行政立法公众参与是一种典型的集体行动,其效果取于行政立法机关与公众两个方面。运用奥尔森的集体行动理论分析了行政立法公众参与存在的困境,认为只有通过“有选择的激励”来约束行政立法机关依法组织并激励公众积极参与,才能实现行政立法公众参与的基本目标。 Public participation in administrative legislation is a typical collective action, the effect of which takes both administrative and legislative branches and the public. By using Olson’s theory of collective action, this paper analyzes the predicament existing in the public participation in administrative legislation and holds that it is only through the “selective incentive” that we can constrain the administrative and legislative organs to organize and encourage the public to participate actively in order to achieve the basic public participation in administrative legislation aims.