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公众参与立法在我国不是新鲜的事,人大立法中早就有了多种形式的公众参与,比较而言,行政立法中的公众参与较晚。自1979年以来,我国的行政立法实践取得了巨大的成就,但与此同时也暴露出了方方面面的缺陷,如何有效地控制行政立法存在的问题成为中国亟须解决的环节之一。一、行政立法公众参与在我国的背景解析(一)行政立法传统在西方,随着早期“守夜人”政府向行政国的过渡,国家公共权力变迁中呈现出行政权不断增长的趋
Public participation in legislation is not new in our country. There have long been various forms of public participation in NPC legislation. In comparison, public participation in administrative legislation is relatively late. Since 1979, the great achievements have been made in the practice of our country’s administrative legislation, but at the same time, it has also exposed all aspects of its flaws. How to effectively control the existing problems in administrative legislation has become one of the most urgent steps China needs to solve. I. Background Analysis of Public Participation in Administrative Legislation in Our Country (I) Tradition of Administrative Legislation In the West, with the transition of the government from the early “night watchman” to the administrative state, the transition of public power in the country shows a trend of ever-increasing administrative power