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Study Of The Evaluation System Of Our Country Legislation

Posted on:2014-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LiuFull Text:PDF
GTID:2246330395993247Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
With the widely used abroad and the implementation of performance evaluation,concepts and methods of performance evaluation have also begun to legislation in the fieldwere brought in to our country, and to the social practice. Legislation has a dynamic attribute,since countries are stressed to create the legislative process, change, waste the Trinity,however some ministries and local governments pay attention to quality, quantity becomestartlingly clear legislation orientation contempt legislation. With the number of legislation, asubstantial increase in the social change change rapidly, the quality of legislation had theproblem of short board can not be avoided, such as the legal system is not unified, may lead tocontradictory legislation system friction may cause legislation execution difficulties, as wellas the time lag of legislation may weaken authority etc.. It is due to the current legislationmechanism and system, in our country, laws and regulations do not meet the needs ofeconomic and social development of the phenomenon is relatively common, so producedbigger effect in some aspects of China’s legal authority and the implementation effect. Sincethe15th Party Congress is held, our legislative work focus gradually from the previous "batchlegislation" to "quality of law", especially after the sixteen big promotion to the quality oflegislation has become the legislative organs at all levels of the work requirements, but alsothe lawmakers consensus, this requirement seems to have become a principle of standard ofour country legislative work. Correctly handle the relationship between quality and quantityof the legislative work, to overcome the tendency of quantity, light quality, has become theimplementation of an important part of the scientific outlook on development. In order toconfirm the value of the law itself, we make analysis and evaluation on the legal quality, thus,system will emerge as the times require the assessment after legislation. In fact, since2000,some regions in China on the legislative assessment system has been more and more attentionto, for example, the Standing Committee of the people’s Congress of Beijing, Shanghai,Shandong, Jilin, Henan, Chongqing, Hainan, Fujian, Yunnan, Shenzhen and other cities on theformulation of local regulations as well as Anhui, Hebei, Hangzhou and other provincial andmunicipal governments to government regulations promulgated one after another havedeveloped or are developing after the evaluation of legislation. After2004, after the evaluation of legislation as the subject has appeared in thelegislative research field in China, East China politics and Law University doctoral tutorProfessor Ding Wei think: for a long time, the Chinese government legislative work lack of"mechanism of self correcting", after the evaluation of legislation is not only once againrevised legislation, is a legislative workers self anatomy, process improvement, this requireslegislators have courage and mind, dare to direct contradiction and can open the legislativework to examine. The mechanism of self correction, feature with the scientific, standardized,sooner or later will become rational, constrained administrative and detection of governmentlegislation legitimacy, safety valve Association and operable ".According to the evaluation of this special legislation, expounds in detail the concept,subject, object, content, current situation and based on the analysis of the present stagedomestic and foreign assessment after legislation and the insufficiency, proposed ownviewpoint, deficiencies, please enlighten!...
Keywords/Search Tags:evaluation principle of legislation, assessment subject, assessment principles, evaluation criteria, assessment methods, effectiveness of institutional
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