Study On The Regulation Impact Assessment System From The Perspective Of Administrative Legislation

Regulation Impact Assessment refers to the mechanism and process of systematic analysis and assessment of the positive or negative impacts of existing or proposed regulatory policies in the social,economic and environmental fields;it is an aid Decision-making tools analyze the legality,effectiveness,necessity and scientificity of regulatory policies through cost-benefit analysis,cost-efficiency analysis,risk analysis,cost standard models,etc.,and provide scientific and reasonable reference for regulatory decision-making.The basis is to make the regulation process more open,transparent and reasonable,reduce the cost of the regulation,improve the quality of the regulation,strengthen the responsibility of the government,and emphasize the concept of a service-oriented government.The rise of the regulatory impact assessment system has a profound historical background and is an inevitable outcome of political,economic and social development.It conforms to the trend of administrative democratization,regulatory reform and the establishment of a service-oriented government in Western countries.The United States,the OECD and the European Union and other countries and international organizations have carried out theoretical and practical explorations on the regulatory impact assessment system since the 1970 s.After decades of development and improvement,a set of assessment subjects has been formed.Assessment system,evaluation criteria and principles,assessment methods and systems for monitoring the integrity of the system.Theoretically,the regulatory impact assessment system fits the development trend of administrative democratization and the requirements of economic and social development for scientific legislation.It is the rational application of economic analysis methods in the field of law.From the perspective of practice,the regulatory impact assessment system is The effective implementation of foreign countries has improved the legitimacy of administrative regulation,ensured the legitimacy of legal resource allocation,measured the effectiveness of legal regulation,integrated multiple regulatory objectives and coordinated multi-party interests,strengthened the transparency of legislation,and clarified responsibilities.Since the State Council promulgated the "Outline for the Comprehensive Implementation of the Implementation of Administration by Law",both the theoretical aspects and the administrative organs at all levels have actively explored the regulatory impact assessment system.Including: "State Council's Opinions on Hearing of Administrative Legislation" issued by the State Council,"Promoting the Implementation of the Administration in Accordance with the Law","Opinions of the State Council on Strengthening the Construction of the Rule of Law",and "Implementation Outline for the Construction of the Rule of Law(2015-2020)","Administrative Licensing Law" and "Administrative Enforcement Law";and the local government promulgated: Hainan Province "Implementation Opinions on Carrying out Legislative Cost-Benefit Analysis Work",Chongqing Municipality's "Chongqing Municipal Government Major Decision-Making Procedures Regulations" and Shandong,Jiangsu,The Administrative Procedures Regulations of Hunan and other provinces.On the whole,in the current laws and regulations in China,there are no mandatory requirements,no low-level regulations,and no systematic and operability provisions,whether they are central documents or local regulations.The reason is,first of all,there are some cognitive resistances.It is believed that the regulatory impact assessment system simply quantifies and monetizes regulatory policies and cannot be measured fairly.Secondly,China's regulatory impact assessment system does not have a systematic The United States,the European Union and other countries or organizations rely on laws and regulations to provide a systematic institutional guarantee for the regulatory impact assessment system;finally,the regulatory impact assessment system requires complete technical and data support.The Fourth Plenary Session of the 18 th CPC Central Committee proposed that to build a socialist rule of law system with Chinese characteristics,we must adhere to legislation and give play to the leading and promoting role of legislation,and seize the key to improving the quality of legislation.The report of the 19 th National Congress pointed out that the rule of law must be implemented in full compliance with the law.The rule of law promotes scientific legislation,strict law enforcement,fair justice,and law-abiding for the whole people.At the end of 2017,the Standing Committee of the National People's Congress issued the "Working Regulations on the Adjustment and Consultation of Major Interests in the Legislation on Legislation" and the "Working Standards for Introducing Third-Party Evaluations on Important Legislative Matters Concerning Controversy";the State Council announced the newly revised The Regulations on the Formulation of Administrative Regulations and the Regulations on the Procedures for the Formulation of Regulations were implemented on May 1,2018.The collection and demonstration system for legislative projects,the public consultation system and the entrustment of third parties for drafting and enacting were improved.This series of reforms has shown our determination to promote scientific legislation,democratic legislation,and legal legislation.Under the current situation of lack of local theoretical and practical resources,actively understanding,analyzing,comparing and absorbing foreign advanced theories and practical experiences,combining research and exploration with China's national conditions and actual conditions is an effective way to solve the current development dilemma.This paper systematically sorts out the framework and operational procedures of the extraterritorial regulatory impact assessment system based on the EU and the United States.It is divided into five chapters.The first chapter studies the legal basis and the basis of administrative rule of law through the multi-angle legal perspective of the regulatory impact assessment system.Combine with the theory of law and economics to carry out a deep theoretical analysis.The second chapter discusses the general situation of the regulatory impact assessment system,and introduces the connotation,production,development of the regulatory impact assessment system,and the construction of the US and EU regulatory impact assessment system.The third chapter studies the subject system of the regulation impact assessment,and conducts detailed research and analysis on the subject,object,scope of application,procedure system and control of the assessment.The fourth chapter studies the comprehensive evaluation standard system of regulatory impact assessment,and analyzes the principles and standards of the assessment in detail,and discusses various evaluation methods.The fifth chapter studies and analyzes the status quo of China's administrative legislation impact assessment,and puts forward suggestions on the establishment of regulatory impact assessment system in China based on the US and EU regulatory impact assessment system.This paper examines the theoretical development and institutional practice of the impact assessment system of China's regulatory impact assessment system,the theoretical development and institutional practice of the impact assessment system of extraterritorial regulation,and explains the common laws and characteristics of the US,EU and other countries and organizations' regulatory impact assessment systems.Form a relatively complete theoretical system of regulatory impact assessment system,and provide reference for the establishment,development and improvement of China's regulatory impact assessment and evaluation system.