The Research Of Evaluate The Utility Of The Administrative Legislation

Administrative legislation is the basis and source of the government authority, the quality of the administrative legislation decides the measurement and purview of the government authority directly. Therefore, they should be subject to the legislation of administrative legislation to prove the performance evaluation on the necessity of the implementation of this law and that can be obtained benefits after they formulate a regulations and promulgate it. Analyze the benefit is the most effective way of evaluating the administrative legislation, also, it is a positive method to improve the quality of administrative legislation. Analyze the benefit making the law quantitative, learn from foreign countries through a number of useful methods, comprehensive considering the utility of every standards of the administrative legislation such as economic standard, legal standards, social standard and so on, paying attention to the public, the media after implementation of administrative legislation such as the effect of administrative legislation process evaluation, increase the openness and transparency, and it improve the legislation technology and the timeliness of legislation.Making up for the enacted law lagging limit, the administrative legislation such as the benefit evaluation will be more scientific and effective.Along with the development of the socialist market economy, the benefit ideas are increasingly pervasivly. In China, to promote socialist legal system construction and realize the process of law targets, legislative benefit especially was put on the agenda of administrative legislation benefit which made us realized. To strengthen the socialist legal system construction and true realization of the rule of law, it not only have a completly target of socialist legal system, but also need to have a good administrative legislation benefit and comprehensive benefit evaluation mechanism. Therefore, our country should attach great importance to the research of administrative legislation benefit.First, the basic theories of paper from the basic theory of lawmaking benefit, the concept of administrative legislation issues such as the concept of administrative legislation benefit, the evaluation and administrative legislation benefit problems in China are analyzed one for the need of a legal system construction of reality, proposed to the administrative legislation benefit, this subject research and exploration of the theoretical significance and practical significance of administrative legislation point out that the study not only beneficial to promote benefit the legal construction of the perfect, but also beneficial to solve practice administrative legislation the reality of efficiency not highly. Paper expounds the administrative legislation benefit evaluation of this topic, it studied theoretical prerequisite and foreign countries administrative legislation the benefit appraisal system, and puts forward the specific administrative legislation benefit evaluation standard, establish and perfect the administrative legislation in China provides the basis for the benefit evaluation mechanism.Second, the paper abroad developed countries for reference of the advanced achievements of administrative legislation benefit and combining the actual conditions in China, considering the assessment and chief executive of administrative legislation benefit relations, at the same time the attention the public, the media, and the legislative and judicial organs of administrative legislation benefits such as the evaluation, make the benefit evaluation mechanism of administrative legislation tend to be more fair and reasonable.The last, this paper has proposed established scientific measure our administrative legislation efficiency evaluation mechanism. The advance of administrative legislation, respectively is a matter, afterwards, analyzing the three aspects of administrative legislation benefit evaluation mechanism throughout the whole process of administrative legislation. And then, in order to dig out the real impact to the inner source of legal benefits, it analysis the influence of the administrative legislation further of how to improve the benefit from three aspects.