The Research On The System Of After-legislation Evaluation

In recent years, according to the party's 17th major proposal of "adhering to the scientific legislation, democracy legislation, improve the socialist legal system with Chinese characteristics," the requirements of local people's congresses and their standing committees at all levels to actively explore more effective ways and means, adhere to scientific, democratic legislation, efforts to improve the quality of local legislation, the system of after-legislation evaluation is one of them. Local people's congresses of legislation to carry out evaluation system after-legislation is not only the local legislature scientific way of legislation, but also to improve the communication between the legislature and the public a way. After years of exploration, development and improvement of legislation has become a post-evaluation to improve the quality of legislation, improve and perfect the legislative process is an important legislative systems. However, from the local People's Congress China's current legislation have been carried out after the assessment activities to see that people put more focus on the eyes upon an assessment of the actual operation links, post-evaluation system for local legislation itself does not give sufficient attention to, and many system-building also incomplete, and therefore need to continuously explore the theory and practice to establish its role in the legislative process.This article focuses on local people's congresses evaluation system of after-legislation the meaning, history, function and meaning, operation mode and evaluation criteria to build a system with a view to be truly effective in establishing long-term mechanism of the system, more in-depth exploration. In addition to the introduction, the text is divided into four major parts, the structure is as follows:The first part is the meaning of the system of after-legislation evaluation and historical evolution. First introduced the legislation after the assessment of the meaning of the local people's congresses and the meaning of the assessment system after legislation means that effective implementation of local laws and regulations for some time, under the auspices of the legislature with wide enforcement of the main, the public, experts and scholars and so on, based on qualitative or quantitative evaluation of standards, laws and regulations to implement the performance analysis of the laws and regulations of the various systems to evaluate the design and procedural requirements, and future trends in the adjustment of the legislation to make judgments, and evaluation findings as to the legislation to make future adjustments to determine an important basis for the trend to improve the quality of legislation in support of a set of legislative decision-making system. This is frequently encountered in practice law enforcement inspection is different. After the assessment, compared with the legislation, law enforcement check is the local organs of state power of the Constitution, laws and regulations, the implementation of this administrative regions to conduct the inspection and supervision system. Second, foreign presence from the current legislative impact assessment system, there are the main refers to planned and already in force laws and regulations to estimate and compare the effectiveness of a program evaluation. In China, the legislative effect of the assessment system into the people's view of the time and soon, a few provinces and cities in the ongoing practice of trying to just after the legislative impact assessment, that is the object of study, after enactment, this assessment system, from the perspective of a complete system, These practices are only part of the contents and in its infancy, but throughout the post-evaluation assessment of the legislative content, assessment tools, assessment methods have their own differences, as an important legislative regime should be further study and improvement of its normalization and institutionalized.The second part is that the system of after-legislation evaluation is divided into the practical significance. "Strengthening the legislative work to improve the quality of legislation" is the party's 16 Conference and the National Standing Committee of the legislative work of the general requirements. After legislation to carry out assessments in improving the quality of legislation to strengthen the legislative work has an important catalytic and facilitating role. China in recent 20 years, from the central to local governments have carried out a large-scale legislation. This highlights the large quantity of surface current legislation, legislation on the fields of a wide range. With a socialist legal system with Chinese characteristics, as well as the socialist market economy system has been initially established, which makes our legislation into the "post-legislative time" and its important features is that China's legislation from the past emphasis of the new law created to the present emphasis on the existing legal The revisions and additions and abolished. Therefore, in terms of our legislative bodies, more is not to create new law, but rather to reflect the current laws and regulations, to examine its practical effect, be modified in accordance with its operation of its laws and regulations relating to the amendment and the right reflection the actual effect of laws and regulations of the inspection, some of the provisions of existing laws and regulations of the Amendments and additions are all vested in the legislature after the assessment of the basic work. In the current backdrop, a good law to carry out post-evaluation will help speed up the building of a harmonious socialist society is conducive to the legislature to constantly improve and perfect the legislation will help improve the socialist legal system with Chinese characteristics is conducive to enhancing public awareness of the law.The third part is that the system of after-legislation evaluation is divided into the legislative structure. Legislation after the assessment system be defined as a set of scientific, a sound evaluation system, which can be summed up as a specific assessment subject, assessment objects, assessment content, assessment criteria, assessment methods, assessment procedures, these areas closely linked and mutually reinforcing, common to complete the legislative activities in the process task. After the assessment of the main legislation, taking into account China's current assessment of the local People's Congress, after enactment, the case is still in its infancy, is still can be taken by the local legislature after the assessment of the organization and commitment to the legislative work of the model; legislation upon an assessment of an object refers to the more than regulation or a regulatory assessment of the specific issues; legislation upon an assessment of the content refers to selected aspects of laws and regulations which, and which to assess the situation; legislation upon an assessment of standards, mainly the legality, practicality, technical Several standards; legislated assessment methodologies, specifically including the typical case studies and held seminars, relevant personnel interviews, special investigations, surveys, cost-effective computing a variety of ways; legislation upon an assessment of the basic procedures, one evaluation of start-up and preparation, the second is to assess the implementation of the third is to consolidate the data collected to form evaluation findings, as set up a new area of legislation, amend or repeal existing laws and regulations or recommendations shall not amend or repeal existing laws and regulations an important basis.The forth part is divided into the legislative implementation and post-assessment system mode of operation. Order to carry out assessment work after legislation is necessary to establish the assessment system legislated framework of legal protections, but also the relevant departments to implement specific sense of responsibility, a clear dominance of the assessment system legislated. Describes the current legislation to carry out post-evaluation of the five main operating modes, and through the Standing Committee of Jilin Province on the "Regulations on Trade Metrology, Jilin Province," to carry out post-evaluation of the examples of the legislative analysis, described in detail by the Standing Committee on behalf of organizations After the assessment of the legislative mode of operation. The background and purpose from the evaluation to assess the scope of identification, assessment and evaluation of the main composition of the working group to assess the use of methods and mode of operation and evaluation of the results has done a detailed introduction to the author through personal experience, the more perfect After the assessment of the legislative instance, the formation of local People's Congress legislated a clear cognitive assessment system.