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行政立法虽然是当今世界社会发展的普遍现象,但是由于行政立法机关不是由民选代表组成,缺乏民意基础,因此需要民主参与行政立法以促进行政立法的民主化。目前,中国行政立法大量激增,但民主参与制度尚未真正建立起来,行政立法中民主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民主参与机制。适当扩大提出议案的主体范围、构建行政立法的动议机制、细化行政立法的听证程序、落实行政立法公开制度是建构行政立法民主参与机制的主要举措。
Although administrative legislation is a common phenomenon in social development in the world today, it is necessary for the democratic participation in administrative legislation to promote the democratization of administrative legislation because the administrative and legislative organs are not composed of elected representatives and lack the foundation of popular opinion. However, the democratic participation system has not been established yet. The lack of democratic participation in administrative legislation has had many negative effects. Therefore, it is necessary to establish and perfect the democratic participation mechanism of our country’s administrative legislation. Properly expanding the scope of the main body of the proposed motion, building the motion mechanism of administrative legislation, refining the hearing procedure of administrative legislation, and implementing the open system of administrative legislation are the main measures to construct the democratic participation mechanism of administrative legislation.