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The Research of Public Participation in Administrative Process

Author: MaMingRu
Tutor: LiuYanTao
School: Shandong University
Course: Constitutional and Administrative Law
Keywords: Public participation Administrative process Existing problems improve
CLC: D922.1
Type: Master's thesis
Year: 2010
Downloads: 175
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Abstract

In the late twentieth century, with administrative power dilation and bringing about with rapid increase of administration affair in quantity and the kind, public participation is gradually introduced more and more into the administrative process for seeking legitimation of the rule by government. The public participation is not only able to resolve the explanation crisis in the reasonability and legitimation of administration instead of the traditional pattern, but also reconstruct an equal relationship between the main parts in administrative process. It can also enhance the rationality of the making of policy in the view of promoting the rational use of knowledge. This article tries to establish an effective framework by recommending the general theory of public participation. Combined with the public participation in development conditions and relevant experience of this system, the thesis attempts to explore how to make public participation in the administrative process ever to a higher degree.This article is divided into four parts. The first part describes the general theory of the public participation in the process. The scope and meaning is ascertained about public participation in the process of administration by comparing the concepts of public participation in different sources. From three aspects, it explores the basic of the theory of public participation in the administrative process and builds effective infrastructure in this process.The second part deals with our public participation in the process of development. Looking back to its development process and achievements in the legislation and practice, we can find that public participation, which is stepping into the great strides,has been identified in political and legal aspects and has been given to the public and daily life. But because of the unbalance of power and old-fashioned ideas, the imperfect of relevant legislation and the system of the public in the process of participation, it still revealed a wide range of issues.The third part presents ripe experiences on systems and measures from abroad in three levels about legislation, policy and decisions. Concerning the weak points, it raises the feasible proposals aiming at enhancing the future development in public participation in this process in china.The Part IV discusses how to improve public participation in the present stage in three aspects about structure focus on problems pointed out in the previous article.It needs to enrich the public right to participation on structure, amend the imbalance that utterance weighs up under authority monopoly, improve relevant regulations on the opening of information and structure rational relief system. It also need to integrate and coordinate available laws relate to public participates and accelerate to draw up other important branch law aiming at changing the arbitrariness in the participation in administrative process by the peremptory procedural rules.

The Research of Public Participation in Administrative Process

Abstract

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