On The Post-assessment System Of Local Legislation In China

The post-assessment system of local legislation is a post legislation evaluation system, which is valued by most of the countries in the world. Legislation after the assessment work is one of the effective means to improve the quality of legislation. Our post legislation evaluation system started relatively late, although provinces have highlighted local post legislation evaluation as a key content of the work. Our local post legislation evaluation system still needs to be further improved. The author of this article draws lessons from a foreign local legislative evaluation system of advanced theory from the fact, analysis our country local post legislation evaluation system in-depth in order to solve the local legislative evaluation problems.This paper is divided into three parts. The first part is mainly to introduce and analyze the local post legislation evaluation system theory. This paper states the concept, types, forming factors and functions in detail, which lays the foundation for later discussion. The author thinks that the evaluation after legislation and legislation, legislation assessment constitute the whole process of legislative evaluation, the evaluation after legislation is an aspect of the legislation assessment system. The local legislation of post evaluation system elements mainly includes the evaluation subject, evaluation target, evaluation method and evaluation procedure. Evaluation of the main identifying, evaluation objective selection, assessment method affects the accuracy and objectivity of evaluation results. The local post legislation evaluation system can effectively improve the local legislative democracy, scientific and effective, then it can improve the quality of local legislation.The second part mainly tells us the problem of our country current local evaluation after legislation system. The legislation after the assessment work starts from2000, being popular. First of all, our local assessment after legislation related regulations are not perfect, the evaluation after legislation requirements in terms of less and less; secondly, the appraisal main body is too single, most area is lead by the provincial people’s Congress Standing Committee or NPC legislative committee leadership to organize other relevant departments to carry out legislation after the assessment work; once more, the public participation in local legislation is not enough, the work enthusiasm greatly impact on democracy of the results of the assessment after legislation. In our current legislation after the assessment work, public participation basically reflects on the assessment of information collection level. Finally, evaluation standard is not unified. We should absorb the views of all parties, as soon as possible to establish a set of scientific, comprehensive, unified evaluation standard to improve the effect of local legislative evaluation.The third part is mainly base on the problems mentioned in the second part, from the angle of combining theory with practice, proposing solutions and recommendations for improvement. The third part is divided into two sections, in the first section the author discusses the foreign legislation assessment system and its implications. The legislative evaluation system in foreign countries has developed over the past twenty or thirty years. Western countries have legislated assessment systems into the legislative branch. In recent years, some countries have realized the integration of the legislative evaluation system integration, The legislation before the assessment, assessment after legislation, legislative evaluation together, which effectively improve the efficiency of the legislation assessment work, improve the universal of the legislative evaluation. In addition, in the west, some legislation assessment systems are relatively mature, and also have the standardization legislation evaluation system. The law about legislative evaluation system is clear and specific, thereby making it more convenient for the analysis and evaluation to the legal laws and regulations system design rationality, legitimacy, operability and targeted analysis. Thirdly, many countries have set up special legislative evaluation mechanism. Specialized legal assessment agencies usually have certain legislation assessment work of professional and practical experience, at the same time, because the identity of neutrality, which often can guarantee the objective and accurate assessment of the results.The second section of the third chapter is based on the ideas of the foreign advanced legislation assessment system and on the analysis of domestic actual situation, the local post legislation evaluation system of our country is putting forward some perfect suggestions:the first, the diversification and specialization of local legislative evaluation. The author thinks, in China, to establish a dedicated local legislation assessment mechanism is helpful to improve the results of the assessment of the rigorous and scientific, can fully meet the aspirations of the masses. In our country, the establishment of specialized local legislation valuation institutions should have the following characteristics: first, the specialized local legislation assessment institutions should belong to the government, not the ordinary social groups. Secondly, the identity of local legislation assessment institutions must be neutral, can organize and implement the legislation assessment work in independence. Again, local legislative evaluation institutions need to set up a special assessment information construction department. Finally, the local legislation assessment agencies must have the basis of theoretical knowledge of legislation assessment and be familiar with the method and technology professionals of legislation assessment, to the laws and regulations of lawful sex, maneuverability, the effectiveness and validity to make accurate, professional judgment; second, the standardization of post legislation evaluation. In this part, the author states how to standardize the evaluation after legislation procedure through local evaluation after legislation work started, local legislative evaluation information acquisition and integration, local legislative evaluation results of the use in several aspects; Thirdly, the scientific standard of local post legislation evaluation. The author thinks that we should uphold the principle of fair and objective, establish justice standard, to the evaluation content analysis should also be more systematic, with local characteristics evaluation criteria can also improve the regulations or rules and flexibility; Fourthly, the use of the assessment result after the local legislation. In the final stage of place of evaluation after legislation work, the relevant departments shall timely according to the appraisal report on legislation assessment work responding, mainly for the legislature to relevant departments and the public reaction to the laws and regulations of the existing problems and social needs to make a positive response and feedback, and timely initiation of laws and regulations for the formulation, revision and abolition of the program; Fifthly, the integration of local legislation assessment program. Local legislation assessment not only refers to the local legislative evaluation, also includes local legislation and local legislation in the assessment of preoperative evaluation. The local legislation, legislation before the assessment work with local assessment after legislation is a very important bedding, three proceedings in the legislative evaluation are indispensable. Combination of the three can make the local legislation assessment system give full support to its functions and guarantee the quality of legislation.