Administrative Rule of Law in Public Participation in Administrative Decision-makings

Guan Baoying, Wang Liqun
2018 Journal of Siberian Federal University  
Public participation in administrative decision-makings has enjoyed a specific legal status in rule of law of developed countries, which usually adjusts the public participation scope and the participation rights via enacting unified administrative procedural laws or special legislations. The new issues faced by China in ruling the country by law and administrative rule of law confronts how its public participation in administrative rule of law will be constructed via administrative system of
more » ... trative system of law. The public participation in administrative decision-makings usually involves three core issues: the first is the scope of administrative decision-makings that the public can participate in; the second is the ways and methods of public participation in administrative decision-makings; the third is the administrative relief of public participation in administrative decision-makings, which requires us to reconstruct it by systems of administrative law accordingly. We believe that it is essential to construct systems such as a category of rights of administrative relative persons, contents of administrative procedures, administrative decision norms and administrative relief. collective discussion shall be defined as major administrative decision legal procedures, so as to make sure that the decision systems are scientific, the procedures are proper, the processes are fair and the responsibilities are clear". This is a programmatic norm and requirement for the legalization and scientifization of administrative decision-makings under the new historical conditions, in which public participation in administrative decision-makings is at a priority among priorities in the construction of the whole decision mechanism. Next a new problem faced by China in governing the country by law
doi:10.17516/1997-1370-0216 fatcat:pceqrbb7xneqhn6jep7duvptn4