Relevant Study On The System Of After-legislation Evaluation Of Chinese Municipal People's Congress

In recent years, the municipal people's congresses at all levels have been positively explored multi- ways to promote the quality of legislation. The system of after-legislation evaluation is one of these ways. It is not only one of scientific legislative measures for municipal legislatures, but also one of effective ways to improve the communication between the municipal legislatures and the public. On the one hand, it can improve the quality of legislation and sustain rational decision-makings of legislation by evaluating the implementary effects of the relevant regulations. On the other hand, it can extend the communication channels between the municipal legislatures and the public by encouraging the public participate in the process of evaluation. In last ten years, the study on the system of after-legislation evaluation is still kept at the initial stage in our country, but the academia in jurisprudence and legisprudence have already achieved some kind of common understanding on the value of it.On the basis of the evaluation example of the Standing Committee of Shanghai Municipal People's Congress, the article pays emphases on the cause, working pattern and evaluation standards of the system of after-legislation evaluation. The article aims to make further research on establishing a long-term and effective mechanism of the system. In the introduction, author recommends certain instances of the system in municipal people's congresses and defines the system clearly from its connotation and extension. The main body of the article can be divided into four chapters except the introduction, and the framework is as follows.Chapter One: Author described detailedly a living evaluation example of Shanghai Municipal People's Congress from many aspects. These aspects include the background and purpose of the evaluation, the choice of evaluation object, the confirming the range of the evaluation, the subject of the evaluation and the composition of workgroup, the choice of evaluation measures and the conclusion of evaluation. This chapter aims to give readers a intuitionistic impression of the system from the living example.Chapter Two: Author made a elementary discussion and conclusion on the general situation about the system of after-legislation evaluation of municipal people's congress. In the first section, author explained the cause of the system and advanced that the weak quality of regulations is the main reason why the system came into being. In the second section, author appraised the sustaining effect of the system to legislative decision-making. The system directs legislative decision-making on the road of rationalization, scientificity and openness. In the third section, author introduced the advantages of the system, such as extensive participation, diversified methods ,direct reflection and supervisal on legislation.Chapter Three: Author used the living example as a cut-in point, focused on the working pattern of the system ,and emphasize on constitution of evaluation subject and evaluation procedure. In the first section, author concluded the characters of the example. Regarding the evaluation subject, legislature itself lead the work, but encouraged experts and the public participate in it. Regarding the evaluation procedure, the whole action system contains a lot of processes and steps, which impact each other. In the second section, author constructed working mechanism for the system of after-legislation evaluation. Regarding the evaluation subject, though legislatures lead the process, they should encourage relevant implementary departments, experts and the public participate in the evaluation process. Regarding the evaluation procedure, it can be divided into three main steps, namely confirming evaluation scheme, actualizing evaluation and bringing out evaluation result. In these three steps, each contains more complicated processes.Chapter Four: Author established feasible, all-round and active evaluation standard system. In the first section , author briefly introduced the theory basis of the evaluation standards, and set forth the important problems that should be cared in establishing the standards. In the second section, author described detailedly four main sorts of evaluation standards. These standards include validity standard, actual-effect standard, maneuverability standard and legislative technique standard.