| The socialist system of laws with Chinese characteristics has already taken shape in 2011 and China has basically achieved that there must be laws to abide by. But in practice, there are still some defects in legislative quality. Therefore, measures for scientific legislation and improving legislative quality must be explored, of which the pre-legislation assessment is an effective one. In pre-legislation assessment system, assessment criteria is the top priority to consider. Building a scientific, reasonable and comprehensive assessment criteria system is the determining factor for pre-legislation assessment to perform its functions. Therefore, finding out the specific deficiency of assessment criteria in the existing laws and assessment practice, and getting over these shortcomings specifically are worth studying in depth.Part one is the overview of the concept of pre-legislation assessment criteria, discrimination of relative concepts and the research significance of it. Pre-legislation assessment is a system where the assessment subject evaluates regulations planned to make or to revise based on some assessment criteria and assessment methodology. In the system, pre-legislation assessment criteria refer to those that assessment subject use to assess and evaluate the legal documents. In theoretical study and assessment practice, pre-legislation assessment criteria are often confused with other concepts, like evaluation indicators, evaluation principle and research content. So it is essential to clarify that these concepts are not consistent with the contents and characteristics of pre-legislation assessment criteria. At the last of this part, this paper introduces research significance from both theoretical and practical aspects.Part two is the introduction of the current situation of Chinese pre-legislation assessment criteria and the specific deficiencies of it. The practical exploration of pre-legislation assessment in our country began in 2004 and now both the central and the local legislature have introduced pre-legislation assessment system more or less. First introducing pre-legislation assessment to the amendment of China’ Legislative Law in 2015 has laid the foundation for the future long-term development. But the status quo of pre-legislation assessment criteria in our country is not satisfactory, which is less targeted, less operational, less systemic and less normative from three aspects in legal provision, central and local pre-legislation assessment practice. These deficiencies hinder the protection and improvement function of pre-legislation assessment for legislative quality.Part three is research of the mature practices abroad concerning pre-legislation assessment criteria and inspirations that bears reference meaning to our country. Pre-legislation assessment system has lasted for many years abroad, especially in the United States, U.K and OECD, which have accumulated substantial and mature experience. Therefore, in order to draw their lessons, on the one hand, this part introduces in detail the development course of pre-legislation assessment criteria in the above countries and organizations. On the other hand, it interprets in depth the institutional precondition behind the development of assessment criteria. At last, the part summarizes mature overseas experience which can improve China’s pre-legislation assessment criteria.At last, the author makes specific suggestions on pre-legislation assessment criteria system that conforms to our state’s actual needs and integrates mature experience overseas after establishing the guiding principles of perfecting China’s pre-legislation assessment criteria. The specific advice includes basic quality criteria in legislation, and influential pre-legislation criteria from aspects of economy, society and environment. In order to underline the weight of different assessment criteria and ensure the accuracy of assessment result, the author contends that different weights should be set according to different contents and nature of the assessment criteria. |
