Regulatory Impact Assessment System Of American And Enlightenment

Regulatory Impact Assessment System is a way adopted cost-benefit, which is a mechanism that made systematical analysis and assessment for the various effect that existing or forthcoming regulatory policy made. It’s a good consideration mechanism for formulation and operation of modern administrative law, regulations and policies. This author analyzes the basic concept, development path and operation mode of the mechanism and the inspiration to administrative regulation of China.First of all, the author not only analyzes the concept of Regulation and Regulatory Impact Assessment System but also concludes the feature of American Regulatory Impact Assessment System:The first one is a way adopted cost-benefit. Second one, public participation and effective participation have an important effect on the system. Third one, OIRA is an organ to review regulatory.Secondly, on the one hand, the article explored the development path of American Regulatory Impact Assessment System and made a conclusion:government regulation of the economy is the direct reason of America that established Regulatory Impact Assessment System. Different economic development determines the characteristics of the American regulatory approach. On the other hand, the author discusses the object of Regulatory Impact Assessment and the standard of Regulatory Impact Assessment that are legal standard and executive orders standard.Thirdly, the article carried out a detailed arrangement to how to operate Regulatory Impact Assessment. It summarizes the independent agency how to account regulation and use the method of cost-benefit analysis to evaluate in the regulatory impact analysis. The evaluation mainly includes benefit assessment, cost assessment and risk assessment, by this, regulatory factors are quantified directly and choose the best regulatory solution.Lastly, the author made two proposals on the basis of American Regulatory Impact Assessment System, combining with China’s Administrative Regulation demands. One is about administrative legislation, administrative organs need to use cost-benefit analysis to determine which areas should be regulated; The other is that in order to achieve the purpose of effective regulation, regulatory impact assessment should be legislative in our country, thus contributing to administrative organs’ scientific legislation.