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行政立法须以程序而为之,恪守程序乃行政立法之圭臬;但行政立法之程序须具正当性,行政立法的公众参与系行政立法正当程序的内在要求,也是民主立法的体现与保障。行政立法的公众参与是民主宪政理念在立法领域的体现,但我国行政立法的公众参与方面还有很多不尽如人意之处;这样,通过借鉴国外行政立法的有益经验来完善我国行政立法公众参与方面的不足成为当务之急。
The administrative legislation must be based on procedures and abide by the procedures as the basis of administrative legislation. However, the procedure of administrative legislation must be justified. The public participation in administrative legislation is the inherent requirement of the due process of administrative legislation, and also the embodiment and guarantee of democratic legislation. Public participation in administrative legislation is the embodiment of the concept of democratic constitutional government in the field of legislation. However, there are still many unsatisfactory aspects of public participation in administrative legislation of our country. In this way, we can improve the public participation in administrative legislation in our country through learning from the useful experience of foreign administrative legislation Aspects of the deficiencies become a top priority.