Study On The System Of After-Legislation Evaluation Abstract

Legislation evaluation system in China is still in the preliminary stage of exploration, its produce is the inevitable product of China’s legal system. With the development of the legal system, legal system in China has initially established the early stages of reform according to the situation has undergone a tremendous change, the focus of the legislation is no longer a creation of law, but the existing law to modify, supplement and repealed; and China is now the legislative model also pay attention to legislative efficiency and volume changes from the situation for the pursuit of scientific and democratic legislation to improve the quality of the law, improve the legal system. Legislative bodies, mechanisms and institutional changes, many of our laws, regulations, rules no longer adapt to the needs of economic and social development, conflict of laws is quite common in China’s economic and social development to a certain extent, affect the national legal authority and legal effect of the implementation. In order to resolve these conflicts, to further improve the quality of legislation to improve the legal system, academics and substantive departments have carried out an extensive and useful exploration, due to legislative objective, impartial and scientific assessment system makes it much attention.Consider such a purpose-based assessment system of our legislation has a more important significance, so I through literature research methods, theory with practice method, cause analysis, multi-disciplinary research and other research on this topic, the formation of this text, this paper selected a few main aspects of the topics discussed:in the first chapter Elaborate legislation basic on the theory of the assessment system focuses on the relationship with other similar concepts, and the nature of the positioning. Starting from the theory of the legislative process, limited theory, the effectiveness of law discusses the theoretical basis of the assessment system in the legislation:First, the legislative process from the point of view, after the completion of the legislation, is not the law enacted’re done, the law because inherent property so that it must be constantly modified to fit into the non-engraved not change social reality. Secondly, in terms of the limited nature of the human law is developed by legislators, but legislators are people too, so even if the legislation for long-term research and forecasting, but also to save some of the problems did not completely solve the left blank or defects, follow-up assessment can not be discarded. Again, look at the effectiveness of the law, the law is enacted, whether it is good law or draconian laws, the practical effect of the law must be tested, otherwise had plenty of provisions, not to pursue its "landing", is clearly a oversight, irresponsible, such a law is very easily become a "paper". Chapter Ⅱ from a multidisciplinary perspective,such as Law, Sociology of Law, Law and Economics, multi-disciplinary point of view of the need for legislative assessment system. For more accurate and comprehensive analysis or assessment system, the need for legislation to the community, Yuji advocacy, I select two important disciplines in this section and law intersect to analyze legislation evaluation is not just a jurisprudence, in fact, also the sociology of law is particularly an important topic of law and economics, if only from the Law and qualitative analysis of the angle, then it is not sufficient to be persuasive, and the economy of this method of quantitative, the cost of inputs and outputs, and other methods to analyze, can be very intuitive to society, can be very intuitive to social promotion law is what is the reasons needed to evaluate. Of course, the most important part to pave the way through the first and second chapter, Third chapter enter to the most important part of the paper, related to specific operations, discussed in detail in the third chapter, how to build a legislative evaluation system, a detailed assessment principles, the main assessment, assessment objects, assessment methods, evaluation criteria, such as several comprehensive discussion of aspects, which I made to assess the main arrangements of "abnormal", mainly on account of the Construction of evaluation system in the entire legislation, by whom the assessment is one of the most important issue, so I focused on this part to discussed. In the assessment of the main, the author proposed to improve the internal assessment of the main, to expand public participation and foster an independent third party assessment of the main, to further expand the recommendations of the four aspects of the assessment of "stakeholders". In addition, I believe that to solve the main problem, the heaviest on the assessment methods and standards, different methods of evaluation and assessment criteria may lead to very different results of the assessment, enumerated on the basis of several commonly used assessment methods, I also focus on the cost and benefit analysis to description. Part Ⅳ briefly describes the legislative procedures of the assessment system, from the assessment of the implementation of three to facilitate information processing mechanisms and feedback mechanism to discuss and put forward concrete proposals. The last part Ⅰ discusses the existing problems from the start-up procedures and systems design process after the legislative assessment of the actual system application, trying to solve the entire system in the practical application of the more contentious issues through such means, so that the system is more useful, and achieve the goal of our pursuit value.