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参与式行政立法“既保护公民权利和自由,又维护行政权力正常行使,既限制公民滥用其权利自由,又控制行政权违法专断行使”。①公众参与行政立法有利于保障宪法赋予公民的基本权利,防止行政权力的滥用。同时,公众参与行政立法有利于实现行政立法的公正性、合理性和科学性。事实上,我国行政立法的专家参与和利害关系人参与都存在较多问题。所以,完善我国行政立法的专家参与和利害关系人参与制度,协调两者之间的关系能够促进我国行政立法公正性、合理性和科学性的实现,这无疑具有十分重要的现实意义。
Participatory administrative legislation “not only protects civil rights and freedoms, but also maintains the normal exercise of administrative power, which not only limits the freedom of citizens to abuse their rights but also controls the illegal use of administrative power exclusively”. ① Public participation in administrative legislation is conducive to safeguarding the fundamental rights granted to citizens by the Constitution and preventing the abuse of administrative power. At the same time, public participation in administrative legislation is conducive to the fairness, rationality and scientific nature of administrative legislation. In fact, there are many problems with the participation of experts in the administrative legislation of our country and with stakeholders. Therefore, it is undoubtedly of great practical significance to improve the participation of experts in our country’s administrative legislation and the system of stakeholder participation and to coordinate the relationship between the two so as to promote the fairness, rationality and scientific realization of our country’s administrative legislation.