公众参与制定行政规定之冷思考

A Cold Thinking about Public Participation in Formulating Administrative Provisions

随着行政法治化与民主化的推进,公众参与制定行政规定引人关注,有的地方政府对此制定了专门的规范性文件,但却往往将这种公众参与盲目原则化。这与行政机关乃执行机关的角色定位、民主集中制的组织和活动原则、首长负责制的行政领导体制以及现代行政的效率追求等都存在一定程度的冲突。制定行政规定不宜将公众参与盲目原则化,应当通过强化专家参与力度、发扬行政首长负责制之长、加强行政调查手段等脱离这种原则化。

As the advancement of administrative legalization and democratization, public participation in formulating administrative provisions has drawn a lot of attention,some local governments have made spe- cialized regulatory documents about it,but they usually take public participation principle blindly. To a cer- tain degree, it has been conflicted with the role definition of administrative and enforcement authorities, the principle of organization and activity of democratic centralism, the administrative leadership system of the chief executive responsibility,and pursuit of efficiency of the modern administration. The formulation of ad- ministrative provisions should not take the public participation principle blindly, there are some measures we should take to get away from it, including increasing the experts＇participation, taking advantage of the chief executive responsibility system and strengthening the means of the administrative investigation.