public participation in local legislation is interests,which should be deeply grasped.At the same time,the degree of public participation in local legislation should be deepened through the platform of legislative consultation,so as to finally realize the substantive democracy of participation.In addition,public participation in local legislation is a typical collective action,and the whole process of people’s democracy provides ideas for overcoming its inherent problems,namely,individual negative behavior and "free riding" behavior.Under the review of the whole process of people’s democracy,combined with the legislative practice of different provinces and cities in China,this paper summarizes the four problems of public participation in the process of legislative determination,namely,the lack of corresponding system,the low effectiveness of participation,the lack of enthusiasm,and the lack of participation,and analyzes the internal causes.To solve the above problems,we should grasp the basic direction of weakening the resistance of public participation in local legislation,enhancing the thrust of public participation in local legislation,and promoting the institutionalization and legalization of public participation in local legislation,closely around the basic connotation of the whole process of people’s democracy and taking it as a guide,and put forward corresponding optimization countermeasures for the problems existing in the practice of public participation in local legislation in China.To complete the public participation system,we need to improve the legal provisions of the whole process of legislative participation,refine the corresponding public participation procedures,and improve the legislative accountability mechanism;To enhance the effectiveness of public participation in local legislation,we need to respect public opinion throughout the process,which can be considered from two aspects: improving the quality of public opinion output and promoting the absorption of public opinion by the legislature;To solve the problem of lack of enthusiasm in public participation,we should build an incentive mechanism including motivation incentive,process incentive and result incentive,and gradually form an atmosphere of active participation of the whole society in local legislation;The deepening of public participation in local legislation should be based on the full disclosure of legislative information,promote the substantive participation of the public in local legislation,and constantly expand the scope of public participation.China’s public participation in local legislation is still a long way to go towards the rule of law.We should take the "people’s democracy in the whole process" as the guidance in the general direction,take the "public legislative participation system in the whole process" as the focus of construction,and constantly improve the enthusiasm and effectiveness of public participation,and ultimately achieve the goal of the people’s nature of local legislation.