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The Study Of Law Impact Assessment Indicators System

Posted on:2017-01-20Degree:DoctorType:Dissertation
Country:ChinaCandidate:Z Q LiFull Text:PDF
GTID:1226330485479595Subject:Legal theory
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Good law is the premise of good governance. Only we analyze the vital laws impacts assessment, measurement the cost and benefit of the impact, can the law enforcement be at the best level. At this time, the political、economic and social system in the framework of the rule of law to be able to cooperate with each other. Law impact assessment as the important action to improve the level of democratic and scientific legislation, it is via an assessment indicator system which include the economic impact、social impact and environmental impact to calculate the cost and benefit of each impact. We can enforcement the law impact assessment more scientifically and operationally by means of the indicator system.The concept of law impact assessment originates from the demand of legislation, the legislator calculates the cost and benefit of the impact, attention to the implementation of laws and regulations to be affected the results of the economy、society and environment, thus providing a clear objective for the development of legislative programs、implementation and modification standards. The law impact assessment indicator system is the fundamental measurable tool that makes general summary of common factors from impacts produced by the law and regulations.The law impact assessment indicator system is throughout the entire legislative process, which includes three stages, as pre-legislation、legislation process and implementation of legislation. In the pre-legislation, indicator system has predictive function. In the legislation process, it has directly related to the legislative results, and to some extent regulate the legislative game. In the implementation of legislation, it is also the premise of modification laws in future. The construction of law impact assessment indicator system is based on the principle of legality and rationality.Currently, there are two modes of law impact assessment indicator system. One is the indicator system of of legislation cost-benefit assessment from America and Canada. This mode is directly analyzed the cost and benefit in legislation, which doesn’t divide the specific impact of legislation. The other is law impact assessment indicator system from Europe, which divides the specific legislation impact consisted of social impact、economic impact、 environmental impact. They are needed to enforcement the procedure of cost-benefit analysis.Therefore, two modes are the same in the essence. Justly, the mode of America and Canada omits the segment of diverse impact of law, which presented in the expression of the indicator. From the technical level, the effect of Europe indicator system is better than the indicator system of America and Canada. We need take seriously the different applicable circumstances. Based on the domestic and foreign legislative experience, we divided the impacts of laws and regulations into three areas:economic impact、 social impact and environmental impact. From this, the framework of our law impact assessment indicator system consists of three parts:social impact assessment sub-indicator system、economic impact sub-indicator system and environmental impact sub-indicator system. At the same time, according to specific impact factors, we can continuously subdivided the sub-indicator system into different groups of indicators, which completely measure the quality of legislation.The indicators social impact assessment of law evaluates the result of social impact.The indicators social impact assessment of law according to the status of China’s economic and social development conditions choose the representative social impact content to be analyzed. The scope of social impact of law include population、culture、politics、morality and so on. In the basis of social scope, the indicators of social impact assessment of law include these specific indicators:social employment impact、public services impact、the impact of the fundamental values of society、social security impact. The indicator of social life measures the housing and traffic effected by the law enforcement. The indicator of social employment impact measures the employment condition resulted by the law, including education and culture.The indicator of public services impact measures the public service function effected by the law. The indicator of fundamental values of society measures moral condition resulted by the law. The indicator of social security impact measures the security result effected by the law, including social relief, social insurance, etc.We should seek the quantification of indicator firstly. However, owing to the complication and specification of social impact, some indicator is difficult to quantify. Confronted with this situation, we need to carry the qualitative analysis. At the same time, we can continuously divide the economic indicator system into different groups of sub indicators,For the economic growth, institution is the crucial element. Laws and regulations have important effects in the economy development. Therefore, our economy development is decided by the available institution. The indicators economic impact assessment of law evaluates the result of economic impact. The indicators of economic impact assessment of law include these specific indicators: the macroeconomic impact、the market mechanisms impact、the impact of enterprise development、the impact of residents economy. The indicator of macroeconomic impact refers to the operation of entire national economy supervised by the regulations. The indicator of market mechanisms impact means the results of the market environment that is affected by the laws and regulations. The indicator of enterprise development impact is that the laws and regulations are brought about the technological innovation and improvement of management. The indicator of residents economy impact generally refers to the consumer benefits affected by the law, such as the commodity prices、the condition of property by the personal or family, etc. Certainly, the indicators can divide the specific sub indicators, informing completed indicator system.The construction of indicators of environmental impact assessment of law could be based on the theory of environmental impact assessment. Specifically, it contains soil resources impact、atmospheric impact、the water resources impact、the solid waste impact、the acoustic environment impact、the impact of plant and animal resources、 the mineral resources impact、the ecological impact. The law impact assessment indicator system totally consists of seven first level indicators eighteen second level indicators seventy-eight third level indicators. Theses impact indicators not only have positive and negative effect but also direct and indirect effect. Since legal impact is a complex social activity, indicator system couldn’t cover all effect of laws. Therefore, the indicator system should select the most important impact factors as evaluation indicators. In the calculation of the law impact assessment indicator system, the evaluation subjects deal each indicator to quantify monetary analysis and obtained result by the cost-benefit method. However law impact assessment indicators are often difficult to achieve full effective quantification, then we can take qualitative and quantitative method to measure the indicators. In a word, the law impact assessment indicators system is to describe and analyze the effect and phenomena produced by the legal enforcement. Compared with the evaluation of the rule of law, the law impact assessment is more focused on the perspective of legislative centrism. It promotes the development of the rule of law and the quality of legislation.There are different aspects of impact in a law and regulation. The evaluation has involved in diverse indicators. Therefore, how to set different indicator weights reasonably has been an crucial element in the evaluation. We select the suited setting weight method on the principle of accuracy and maneuverability in order to resolve the problems of complicated and various indicators. The reliability and validity of indicators are also reviewed by the tool and mode of statistics. And they guarantee the accuracy of evaluation result. Lastly, we assessed the Water Supplying Regulations in X City by the designed indicators. It revealed the process of indicators system operation, including the contributions and deficiencies.
Keywords/Search Tags:law impact assessment, the indicator of social impact assessment of law, the indicator of economic impact assessment of law, the indicator of environmental impact assessment of law, cost-benefit analysis
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