Transportation system is such an important infrastructure which is intimately related to the lives of citizens. Therefore, in democracy countries, there is public participation mechanism in the process of submission for transportation construction plans before the decision making in order to not only limits the power of authorities but also provides a channel for citizens to directly participate. By surveying the existing mechanism of public participation in our transportation laws, this study attempts to find out the problems in public participation and provide suggestions for establishing the due process of construction plan submission. The result shows that, except for The Mass Rapid Transit Act, there is no rules for public participation in our transportation laws. However, the public hearing in The Mass Rapid Transit Act is also a low level of public participation. Based on this result, for eliminating the resistance of public, the huge social cost consumption from public opposition, this study suggests that the government has to amend the laws of transportation and put the hearing into practice in the process of submission for transportation construction plans as soon as possible.