The Perfection After-Legislation Evaluation

With the perfection of socialism with chinese-characteristics legal system,the specialists of Legislative science pay more attention to improving the quality of legislation. In which, establishing system of after-legislation evaluation is an important method to improve the quality of legislation. system of after-legislation evaluation is a brand new system,meanwhile it has been put into practice for decades in developed counties. As the continuation of legislation, several provinces and municipalities has been exploring this system,which has great significance to improving the quality of laws and regulations. However it has not form unified pattern on system of after-legislation evaluation in China.This condition calls for standard specification which makes us to achieve a better evaluation effectiveness. Study on The system of after-legislation evaluation in China ,which needs a more standardized and institutionalized system.On the basis of the introduction of this system and reviewing the practice of this system at home and abroad,the article pays emphases on the building of the system in our country.ChapterⅠintroduces the system of after-legislation evaluation,including intension , theoretical basis and significance.ChapterⅡdescribes the start mode of after-legislation evaluation. Author divide the start mode of after-legislation evaluation into routine mode and urgent mode.Author takes the"sunset law"for reference,which is also called period of validity. In order to avoid to amend and abolish the law for too long a time , author designs rhythmicity evaluation system to respond the demand of the era .The purpose of urgent mode is to prevent the blemish of the law infringe the benefit of citizen. The starting of urgent mode need to be restricted.ChapterⅢdiscusses the determination of evaluation subjects.This article first discusses the necessity of establishing professional evaluation organization. Secondly this arical discusses the composition of evaluation participants.After analysising the drawback of unary evaluation mode and traditional multivariant evaluation mode, bring forward the adversarial system mode that the law-making body, lawbringer, stakeholder,expert group and the neutral participate.ChapterⅣdiscussed the possibility of voting regime in evaluation.To prevent the legislation not to respond the assessment conclusion, article advise establishing compulsory execution system,the significance of which is to fall the evaluation conclusion into place.At last the Article further researches the functional authority of the professional evaluation organization. The legitimacy evaluation is included, and the membership of after-legislation evaluation organization specialist knowledge,therefore there is possibility that the evaluation organization also as the unconstitutional review organization.This article draws the blueprint in order to enlighten the people who has the will to make further reseach in this field.