The Study On The Main Body Of System Of After-legislation Evaluation And Its Way To Perfect

In the long time, our Chinese legislation department always emphasis theestablish of law, neglecting the actual effect after the announcement of law. With theestablish of Chinese legal system, the focus of work of legislation becomes to be themodification, perfection and abolishment of the law. And the After-legislationEvaluation is produced in such situation. In recent years, the Chinese centre andmunicipal people’s congress are all trying the After-legislation Evaluation. Plentifulevaluation practices bring Jurisprudence and Legislative science to focus on this area,and agree on the value of research on this.This thesis takes the evaluation practices of centre and municipal people’scongress as the entry point, mainly focus on the main body of evaluation practices ofdifferent municipal people’s congress and hope to analysis the relevant theory of mainbody of after-legislation Evaluation to compare and draw lessons from the developtrack and forming features of foreign developed counter under the rule of law in orderto seek a scientific and feasible way of pattern of main body of after-legislationEvaluation. The introduction simply introduces the background and meaning of topic,the present situation of the research of the main body of after-legislation Evaluation inorder to make a base of the discussion below. And it also introduces the author’sresearch thought and methods: trying taking the traditional literature research andcomparative study of law and empirical research and across the subject researchmethods. Besides the introduction, the main body of the thesis is composed of the four parts below:Chapter One: Author introduces the general theory of the pattern of main body ofafter-legislation evaluation. The first section mainly begins from the semantics andjurisprudence to definite the pattern of main body of after-legislation evaluation.Relating the theory of the main body and the forming of the main body ofafter-legislation evaluation, the author takes the pattern of main body as fourcategories. The second section begins from the fixed position of the after-legislationevaluation, the qualification, the ability, constitute of the main body of evaluation todiscuss the factors which affect the establishment of the main body of after-legislationevaluation. At last, the thesis comes to a conclusion that the pattern of main body ofafter-legislation evaluation should be different when the object of the evaluation isdifferent.Chapter Two: Author use the method of compare to introduce the difference ofthe pattern of main body of after-legislation evaluation in China and abroad. In thefirst section, the author introduce the transition and features of it in England, German,Japan, America and Korea. The second section uses the tables to analysis theevaluation practices of municipal people’s congress, summing up some features. Thethird section tries to compare the causes, protection system, practice experience, thepattern of main body of the China and abroad, summing up some insufficiencycompared with the foreign countries.Chapter Three: Author analysis the merits and the insufficiency of differentpattern of main body. The second section self-exam the insufficiency above and triesto construct the perfecting the guarantee system of public participation and theindividual position of the third evaluation part to make up for the insufficiency above.The third section raises some imagination of perfecting the insufficiency: trying toconstruct “the best” pattern of main body of after-legislation evaluation, including thenew diversifiable pattern of main body of after-legislation evaluation and temporaryevaluation meeting pattern.Chapter FOUR: Author tries to research how to construct two “the best” patternof main body of after-legislation evaluation and how to realize in the practice. Get across cultivating the Chinese individual third-part evaluation department, expandingthe scope of the “benefit related man” and broadening the ways and effects of publicparticipation to give system terms for construct the new diversifiable pattern of mainbody of after-legislation evaluation. Get across uniting the contents and standard ofthe after-legislation evaluation, establishing the principle of organization of thetemporary evaluation meeting to give legal basis for the construction ofAfter-legislation Evaluation. Besides these, it also needs some concrete operationrules.