Study On The After-legislation Evaluation Of Local Regulations In China

Reform and opening up, China adherence to the guiding principles that "There must be laws to go by, the laws must be observed and strictly enforced, and law-breakers must be prosecuted."and started a wide range of legislative work.However, with the developing of socialist nomocracy and in this particular field of legislation,the focus of China’s legislative wok has been changed from "quantitative legislation"to "quality-oriented legislation".Throughout the legislative process, is an essential stage to improve the quality of legislation. After-legislative assessment refers to laws and regulations implemented for some time, the legislature or the authorities to evaluation of laws and regulations, and then combined with evaluation reports, on the basis of modify, legislation, repeal and improve legislative quality and legislative technique, enhance the timeliness, coordination, targeted of laws and regulations. The content of is very board, and this article mainly studies the system of after-legislation assessment mechanism, ask questions, analyze problems and propose appropriate sound advice.Study on the after-legislation assessment began to rise in the early 2000s. In 2004, the State Council issued the "Enforcement Outline of Completely Advancing Administration according to Law", (the following referred to as "Program")to make provision of after-legislative assessment for the first time. "Outline" Article XVIII,establish and improve the system of administrative regulations and regulation’s modify, repeal and clean. In 2008, the "Guidelines on after administrative regulations legislative evaluation," the discussion paper on the scope of the assessment of local legislation and regulations made provision. Subsequently, a number of provincial and municipal governments in the form of normative documents on the content of legislation and regulations place after the assessment has been stipulated.In recent years, after-legislative assessment of local regulations in effect and, although there has been some experience, but the overall point of view is not mature enough. Currently, study on the after-legislative evaluation of local regulations in China both in theory and in operation are relatively weak, especially on the evaluation of object, standards, methods, and so have their advocates, there is no unified system model. Therefore, it is necessary to establish a good after-legislative evaluation system of local regulations.This article from the definition of local regulations after the legislation assessments, analyzes the theoretical basis of their generation, and the current situation in our country, from the evaluation subject, object, standards, methods and procedures for these five areas, the author put forward his suggestions to improve after the Legislative Evaluation mechanism of local regulations.