Cost Analysis Of China's Legislature And The Executive

Economic analysis of administrative legislation is a way to analyze law by economics. This is a new view. The topic of this artic is cost analysis of administrative legislation in china. This article is divided into four parts.Part Ⅰ : The article introduces an economical way of cost and benefit. Firstly, the concept of cost and benefit of law is summarized. As well as, it analyzes some bases of it, such as, law is common product and rare; the theory of supply and demand, etc. secondly, it apply economical way of cost and benefit to law, especially in the area of legislation and justice. In general, the economic way is a good way to analyze law, especially to administrative legislation.Part Ⅱ: It interprets the cause about economic analysis to administrative legislation. Above all, the way of cost and benefit is applied to administrative legislation in American and makes some achievement. But in China, this way is not introduced. Secondly, administrative legislation has some defaults in China, such as high cost and low benefit. And include administrative legislation is behind and implicit cost is high; there is a great distance between the aim of legislation and result of legislation etc. lastly, this article analyzes the facts to effect administrative legislation. The important facts include concept of cost and benefit; the source of the process of administrative legislation is distributed efficiently; the source of technology of administrative legislation is distributed efficiently etc.Part Ⅲ : It is important to introduce the circumstances of administrative legislation in China. The cost of administrative legislation refers to the sources that are spent by administration makes and apply administrative legislation in total social. It includes the cost of administrative legislation itself and the social cost of administrative legislation. Secondly, as far as benefit of administrative legislation is concern, the author analyzes a few of concepts, such as the benefit of administrative legislation and efficient of administrative legislation etc. lastly, it introduces the contents of the benefit of administrative legislation and includes the benefit of economic, the benefit of politic, the benefit of culture and thebenefit of time.Part Ⅳ: This article answers how to perfect administrative legislation by the way of economic analysis. Face to the defaults of administrative legislation, on the basis of the facts of administrative legislation, the author proposes some suggestion: firstly, we should set up the value of justice and efficiency. We think that Posner's doctrine about "Economic analysis of law" insists that efficiency should be regarded as the basic value of law; the justice and efficiency should be unified; the inner nature shows the pursue to efficiency in the market-oriented economy etc. secondly, the article refers that the process of administrative legislation should be perfected in order to distribute source of process of administrative legislation efficiently; the source of time should be pay attention to; the human capital should be carried out etc.