Cost-Benefit Analysis Of The Administrative Legislation

At present,our administrative legislation has an outstanding problem is not concernedwith the Cost—Benefit analysis of the administrative Legislation,although there are manyscholars have already begun to focus on the Cost—Benefit analysis of the administrativelegislation．But in our economic analysis of legislation and the study of administrative costsand efficiency is always grown stagnant,little fruit．The Cost-Benefit analysis of theadministrative legislation for ffoming the legislative power has important significance．Social development has brought great changes of management．Representative agencyhas Can't adapt to social change and rapid development brings many new features and changes．Meanwhile,the economic crisis and the challenges of economic structure and social structureunbalanced brings problems,such as the market failure,highlighted the role of government．Representative institutions have to make some legislative power appoint to the government,administrative legislation arises at the historic moment and increasingly numerous,becomegovernment administrative regulation powerful tools Some scholars pointed out that in thepast 20 years,one of the most important developments in administrative law is administrativeorgans increasingly rely on regulations as a means of policies．But,with the expansion of thestate function,people began to re—think the rationality and validity of government intervention,because practice face omnipresent of state power．the market itself can not solve the problem,state intervention is not working．The cost of administrative legislation in many cases faroutweigh the benefits．forcing people to rethink the role of administrative legislation·Thus,how to confirm the rationality of administrative legislation is a new task facing their people,and cost and benefit analysis therefore provides a feasible method．Since a theory of law andeconomics start by posner,Chinese scholars not value legal economics analysis,often limitedto justice and efficiency,freedom and order of such abstract concept,Qualitative analysis thanquantitative study This paper through the administrative legislation the cost and benefit analysis,make people realize economy and economics in law,especially the important significance of administrative legislation process,make administrative legislation more accord with the need of the society．In this study,besides using economic analysis of theInethod outside,still used a empirical analysis method,cited in the field of administrative legislation practice and foreign advanced experience．Throu曲the factor analysis method,endof object of study factors influence of various factors,and analyse each element of theinfluence of research object the size and influence way,derived balance of costs and benefitsof administrative legislation,administrative legislation of the costs and benefits of problemswith quantitative research foundation．This paper an important conclusion is aimed at the current cost and efficiency problem inlegislation that the study of cost benefit analysis with the minimum cost is the purpose ofpursuing the maximum benefit,and puts forward the main arguments not cost the greater thesmaller gains．The dynamic analysis of the costs and benefits of administrative legislation of,the relationship between the three corresponding administrative legislation status toadministrative legislation of costs and benefits relations are divided into:relatively fixed costof administrative legislation seeks to maximize the benefit of administrative legislation；Relative benefit goal set administrative legislation seeks to minimize administrativelegislation cost；Adjust the costs and benefits ofadministrative legislation for the difference invalue between target maximized．In addition,classification of administrative legislation costand administrative legislation benefit of not doing the simple classification,in the form ofcost of administrative legislation introduced the concept of social cost and opportunity cost,enlarge the cost concept；In administrative legislation benefits judge in value not only facts．In addition,this paper argues that the costs and benefits of administrative legislation inChina is to construct China'S administrative legislation cost effectiveness evaluationmechanism and administrative legislation performance evaluation mechanism,the keymechanism structure the unity of the central and local legislation．Legislation content shouldinclude the following aspects:first,clear subject of evaluation,the subject must haveextensive public participation．Second,clear structure,social cost,opportunity cost,valuesexual benefits among them．Third,establishing a perfect system security system．Fourth,government information publicity and information sharing．In conclusion,although this paper in administrative legislation on the costs and benefitsof the current situation,cause made detailed analysis,and put forward correctly handle thecosts and benefits of administrative legislation in China some constructive opinions,butbecause the lack of knowledge of economic law and economics,the shortages of data inaterial mastery,this paper also has lots of regret and deficiencies...