我国重大行政决策公众参与的困境与实现路径

The Dilemma and Implementation Path of Public Participation in Major Administrative Decisions in China

重大行政决策是涉及重大公共利益以及社会公众切身利益的决策行为,公众对重大行政决策的参与权在宪法、行政法规以及地方性立法中得到明确,其参与主体包括以行政机关为代表的行政主体,也包括社会公众,这是由规范和现实双重需要决定的。但由于社会公众不直接行使行政职权,其不属于重大行政决策的责任主体。重大行政决策和公众参与必须基于公共利益、诚实信用以及科学实效的原则,以发展公共利益为目的,维护政府与公众之间的信赖利益,提高决策的科学性和实效性。当前,我国重大行政决策面临对接机构缺位、操作实践不足、参与方式、事项范围不明确以及责任和监督评价机制不健全的问题,应当在立法和实践层面同时发力,确定公众参与的对接机构并加强实践操作,还要明确参与方式和事项范围,改进责任和监督评价机制,确保责任传导和落实,从而提高公众参与重大行政决策的质效,推动国家治理体系和治理能力现代化。

Major administrative decision-making is a decision-making behavior that involves significant public interests and the vital interests of the public. The public’s right to participate in major administrative decision-making is clearly defined in the Constitution, administrative regulations, and local legislation. Its participants include administrative entities represented by administrative agencies, as well as the public. This is determined by the dual needs of norms and reality. However, due to the fact that the public does not directly exercise administrative powers, they do not belong to the responsible subject of major administrative decisions. Major administrative decisions and public participation must be based on the principles of public interest, honesty and credibility, and scientific effectiveness, with the goal of developing public interests, maintaining the trust and interests between the government and the public, and improving the scientific and effective nature of decision-making. At present, major administrative decisions in China are facing problems such as a lack of coordination agencies, insufficient operational practices, unclear participation methods and scope of matters, and inadequate responsibility and supervision evaluation mechanisms. Efforts should be made at both the legislative and practical levels to determine the coordination agencies for public participation and strengthen practical operations. It is also necessary to clarify the participation methods and scope of matters, improve the responsibility and supervision evaluation mechanisms, and ensure the transmission and implementation of responsibilities, In order to improve the quality and efficiency of public participation in major administrative decisions, and promote the modernization of the national governance system and governance capabilities.