Local Legislation Evaluation Standard And Procedure Design

Ever since a long time ago, our country legislature attaches importance to legal laws and regulations formulation, but pays attention insufficiently to the performance question after legal laws and regulations appearing, and lacks the enough understanding on whether the legal laws and regulations achieve the anticipation of legislation. Along with the legal laws and regulations increasing unceasingly, between new and old legal documents, between the legal documents formulated by different departments, the friction and the conflict appears frequently. These contradictory legal documents brought many puzzles for the real life and reduced the legal authority. The good news is, in recent years, China's legislative subjects actively explore various ways and methods to improve its quality and local legislation assessment system is one of them. Local legislative appraisal is an important link in the process of legislation, it as an application of the strong technical means, through the legislative effect evaluation to improve its quality and support the legislation rational decision-making. It is one kind of import scientific legislation in our country. But it is a pity, systematically carrying legal performance evaluation on the legal laws and regulations until now is a legal bland in our country at present, Legislation Law has not corresponding stipulation. This causes that each place in questions for instance evaluation content, method, procedure and so on has huge difference, and this harms the scientific nature and the authority of evaluation report. How to consummate the system of legal performance evaluation preferably becomes a problem urgently solved.At present, the study on the legal system of evaluation of local legislation is still kept at the initial stage in our country, but the academia in jurisprudence and legislation has already achieved some kind of common understanding on the value of it.On the basis of the concept and function and necessity of local legislative appraisal system, the article pays emphases on the scientific building of the local legislation assessment standards and procedures design. A preface briefly introduced the current legislative appraisal work in our county, and expounds the necessity of studying of the local legislative appraisal, and explores the purpose of this paper. Besides preface and last part, the article divided into four sections, specific as follows:The first chapter is the summary of the local legislation evaluation. In order to form the correct cognition for the local legislation evaluation in general, I define the concept and function of the local legislation evaluation and reveal the necessity of the local legislation evaluation.The second chapter is the evaluation standard and basic requirements of the local legislation evaluation. This chapter is divided into two parts, the first part demonstrates the significance of the local legislation evaluation criteria, and the second part demonstrates the basic requirements of constructing the evaluation standard of the local legislation.The third chapter is constructing of the local legislation evaluation standard. The evaluation standard of the local legislation is discussed mainly in this chapter. There are seven standards: the justice standard; the legitimacy standard; scientific standard; the effectiveness standard; the local features standard; the operability standard and the technical standard.The fourth chapter is the evaluation procedure design of the local legislation. This chapter discusses mainly the value and basic principle of procedure of the local legislation evaluation and procedure design of the local legislation evaluation.