Renmin Chinese Law Review
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Renmin Chinese Law Review

Selected Papers of The Jurist (法学家), Volume 5

Edited by Jichun Shi

Renmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China.
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Chapter 3: The populism tendency in public governance and its legal resolutions – on the example of conflicts by the PX programs

Selected Papers of The Jurist (法学家), Volume 5

Feng Hui

Abstract

The public events referring to the conflicts in the PX programs demonstrate that an obvious populism tendency exists in the public governance, which is harmful to deciding whether or not to enforce an industry program, to improving the ability of public participating by people and public governing by governments, and to increasing the whole social interest. The reasons include: governments’ path dependence on the closed decision-making model; the absence of professional and organized public participation; and the absence of the common sense of the rule of law against the background of the complex and structured social interest framework. We should reconstruct the common sense of the rule of law to meet the needs of the public governance practice, improve the legislatures of public decisions, strengthen the legal regulations on the making and rectifying of public plans and environmental impact assessment on public plans, especially improving public participation and information publicity of the existing laws, and introduce and strengthen the systems including risk assessment on social stability, emergency governance and dispute resolving, so as to deal with the populism tendency and behaviors appropriately, and to promote the public governance to be more scientific, democratic and meet the needs of the rule of law. Keywords: public governance; public participation; credibility; the rule of law in common sense

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