Study On The After-legislation Evaluation Of Administrative Rules In China

In recent years, with the developing of socialist nomocracy, the focus of China’slegislative work has been changed from "quantitative legislation" to "quality-orientedlegislation",which requires that we should pay attention to reflect the current law andmodify it depending on the circumstances of the implementation of law. Byevaluating regulations, we can found the problems of law. Then, we can put forwardsome advice and promote the quality of legislation, to make sure that laws andregulations meet the needs of development of modern social and economic which willensure the effective implementation of good laws. The content of after-legislationevaluation is very broad, including: legal, administrative regulations, local regulations,autonomous regulations and separate regulations, the state council administrativerules and local government regulations, etc. This article is mainly focus on theafter-legislation evaluation of administrative rules in China.The after-legislation evaluation of administrative rules in China started in theearly2000s. In2004, the State Council issued the "Implementation Outline forComprehensively Promoting Administration According to Law", which made anregulation that once the rules have being implemented, the enacting agencies andimplementing agencies should regularly evaluate the rules. Implementing agencyshall report the assessment to the enacting agencies. The enacting agencies shouldregularly clean up the regulations and documents. Subsequently, Shanghai,Guangdong, Gansu and other places had carried out the after-legislation evaluationactivities of administrative rules, such as: in2005, the Legislative Affairs Office ofHangzhou and Hangzhou Environmental Protection Agency carried out the firstafter-legislation evaluation of administrative rules; in2006, the State CouncilLegislative Affairs Office conducted a pilot about the after-legislation evaluationactivities, including12administrative regulations, two systems and a localgovernment regulations. Some provinces also made some administrative rules inorder to promote the legislation and standardization of after-legislation evaluation,like Guangdong Province issued "The Regulations of After-legislation Evaluation of Guangdong Provincial Government Regulations ", which formulated the evaluationscope, methods, procedures and the application of evaluation results.However, the history of after-legislation evaluation of administrative rules inChina is short. Theoretical and practical experience are still insufficient. There is nounified systems and still exists inadequate experience about evaluation subject,evaluation methods, evaluation procedures and the application of evaluation resultsand other aspects. Therefore, it is necessary to build a rational and effective system ofafter-legislation evaluation of administrative rules.This paper describes the concept of after-legislation evaluation of administrativerules, analysis the theoretical basis and practical significance of after-legislationevaluation of administrative rules. Moreover, this paper analysis the problem ofafter-legislation evaluation of administrative rules and try to build the system ofafter-legislation evaluation of administrative rules, which includes the evaluationsubject, evaluation methods, evaluation standards, evaluation procedures and theapplication of evaluation results.