Research On The Third-Party Evaluation Of Important Issues In Local Legislation

The process of local legislation is also the process of distribution,consultation and compromise of local interests.In the process of local legislation,when various legislative departments have big disputes over important legislative issues,local legislation will be shelved or suspended due to deadlock,or even delayed,which is bound to affect the process of local legislation,thus affecting the smooth introduction of local laws and regulations.The third-party evaluation is introduced to the important issues with greater disputes in the process of local legislation.Through neutral,professional and non-interest related third-party evaluation organizations,scientific evaluation is conducted on the important legislative issues with greater disputes to form objective and neutral third-party evaluation reports,put forward effective suggestions and solutions,coordinate and negotiate to resolve differences of views between the disputing parties,and balance conflicts of interest between the disputing parties,so as to break the deadlock in legislation,effectively resolve local legislative disputes,promote the smooth introduction of local laws and regulations,and can effectively save the cost of local legislation,improve the quality and level of local legislation,and prevent problems in the implementation process after the introduction of local laws and regulations.Therefore,in the process of local legislation,it is of great practical significance for local legislation to introduce a third party to evaluate the important issues that are controversial in the draft law.When carrying out the third-party evaluation on the important issues of local legislation,the subject of the organization shall determine the third-party evaluation organizations based on their merits and sign the entrustment agreement with them.The third-party evaluation organization shall formulate an evaluation plan according to the entrusted agreement,clarify the specific operational steps that the evaluation work shall follow,and establish the evaluation methods and evaluation standards that shall be adopted for the third-party evaluation work.According to a pre-established evaluation plan,the third-party evaluation organization collects real and detailed first-hand information,data,and material related to the important local legislative issues through various methods.Furthermore,it shall conduct processing,screening,processing,induction,deduction and reasoning on them,and then conduct research,analysis and demonstration on them.It shall fully listen to the opinions of the public,social organizations,experts and scholars,people’s congresses’ deputies,enterprises and public institutions,and form a feasible third-party evaluation report.The main body of the organization shall conduct detailed acceptance of the evaluation work and final results of the third-party evaluation organization,and if it meets the requirements,the third-party evaluation organization shall deliver it in accordance with the agreement of entrustmentThe third-party evaluation mechanism of the important issues in local legislation started late in China.Although it is rapidly maturing and developing under the background of improving the relevant legislative evaluation mechanism,the rapid development of the third-party evaluation mechanism is often accompanied by the imperfection and unsoundness of relevant supporting systems.Through systematic research,there are mainly the following problems in the third-party evaluation of the important issues in current local legislation:Firstly,the system of laws and regulations for the third-party evaluation of the important issues in local legislation is not systematic.Secondly,the evaluation standard for the third-party evaluation of the important issues in local legislation is not scientific.Thirdly,the function orientation of the legislative subject in the third-party evaluation of the important issues is not clear.Fourthly,the organization’s identification and reserve mechanism of the third-party evaluation is not complete.Fifthly,the feedback and application mechanism of the third-party evaluation results is not complete.Sixthly,the organization’s illegal evaluation responsibility investigating mechanism of third-party evaluation is not whole.In view of the main problems in the third-party evaluation of the important local legislative issues,the legislature needs to further strengthen research,demonstration and research,incorporate the third-party evaluation of the important legislative matters into the legislative plan at an early date,and build a legal and regulatory system for the third-party evaluation of the important legislative matters.Scientific,reasonable and standardized evaluation standards are the concrete embodiment of the third-party evaluation of the local important legislative matters and the basic premise for the smooth implementation of the third-party evaluation of the local important legislative matters.Therefore,it is necessary to establish scientific,reasonable and standardized evaluation standards that should be followed in the third-party evaluation of the local important legislative matters.In essence,the legislative process of the local legislature is a process that reflects the fundamental interests and will of the people.Therefore,the legislative subject should also play a leading role and play a guiding and guaranteeing role in the process of the third-party evaluation of the important local legislative matters.It is especially important for the third-party evaluation organizations to be neutral,impartial and objective in the evaluation of the important local legislative matters.Therefore,it is necessary to strengthen the effective supervision of the third-party evaluation organizations,form a complete screening,campaign and backup management mechanism for the third-party evaluation organizations,and build a reasonable illegal evaluation responsibility investigation mechanism for the third-party evaluation organizations,so as to ensure the third-party evaluation organizations can work independently and objectively,prevent the transfer of interests between the third-party evaluation organizations and administrative organs,social organizations,enterprises and public institutions,and reduce the possibility of legislation corruption.In the current practice of the third-party evaluation,the third-party evaluation report is only used as a reference during the review of the draft law and has not played its due role.Therefore,it is necessary to improve the feedback and application mechanism of the third-party evaluation results.By transforming the evaluation results of the third-party evaluation organizations into the opinions of the legislative organs,the third-party evaluation results are given a certain rigidity,so as to avoid the third-party evaluation results becoming a formalized "reference" and wasting legislative resources.