Research On Post-legislation Evaluation Of Local Government Regulations

With the establishment of the socialist legal system with Chinese characteristics,our country has made a historic change from being unable to abide by laws in various fields from economic construction to ecological civilization construction.Under this premise,the development trend of China’s legislative work in the 21 st century is from "quantitative legislation" to "quality legislation".In the process of carrying out legislative work,we should pay more attention to the improvement of legislative quality,rather than just filling the legal gaps.This is conducive to making legislation closer to people’s livelihood and conforming to the development of practice.It is an important measure to promote the rule of good law to carry out legislative evaluation in time after the promulgation and implementation of a certain legislation,which can ensure the effective improvement of legislative quality.In the process of the formation of China’s legal system,the role of local government regulations can not be underestimated,and its legislative quality and implementation effect are related to the level of local government legislation to a certain extent.It is necessary for us to evaluate the implementation effect of local government regulations through a scientific mechanism,and draw evaluation conclusions such as amendment or repeal,so as to better integrate the regulations into the legal system.China started the pilot work of post-legislative evaluation and explored the establishment of post-legislative evaluation mechanism relatively late.After realizing the importance of post-legislative evaluation,some provincial and municipal people’s governments actively organize post-legislative evaluation of published regulations.By analyzing the evaluation practice after local government regulations legislation,we can find that the starting procedure of evaluation is not normalized,the evaluation subject is single,the evaluation method lacks innovation,and the response of evaluation results needs attention.The main reason why the function of post-legislative assessment in the local legislative process has not been fully reflected is that the legal system of post-legislative assessment is not perfect,which needs careful study and discussion in theory.Perfecting the post-legislative evaluation system of local government regulations can be based on the experience of foreign system design,and unify legislation on post-legislative evaluation to deal with the problems existing in China’s post-legislative evaluation activities.In addition,according to the characteristics of the evaluated government regulations,we should give full consideration to the standards on which the post-legislative evaluation is mainly based,so as to set specific and reasonable evaluation standards for the evaluation agencies to choose and apply.At the same time,it is necessary to actively carry out post-legislative evaluation activities from three aspects: supervision by the National People’s Congress,public participation,and optimization of working procedures,so as to promote the perfection and perfection of the post-legislative evaluation system.