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A Study On The Pre-Legislative Evaluation System

Posted on:2020-12-05Degree:DoctorType:Dissertation
Country:ChinaCandidate:S K WangFull Text:PDF
GTID:1366330590961841Subject:Science of Law
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The pre-legislative assessment is different from the legislative assessment and the post-legislative evaluation system,which is an important system value for the improvement of the legislative quality as in the legislative evaluation and the post-legislative assessment.The academic research on legislative evaluation and post-legislation evaluation system has been full of sweat,but the research on pre-legislation evaluation is rather weak.This study takes the 19 th CPC National Congress as an opportunity,which explores the practice of pre-legislative evaluation system during the 18 th CPC National Congress and before the 18 th National Congress of the Communist Party of China(CPC).With the development of the national governance system and the modernization of the governance ability,the socialist legal system with Chinese characteristics has been formed,and the center of the construction of the rule of law has been transformed from the "quantity type" to the " quality type".The quality of legislation has become the core issue of the construction of the rule of law.In his report to the 19 th CPC National Congress,General Secretary Xi Jinping said: "the task of ruling the country by law in an all-round way is still onerous,the national governance system needs to be improved,and the governance capacity needs to be strengthened.We will unswervingly follow the road of rule of law in socialism with Chinese characteristics,improve the socialist legal system with the core of the Constitution,and build a country ruled by law in socialism with Chinese characteristics." But the reality of the legislation shows that a large number of draft regulations have been adopted without a vote,and the effect after the implementation is not ideal,which has the situation that the legislation cost is large,the implementation cost is too high or the effect is not ideal.As an important method and means to understand the effect of implementing laws and regulations and improve the quality of legislation,the system value of legislative evaluation has been paid more and more attention.In recent years,the theoretical research on the post-national legislation has been relatively mature and has produced a series of excellent research results.However,compared with the relatively mature post-legislation evaluation system,the theoretical study of the pre-legislative evaluation system is rather lagging.Therefore,the study of pre-legislative evaluation system has great theoretical and practical value.This study attempts to expound the pre-legislative evaluation system in seven aspects: the introduction part mainly introduces the background of the topic,the value and significance of the research,the domestic and foreign research status and research methods and so on.The first chapter studies the theoretical basis of the pre-legislative assessment.The concept of the pre-legislative evaluation,the theoretical connotation,the basic principle and are explored.The second chapter discusses the core elements of pre-legislative assessment.The main body,object and content of pre-legislative evaluation are evaluated.The third chapter discusses the basic criteria of pre-legislative evaluation.The core is the scientific design of the index system of pre-legislative evaluation.The fourth chapter discusses the operation procedure of pre-legislative assessment.It discusses the constituent elements,value,start-up,operation,response of the pre-legislative evaluation procedure.The fifth chapter examines the extraterritorial pre-legislative evaluation system.Mainly to the United States,the United Kingdom,Germany and the European Union pre-legislative evaluation system to investigate,and to evaluate its advantages and disadvantages.The sixth chapter studies the practical application of pre-legislative assessment.This paper analyzes and explores the interaction between pre-legislative evaluation and grass-roots governance.Taking Guizhou,which has lagged behind in economic development,and Guangdong,where the economy is relatively developed,as the object of study,.The aim of this study is to construct a comprehensive and systematic pre-legislative evaluation system to make up for the deficiency of the pre-legislative evaluation system in the field of theoretical research.At the institutional value level,it can provide theoretical support for the perfection of the evaluation system under Article 39 of the Legislative Law,and formulate a national pre-legislative evaluation regulatory system at the national level,and provide a systematic theoretical basis for local pre-legislative assessment rules.
Keywords/Search Tags:legislative power, pre-legislative evaluation, constitutional implementation
PDF Full Text Request
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