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大数据时代,社会风险的不断增加致使公众越来越重视参与涉及自身权利的社会事务。参与权作为基本人权,在国际社会上得到认可并不断完善。在我国,参与权虽然并未直接明文规定,但作为宪法原则得到肯定。在行政法中,参与权作为正当程序原则在政府公共治理中加以贯彻。公众参与权不仅具有理论研究价值,在社会实践中更是发挥着保障公民生活环境权的功能。我国公众参与权的保障还存在一些不足,针对参与主体、制度设计提出完善参与权保障的建言是极为必要,有益于参与式民主的实现。
In the era of big data, the increasing social risk has caused the public to pay more and more attention to participating in social affairs involving their own rights. As a basic human right, the right to participation is recognized and continuously improved in the international community. In our country, although the right of participation is not explicitly stipulated directly, it is affirmed as the principle of constitution. In administrative law, the right to participate is implemented as a due process principle in government public governance. The right of public participation not only has the value of theoretical research, but also plays the function of guaranteeing the right of citizens’ living environment in social practice. There are still some deficiencies in the protection of public participation right in our country. It is extremely necessary to improve the participation right protection for the main body and system design, which is beneficial to the realization of participatory democracy.