Study Of The Quality Of Legislation

To improve the legislative quality is the most urgent and the most important task in legislative activities in China at the present stage. Administering the country according to law makes the people expect laws and regulations of higher quality .As the developing of the rule of law in China, China's legislative work has achieved world recognized marks and accumulated a lot of valuable experiment. However, problems, still existing in the areas of legislative technique, legislative procedure and legislative effects, affect the legislative quality. It is more and more important to improve the legislative quality, which becomes the bottlet-neck of the construction of the legal system. However,we still haven't attached enough importance to the research of the theory of legislative quality, the research production is few. And in accordance with the practice of our country's legislation, the author makes a primary discuss of the concept of legislative quality, the main factors working on the legislative quality, the judgement standards of the legislative quality, introduces other countries' lawmaking instances of the legislative quality, analyses the problem of china's legislative quality and advances countermeasures. This paper has six parts. The first part focuses on the conception of legislative quality. The discussion starts from the narrow sense of legislative quality and the broad sense of legislative quality, onlybroad sense of legislative quality is discussed in the paper, That is the legislative quality reflects all the characteristics of the capabilities that are necessary for legislation to regulate specific social relationships. The second part focuses on the factors working on the legislative quality, mostly from the legislative principle, the legislative purview and main body, the legislative format, which affected the legislative quality. The purpose of this part is to target on the problems of China's legislation, through the factors working on the legislative quality, The third part focuses on the judgement standards of the legislative quality. The author put forward several testing criterions which ideal legislation should possess. The fourth part focuses on the introduction of other countries' legislative quality. It introduces the legislative quality in England, USA and other countries. The purpose of this part is to tell the difference between China and other country. The fifth part focuses on the problem of China's legislative quality. He analyses the practicality of China's legislative quality, advancing the main problem in China such as the nonstandard legislative name, legislative programming without scientific instruct gist, locality benefit and department benefit. The sixth part focuses on the countermeasure of improve China's legislative quality, which is the ultimate value and destiny of researching legislative quality, because the establisment of the legislative quality accessing standard or the analysis of the factors which affect it, both serve the destination ofpromoting the legislative quality. The author advances the right means to deal with several relations in legislation, to keep away or conquer the locality benefit and the department benefit, to keep away conflicts in legislation, to perfect legislative procedure, to improve legislative technic level, and to construct and perfect legislative quality estimate system, which are the countermeasures dealing with the problem of China's legislative quality.