The Research Of The Legislation Cost-Benefit Index Quantifying Analysis System

The legislation cost-benefit index analysis system has its place in legislation cost-effectiveness analysis. Meanwhile it is an analysis and evaluation tool by using rational specific indicators and calculating effect of legislation cost-benefit evaluation, which provides with solid objective data for amending the law. Comprehensively promoting the construction of socialist rule of law, comprehensively building a socialist country ruled by law and China ruled by law, using law to rule country and society introduced in Eighteen Fourth Plenary Session of the CPC Central Committee. Having laws is the priority of ruling country by law and the laws and regulations’ quality leads the build of the legal system of Chinese characteristics and build of Socialist Rule Road. Because of this, we pay more attention on implementation of laws, while the index of legislation cost-benefit analysis system contributes to improve the quality and actual society effects of legislation.The legislation cost-effectiveness index analysis system is based on two theoretical premises, the first one is the quantitative evaluation model, CBA, of legislation cost-benefit, says Net Revenue Total Revenue-Total Cost; the other one is the theory of maximized welfare, meaning that taking welfare as money and currency and make it as measure indicators. When designing the index of legislation cost-benefit, we are supposed to analyze the quantitative assessment model related factors, and to design the index system according to the effect to legislation cost-benefit. Influential factors of legislation cost mainly are legislation input, law enforcement by administration, citizens obey laws, and court of justice; influential factors of legislation effectiveness are mainly about the legislation’s positive effect on society life, which includes maintaining of social stability, promoting economy, improving environment, and improving legal system after a law enforced. In the legislation cost-benefit index analysis system, firstly, we need to confirm basic principle of law design and to take advantages of other legislation cost-benefit analysis system, in order to confirm basic content and calculation of this index system. The final propose of this system needs to combine with practice, so the designed specific factors are supposed to be easily obtained and easily calculated, and it is able to get valid data of legislation effectiveness, which provides objective evidence for amending laws. Therefore, taking Pet Dog Regulation in Jinan as the study subject, we are supposed to assess this regulation’s legislation cost-benefit, to feedback the problems in this system, and to keep improving scientificness, effectiveness and practicalness of this system.The united states of America is the first state to do the cost-benefit to all administrative regulatory actions; European Union uses Regulatory Impact Analysis to optimize supervision measure, which provides detailed indicators and calculates the impact to society, economy and environment. In the end of 2000, OECD’s 28 member states fully used RIA, Regulatory Impact Analysis, and other 6 states partially used this method. Hainan as the first province using this method in our country, however, there is no specific assessment report, so practicalness still needs to be proved.The research of this index system summarizes development principle and historical process from the creation to maturity by using induction and deduction, comparative analysis, comprehensive system and empirical investigation, etc. In terms of the situation of our country, there are tons of laws and regulations with different quality, so it needs to confirm an index system with high workability and scientificness. By comparing numerous index systems, it needs to explore the basis, to compare the index using method and quantization calculation method of different laws and regulations and to provide an index system complying with China’s national conditions. Besides, it needs to combine the index system and the laws to demonstrate the feasibility of its practice.China’s State Council’s Comprehensively Promote the Administration according to Law to Implement the Outline (2004) says ’Exploration for government legislation projects, especially economic legislation project cost-effectiveness analysis of the system. Government legislation to consider not only the cost of the legislative process, but also to study law enforcement and social costs after its implementation.’Besides, "Legislation Law (Amendment)" requested "to increase legal cases should listen to opinions from all sides, for some legal case can organize assessments for aspects of feasibility, timing of introduction, social effects." In short, whether it is legal requirements or the current reality of the rule of law, according to China’s actual situation of scientific and rational design of cost-effective legislative system of assessment quantitative indicators, is imperative. This is conducive not only to reflect the implementation of laws and regulations, more conducive to improving the quality of legislation, legislation saving resources, and continuously improve the economic, social and environmental benefits of the legislation.