Legislative Impact Assessment Theory And Empirical Research

The effects of law implementation and enforcement is not inevitable consitent with the legislative intent, may even break the legistative intent. When studying the factors that may impact on the effects of law implementation and enforcement, we mainly focus on the law enforcement and legal compliance perspective but ignor the issues and problems embeded in the legislation. As the famous saying goes:"success follows well-armed preparation", regarding how to optimize the legislation and improve the quality of legislation, it should not only be replied to by the government legislative authority but also should be answered by theoretical circles. The evaluation of effects of legislation is an approach to optmize the legislation and improve the quality of legislation. In this thesis, the study is on a theory-positive basis, made for the evalution of effects of legislation from the perspective of improving the quality of legislation. With the methodology of the theory instructing practice and learing the lessons from practice, I wish this thesis would figure out the usefully aggregated lessons and have a new attempt to explore.This thesis is composed of four parts.Part I summarizes the evaluation of effects of legislation. Through the interpretation of the concepts of evaluation of effects of legislation and comparative analysis of related concepts, we make the more clearly definition of evaluation of effects of legislation. In addition, we simply introduce the status and development of foreign theory and practice of the evaluation of effects of legislation in order to provide a useful reference to the study for the evaluation of effects of legislation in China. By going through the status of the theory and practice of the evaluation of effects of legislation in China, we wish this thesis could make people focus on the said status and make it developed and universal.Part II explores the theory structure of the evaluation of effects of legislation. The theory of the evaluation of effects of legislation is a systematical science. Consequently, such theory needs to be equipped with the support by the solid theory and science technique and methods, which includes:(i) the general legal methodology of guidance for the evaluation operator to completion of the evaluation work——The Legal Methodology of Evaluation of Effect of Legislative; (ii) the detailed legal methodologies of the evaluation of effects of legislation——Qualitative Analysis and Quantitative Analysis. The former, The Legal Methodology of the Evaluation of Effects of Legislation, includes Comparative Analysis and Systematical Analysis, etc. The latter, Qualitative Analysis and Quantitative Analysis, includes Data Analysis and Cost-Benefit Analysis, etc. (iii) the evaluation standards and measures of the evaluation of effects of legislation, including the achievement extent of intended targets, legitimacy, systemic, operability, and evil-reaction, etc, which may be difference due to nature of evaluation objects or the targets of evaluation subjects. And (iv) since not all of laws need or meet with the requirements of law evaluation, which laws available to be evaluated should be researched for.Part III is the positive research instructed by the theory of the evaluation of effects of legislation. Under the guidance of consideration of evaluation objects and data available to us,"Regulation on Protection of Historical and Cultural Outlook Neighborhood and Historical Outstanding Buildings of Shanghai Municipal"is selected as a case for our study with the integration of the methodologies of evaluation standards and measures of achievement extent of intended targets, legitimacy, and operability. The certain of the research findings of the law evaluation theory are comprehensively used in this case studies. Hence, with the theory guiding practice, we could arrive at the conclusions with discovering the orientation of the problems and approaches of solution.Party IV is the conclusion and consideration of the evaluation of effects of legislation. We think over the often appeared issues that could not be resolved by the case study during the course of the study in this paper. Such as, the issue of how to confirm the evaluation operator, the issue of the approaches to acquire the data of the evaluation, the issue of application to the conclusions of the evaluation, and the issue of institutionalization of evaluation, etc. These issues would be discussed in this part.