论行政立法参与权的权能

行政立法参与权在我国已经成为社会公众的一项法定权利,但有关其权利内容的研究并不充分。目前在立法规定及理论认识上都将其局限为是提出立法意见、建议的权利,这削弱了它应有的作用。从公众参与行政立法的目的以及实现目的所必需的手段来思考,行政立法参与权在应然层面至少应包括四项权能内容,即"进入行政立法程序的权利"、"提出立法意见的权利"、"立法意见得到回应的权利"和"合理意见获采纳的权利"。行政立法参与权只有具备上述内容的权利功能,才能有效保障行政立法体现人民的意志。我国现行立法需要完善对行政立法参与权上述权能内容的规定。

On the Functions of the Right to Participate in Administrative Lawmaking

The right to participate in administrative lawmaking has been a legal right in contemporary China,but the research on the contents of this right is insufficient. At present, both legislative provisions and theoretical perception has limited this right into the right to put forward legislative opinions and suggestions,and this weakens the functions of this right. On the basis of considering the purpose of the right to participate in administrative lawmaking and the methods of achieving this right,it is clear that,at least,the right to participate in administrative lawmaking includes four individual rights: which are the right to participate in the procedure of administrative lawmaking,the right to put forward the legislative suggestions, the right to receive the responses,and the adopt the reasonable suggestions. Only by consisting of all these four individual rights, the right to participate in administrative lawmaking can effectively reflect the public will. The legislation in China should stipulate all individual rights and provisions mentioned earlier.