论行政立法的公众参与机制

行政立法是19世纪以来西方国家为适应社会需要而发展起来的行政主体立法制度,为有效控制行政立法,美国确立了较完善的行政立法公众参与制度。目前,中国行政立法大量激增,但公众参与制度尚未真正建立起来,行政立法中公众参与的缺失产生了许多负面影响,因而有必要建立和完善我国行政立法的公众参与机制。行政立法公众参与机制应遵循行政立法主体主导、公众参与有效、可行、适当超前的原则。在具体制度建构上应赋予公众立法动议权,立法草案一般应经过通告、评议法定程序,立法案正式表决前可交付一定范围内公众先行表决以供立法主体参考,立法过程中公众参与情况应于立法案通过后予以公布。

On the Mechanism of Public Participation in Administrative Legislation

Administrative legislation refers to a legislative system that was established for social demands by administrative institutions in western countries since the 19th century. For the effective control of administrative legislation, the U.S. has set up a relatively sound system for public participation in administrative legislation. At present, public participation system in China have not been established yet, and cannot keep up with the rapid increase of administrative legislation,performing some negative impact on administrative legislation. Thus, it is necessary to establish and improve the mechanism for public participation. The mechanism can be formed, following the principle of subjectivity guiding, of effective, feasible, properly pre-participation. In concrete view of building the system, the public should be entitled with legislative initiatives, and draft legalization should proceed with notification and appraisal these legal procedures; before the formal vote, proposed law can be submitted to a certain scope of public for pre-voting, providing a reference for legislative departments; during the legislation, the state of public participation should be published after proposed bill passed.