Research On The Post?legislation Evaluation System

As the establishment of the socialist legal system framework with Chinese characteristics,so far,content of Chinese legal standards has been relatively comprehensive;in the course of legal system development of China,the large-scale legislation stage has been basically completed.In the next stage,the priority for China is to refine the legal system.After filling blanks of the legal system,China needs to evaluate and adjust the existing legal standard system now in order to enhance overall quality of the system.The evaluation system for the current legal system is post-legislation evaluation system mentioned in this thesis.The post-legislation evaluation system is established based on the legislative process,efficacy of law,bounded rationality and other theories,its effects include finding legal standard loopholes,strengthening public participation in legislation and enhancing consciousness of responsibility of the government,is an indispensable link in the whole legislation process,which mainly includes the launching?subject?object?content?responsiveness of evaluation result,etc.Many countries such as the US,Japan and Britain have established sound post-legislation evaluation systems as early as the end of the 20^th century,they have successively released relevant legislative documents to standardize post-legislation evaluation,respect the authority of the post-legislation evaluation,and pay attention to public participation and make the professional entity to join in the post-legislation evaluation process.China's post-legislation evaluation system started at the end of the 20^th century,it started from the local people's congress's practice,has experienced a process from practice to legislation and then back to practice,which has made some achievements for both legislation and practice,there're still problems such as coarseness in post-legislation evaluation launching,content and standard stipulation,and lack of stipulation in post-legislation result feedback in legislation process;incompleteness of post-legislation evaluation start mechanism,lack of public participation,and opacity in post-legislation evaluation result feedback in practice.China needs to establish a sound,normalized and systematic post-legislation evaluation system.Aiming at the above questions,I suggest that:seeking unity of all aspects of post-legislation evaluation by law,at the same time,legislative body playing a good leading role in post-legislation evaluation practice,increasing social participation,and adding social professional organizations as post-legislation evaluation main body,complete the post-legislation evaluation result feedback.