Cost-benefit Analysis Of Administrative Legislation

The development of Law and Economy introduces many kinds of economical theories and methods into law science analysis, and this thesis is the cost-benefit analysis of administrative legislation at the angle of economical cost-benefit, which figures that there exists weakness of high cost-low efficiency in administrative legislation, so it is need to construct cost-benefit analysis mechanism of administrative legislation, and to pursue the way of realizing efficiency of administrative legislation on the basis of using experiences for reference and self-improving.The first chapter instructs the concept of administrative legislation and the method of cost-benefit analysis, and considers administrative legislation is the activities of constituting administrative law and regulations by authoritative administrative departments according to legal rights and proceeds; and tells the introduction,the base of theory and straightness and weakness of the method of cost-benefit analysis.The second chapter starts with the practice experiences of foreign countries, and spreads out and analyzes the practices of cost-benefit analysis in administrative legislation from America,Korea,German,Australia and some other countries, synchronously deems that all the above countries attach importance to cost-benefit analysis of legislation, and their many successful practices are deserved our using.The third chapter concretes the meaning of cost-benefit in administrative legislation, and confines,decompounds,analyzes cost-benefit of administrative legislation in the aspect of theory, and compartmentalizes the cost of administrative legislation in the angle of main body, and thinks the cost of administrative legislation includes main body cost of administrative legislation,cost of executive main body,relative party cost of administration, synchronously figures that efficiency of administrative legislation includes administrative efficiency,economical efficiency and social efficiency, and then the relationship between the cost-benefit of administrative legislation.The fourth chapter analyzes the abuse of high cost-low efficiency in administrative legislation completely and deeply, and considers in the field of administrative legislation in our country seriously exists some harm phenomenon, such as efficiency notion and efficiency legislation neglected,high administrative cost accompanied with low efficiency,laggard legislative technology,distinct department profit and insufficient democratic legislation, so cost-benefit analysis of administrative legislation has its deep necessary.The fifth chapter aims at the above mentioned abuse, and studies the way of realizing efficiency of administrative legislation in the basis of using foreign experiences, and figures that firstly, should sparkplug the notion of cost-benefit analysis of administrative legislation and strengthen relative research in practice, synchronously promotes legislative economy through improving administrative efficiency,legislative member quality,restricts legislation,democratic legislation and strengthen revision work, etc, and at last construct institutions of cost-benefit estimation in administrative legislation so that sufficiently realizing efficiency of administrative legislation.