Study On The Main Body Of Post-Evaluation Of Administrative Legislation

The quality of administrative legislation directly affects the implementation of administrative regulations and effectiveness of the state administrative management. With the changing of times and situations, some administrative regulations fail to adapt to or even obstruct the economic and social development which indirectly and potentially impairs the authority of administrative regulations. Proved by the practical experience, post-evaluation of administrative legislation is extremely effective in checking the running effectiveness of administrative legislation and improving the quality of administrative legislation, as its purpose is to discover any existing deficiencies via evaluation, make just and objective assessments and propose specific solutions and advices so as to provide references for the modification and abolishment of the administrative regulations. The key to the success of evaluation lies in the evaluation on the main body. However, whoever are the evaluation done affects to a great extent whether the associated evaluation criteria, methods and procedures can function well and the evaluation results is reliable and objective. Therefore, a system study on the evaluation main body becomes very necessary which can lay sound and firm foundation for the post-evaluation system of administrative regulations.After ten years’ exploration, some local governments have issued some normative documents regarding the post-evaluation of administrative legislation which in return boost its development. However, undeniably some issues have exposed increasingly. In terms of the evaluation main body, the main body is single; citizen has never become the main body in essence; participation of experts in evaluation lacks of the security in system; challenge is encountered in collecting data of evaluation main body. Cause of above problems is to a great extent related to the late initial starting and incomplete auxiliary systems such as information disclosure system, public involvement system and supervision system and so forth. In comparison, other nations like USA, UK, South of Korea and Japan have launched the post-evaluation administrative legislation very early and unified nation-wide applicable law has also been enforced to guide the evaluation; besides, efforts have been made by the government to enhance its development, strengthen training on appraisers and attach importance to the participation of external evaluation body, all of which are worthy of our learning.This thesis aims at the deep analysis of issues existed in the main body of post-evaluation of administrative regulations by selecting the post-evaluation administrative regulations practices in both the central-government and local-government levels as the blueprints. On basis of academic research results and over-seas practical experience, primary assumption is proposed to improve the post-evaluation of administrative legislation.