| Li Zhanshu,member of the Standing Committee of the Political Bureau of the CPC Central Committee and Chairman of the Standing Committee of the National People's Congress,emphasized at the 24 th National Symposium on Local Legislative Work that local legislation is a system regulation with Chinese characteristics and distinctive characteristics.Play an important and unique role.Local legislation should be guided by Xi Jinping's thoughts of socialism with Chinese characteristics in the new era and the spirit of the 19 th National Congress of the Communist Party of China.With the same frequency as reform and development with practice,make new contributions to improving the socialist legal system with Chinese characteristics and promoting local economic and social development.Summarizing the achievements and experience of China's local legislative work in the past 40 years of reform and opening up,on July 1,1979,the "Organization Law of the People's Congress of the People's Republic of China and Local People's Governments" gave the provincial people's congresses and their standing committees the And the power to promulgate local regulations.Since then,China's local legislation has flourished,and the overall volume of local legislation has far exceeded the number of laws and administrative regulations.In March 2015,the Third Session of the Twelfth National People's Congress revised the "Legislative Law" to confer local legislative powers on all district-based cities,and expanded the scope of local legislative subjects enjoying legislative power.From March to the end of December 2017,the number of local regulations in cities with districts was 595,showing a sharp increase.There are many problems in such a large and rapidly growing local legislation: the pursuit of the number of legislation and the face-saving project to fill the blank areas of legislation has exceeded the concern of solving local practical problems;a large number of repeated national legislations have caused waste of legislative resources;There are also a large number of zombie laws and regulations,which have been asleep since the birth.Therefore,China urgently needs a legislative evaluation method or evaluation method to solve the problems existing in legislation.The cost-benefit analysis of legislation is a relatively comprehensive and comprehensive evaluation tool.It mainly uses law and economics to evaluate the impact of law on economic,social,and environmental aspects.It uses a method of comparing the cost and benefit of legislation to determine whether it should be legislated or whether Adopt a certain system.The United States is the earliest country to establish a legislative cost-benefit analysis system,and its system design and operating experience are relatively abundant and complete.From Ford's "Inflation Impact Statement" in 1974,to Clinton's Executive Order No.12866,"Analysis of Federal Regulation and Economic Analysis",and in 2011,Obama's Executive Order No.13563,"Improving Regulations and Regulatory Review" A cost-benefit analysis system for administrative legislation,consisting of administrative legislation,presidential executive orders,and government department documents.From a global perspective,other countries that have established more mature cost-benefit analysis systems include Canada,the United Kingdom,Germany,and Japan.Cost-benefit analysis has multiple attributes.First,cost-benefit analysis is a scientific regulatory impact analysis tool.It provides decision makers with a set of mathematical calculation methods,which can more accurately quantify the costs and benefits that may be consumed by the proposed regulation,which is conducive to it.Decision makers make scientific decisions that can improve economic efficiency and economic rationality.Secondly,cost-benefit analysis is also a decision-making process.It is a step before a decision maker makes a decision,which helps decision makers to be more objective before making a decision.For important regulations in American administrative law,cost-benefit analysis is a due process that administrative agencies must abide by.Third,cost-benefit analysis is also a substantive standard.It requires administrative agencies to regulate Benefits can justify the cost,or the cost of regulation should be proportional to the benefits,the regulatory cost must not significantly exceed the benefits,and it also requires that regulatory means be the least burdensome.Therefore,cost-benefit analysis is not only a scientific regulatory impact analysis tool,but also a decision-making due process,or an entity-based due standard.The reason why cost-benefit analysis is widely used in American administrative law is that its status is constantly increasing,mainly because cost-benefit analysis has many unique institutionalized positive functions.Chinese scholar Gao Qinwei believes: “The reason why cost-benefit analysis is popular is that it meets the need for regulatory easing,on the one hand,it is also the result of the full application of the trend of economic analysis law in the fields of regulation and administrative law.” As a kind of application in law Economic analysis methods in the field,cost-benefit analysis can not only effectively improve the efficiency of resource allocation,but also optimize administrative regulations,and help prevent administrative agencies from over-regulation and irregularities.In addition,the correct use of cost-benefit analysis can also effectively improve administrative Legitimacy,alleviating the controversial crisis of "democratic deficit" in contemporary administration.Although cost-benefit analysis has been widely used in various countries,it has always been full of doubt and criticism.For example,cost-benefit simply reflects the current wealth structure,has value-free and immoral,and uses personal value when social value is appropriate,and compares incomparable and priced non-price based on market value,ignores non-quantifiable The value ignores intergenerational fairness.The lack of scientific methods for discount rates,baselines,and calculations has resulted in huge cost-effectiveness gaps.These questions and criticisms have promoted the improvement of the cost-benefit analysis itself.In the field of practice,continuous innovation and attempts have been made to use scientific methods to make up for the shortcomings of the cost-benefit analysis method.Traditional legal philosophy holds that the value of law lies in fairness and justice.However,as the influence of law on the economy has gradually increased,the issue of the effectiveness of law has become a goal of widespread concern and has developed into one of the basic values of contemporary law."Economic analysis has a basic belief that only through cost-benefit analysis can it be possible to be sure of the existence of true justice,justice,freedom and public good,and the extent to which they exist in order to achieve these value goals at a higher level".Therefore,in this sense,the cost-benefit analysis method can achieve the goal of fairness and justice of law at a higher level.With the in-depth advancement of local legislation on local economic development regulations,the distribution and coordination of socio-economic benefits has become the main purpose of local legislation.The cost-benefit analysis method is based on the positive and negative net present value of the comparison of legislative costs and legislative benefits,which reflects the size of legislative benefits,so as to continuously improve legislative benefits,reduce legislative costs,and maximize legislative benefits.Posner made a brilliant description of the changes in the purpose and mission of the law of modern society."The tradition of the law is only to ensure that people share the 'cake' fairly;and the contemporary mission of the law is not only to ensure the fairness of cake sharing,but also to Promote people's efforts to increase the total amount of cakes." In this sense,the cost-benefit analysis method is in line with the mission of contemporary legal development.It is of great significance to highlight the economic attributes of local economic legislation,scientifically allocate local legislative resources,promote scientific and democratic legislation,and improve the quality of legislation.The earliest method of legislative cost-benefit analysis in China was the State Council document “Outline of Promoting the Implementation of Administration According to Law”,which requires local governments to actively explore the cost-benefit analysis system for government legislative projects,and specifically pointed out that the cost-benefit analysis should be applied to economic legislative projects.Methods: Analyze the cost of legislation and the cost of law enforcement and social costs after implementation,and pursue the maximization of economic and social benefits of legislation.Subsequently,the General Office of the People's Government of Hainan Province promulgated and implemented the "Implementation Opinions on the Legislative Cost-Benefit Analysis" to take the lead in trying the cost-benefit analysis system.The theory and practice of China 's legislative evaluation are surging.Post-legislative evaluation has been fixed by China 's 2015 Amendment to the Legislative Law.Article 63 of the Legislative Law stipulates that “the special committees and standing committees related to the National People 's Congress Working institutions can organize post-legislative evaluations of relevant laws or relevant provisions in the law."More and more people in the theoretical and practical circles recognize that the legislative evaluation system is important to improve the quality of China's legislation and the operability of legislation.significance.Cost-benefit analysis is the most difficult of the evaluation standards,but it is also the most effective way to improve the quality of current Chinese legislation.However,the introduction of any kind of system is not a complete copy.It must be appropriately adjusted in accordance with the national conditions of the locality,especially when China's law and economics are not very developed.Building a cost-benefit analysis system in China requires more precision.,Step by step implementation.To construct a cost-benefit analysis system in China,a better model choice is to cultivate participating subjects and establish independent review subjects.Relatively professional and independent review subjects have formulated and issued guidance documents for the cost-benefit analysis of local economic legislation in China.Strengthen quantitative and qualitative analysis of costs and benefits,make full use of big data and government information collection and disclosure,provide scientific data information for the monetization of costs and benefits,and use qualitative analysis for factors that cannot be quantitatively analyzed for the time being Effective supplement.There is still a long way to go before the cost-benefit analysis method can be effectively used in China's legal practice to make the government's major administrative decisions,administrative legislation and other government actions more scientific and rational.Work hard and keep exploring. |
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