Study On The System Of Government Regulation Evaluation

Since reform and opening-up, Chinese legal system has been in a new period of reconstruction and rapid development, under the guidance of the legal faith"there are laws to go by, the laws are observed and strictly enforced, and law-breakers are prosecuted". In order to solve as quickly as possible the problems that there are no laws to go by in most areas, legislation programs focus on "the number of legislation" and establish and improve the legal system. After 30 years'development, China has basically formed the legal system and perfected regulations. In this period, the concept should be transformed into the pursuit of more effective legislation and more attention to the quality of legislation. Government regulations are important in the legal system. Compared to the laws and regulations, government regulations have some characteristics as follows: more types, more quantities, broader areas, higher frequency, greater impact to administrative counterpart, therefore, improving the quality of government regulations through the approach of government regulations evaluation is particularly important. Over the years, legislative branch mainly improve the quality of legislation through investigation and studies in the legislative process. In 2004,"Outline for Promoting Law-based Administration in an All-round Way"was released, which made the legal profession to attach importance to government regulation evaluation, a new regulatory approach to improve the quality. However, to date, regulation evaluation has not formed the theoretical system and application standards. The lack of theory and practice makes the study about this problem has both theoretical and practical significances. In this paper, the study of the basic theory and construction on the regulation evaluation was undertaken to improve the quality of regulations and perfect the system of administrative legislation. The thesis consists of three parts:The first part gives a general introduction of the concept and function of regulation evaluation. Clarifying the concept of regulation evaluation is to understand the nature and function. Regulation evaluation is actually a regulation-making authorities'self-regulatory evaluation on the rationality, guiding the enactment, amendment and repeal of rules. Regulation evaluation will help improve the quality of rules, improve administrative legislation system; help promote administration by law and build a government under the rule; help strengthen the rule of law and build a harmonious society.The second part produces the domestic practice and extra experience of evaluation. The practice is analyzed from the angle of the background, the origin and the present state of. The study of the United States, Britain, Japan and other countries is undertaken to provide reference experience for the construction of regulation evaluation in our country.The third part gives our idea of government regulation evaluation system. System is planed mainly from the following aspects: the subject and agencies of evaluation, the content and scope of evaluation, the principle and pattern of evaluation and procedures.