Improve The Cost-benefit Analysis And Administrative Legislative Procedure

The research of the cost and benefit in the law has nourished for several decades in foreign countries. The scholars analyze the law system by the science of the law-economy which is made up by the law and the economy. As a result, we realize the new research method of the quantity-oriented in the law area, which is beyond the old method of the quality-oriented.In the west, from the acceptance of the science of the law-economy, the analysis of the cost and benefit of law is applied extensively in the subjects of the civil law, the criminal law, the procedure law and so on, with the administrative law included naturally. And it has made great effect in the law experience area In the United States of America, from the 12291 order of the president, all of the important administrative legislation are required to make the analysis of the cost and benefit to make sure that they are necessary. There are also the similar clauses in Australia and the Great Britain. In our country, there are more and more concentration on the science of the law-economy and on the research method of the cost and benefit. However, the research of the cost and benefit in the administrative law area is still very poor. There are too many calling on the realization of the cost and benefit method leaving the deeply research of the specific institutions aside.This dissertation is based on the theories of the rarity of the resource, the relationship of the supply and demand, the biggest margin of the benefits and the decay law of the marginal benefits. In the use of the basic theory of the economy and the research means of the law-economy, we combine the analysis of the cost and benefit in the administrative legislation and the perfect of the procedure of the administrative legislation.I have made it clear that there is the most content state where the cost of the administrative legislation is the most reasonable. Our duty is to near to this state by the perfect procedure of the administrative legislation. Naturally, in this dissertation, I analyze the procedure system of the administrative legislation in details.The originalities of this dissertation belong to the ideas as follows. Firstly,...