Research On Legislative Application Of Sunset Provision In China

The sunset provision is defined as a clause attached in the law stipulating the termination on a specified date. Any law including a sunset provision requires that once the term regulated by the provision expires the existence of which must be reviewed to justify its continuance, otherwise this law shall cease to have effect just like the sunset. The application of the sunset provision is in fact a system of legal elimination, which highlights that legislation is a progressive and long-term activity: a law not only has the moment as the sunrise, and do have the moment of sunset as well like the illness and death of human being. The sunset provision properly deals with the relationship between the stability and flexibility of the law. By its automatic invalidation system, the sunset provision promotes the legislation updating in time and washes out those regulations obsolesced and unnecessary, in this way, it helps legislation adapt to the enormous transformation of the economy and society. With its features such as predictability and leading operation, the application of sunset tells people that law is facing the future. Actually, to some scope the sunset provision does play the function of pre-control on the elimination of the specific categories of law.Though the sunset provision never lacks attention in Chinese legislation, the research by domestic scholars in this area is still to a fairly narrow extent. It is fairly rare to find out writings about the application of the sunset provision in Chinese legislation in respect of the legislative science, and same is with the practice of the sunset provision in China. Based on the realization of China Issue, the thesis attempts to carry out some brief investigation into the legislative application of sunset provision in China by studying other countries'doctrines and theories as well as comparing which with the practically legislative situation in China.Chapter 1 intends to analyze the experience of application of sunset provision in other countries. Based on the review of historical evolution and theoretic diversification of sunset, the thesis concludes its developmental trend on conception, legislative mode and applying scope. From a dynamic development view, it draws the outline of sunset by setting forth some basically connotation shared by various sunset phenomena.Chapter 2 focuses on studying of sunset provision's legislative application in China. Although the domestic academia pays its attention to sunset provision time and time again, it does not change the facts that sunset application in China is still on a very low level with limited regulated objects, mixed-up legislative modes and obscure applying scopes. Grounded upon legal comparison and China Issue, the thesis raises two principles shall be followed on the journey of sunset legislative application– the doctrine of development and the doctrine of prudence.Chapter 3 tries to demonstrate the feasibility of sunset provision's application in Chinese legislation. The thesis explains the relationship of concepts between sunset provision and Chinese legislation in the first place. In the light of such notion, by respecting doctrines of development and prudence, it chooses the temporary legislation area as a cut-in point to address the correspondence with sunset provision. Deemed as a demonstration object, the temporary legislation in Shanghai local level is looked over on purpose of displaying the necessarian and feasibility of sunset using as well as providing reference to further research.