Research On The System Of Ex Post Evaluation Of Local Government Regulations

In recent years, local government regulations develop very quickly, the quantity has become so large in a rapid speed. Over the years, the government of Hefei City also attaches great importance to local government regulations in the administration by law and the construction of the government by law. It not only pay attention to increasing the number of regulations, but also in improving the quality of regulations. They have fruitful exploration for this issue, including establishing a system for the ex post evaluation of local government regulations. This system was established for the needs of practice, then carry on improvement in practice. All of this promote the legislation work of local administration regulations forward. The Provisional Regulations on the Evaluation of Administrative Regulations of Hefei City, which was enacted in 2006, cannot meet the practice needs of evaluation work now. Some provisions has been significantly behind, the system design also have many gaps. It is a necessary measure to promote the construction of the government by law, which mainly include designing a good system for the evaluation work from the top on the basis of empirical research. It will certainly make the whole evaluation work conform the requirements of scientific legislation and administrative by law.The first part of this thesis starts from the theoretical analysis of the ex post evaluation of local government regulations. Then introduce the basic profile of the evaluation system and the causes of the system. The main reason is the local government regulations produced their own lack, such as vulnerable to the adverse effects of the expansion of executive power, easy to lose touch with reality, and so on. Then explain the theoretical basis of the ex post evaluation of local government regulations from the perspective of administrative law study. The ex post evaluation of local government regulations is an action of the executive body of self-regulation, meets the requirement of government by law, fits the principle of scientific legislation. Last of this part review the function of the evaluation system, including improving the quality of legislation, expand citizens’ participation in legislation, raising public awareness of law and supervising law enforcement.The second part describes some examples of the ex post evaluation of local government regulations-the evaluation of Hefei Dashushan Scenic Area Regulations and so on. It mainly describes as five aspects:the selection of evaluation object, the contents of the evaluation, the composition evaluation working group, the use of evaluation methods, the evaluation process and the conclusions of the evaluation.The third part is analysis of the example in the second part. In the system basic aspect, The Provisional Regulations on the Evaluation of Administrative Regulations of Hefei City urgently need to improve. In evaluation body system there are some problems, such as actual operation does not match the law, and unclear status difference between the legal institutions of city government and regulations implementing agencies. In addition, there is also problem of simplifying the evaluation standards and the lack of completeness of the standards. Use of evaluation methods are not rich enough, lack quantitative analysis methods. The evaluation process is not precise enough, the executive discretion is too large.The forth part is the focus of this thesis. It describe the improve path of the ex post evaluation of local government regulations of Hefei City in accordance with the principles of evaluation theory. It propose system solutions in five aspects: legislation mode of the evaluation system, evaluation agencies, evaluation criteria, evaluation methods, and evaluation procedures. The legal institutions of city government and regulations implementing departments should be the evaluation agencies together. Evaluation criteria can be divided into three part:regulation text evaluation, regulation implementation process evaluation, and regulation performance evaluation. Furthermore, the methods should be rich as possible, and qualitative and quantitative approaches should be both fully used. In the case of general lack of attention to the quantitative approach, the system should be a means to enhance their applications. In the evaluation procedures, according to the chronological, should be starting procedures, implementation procedures and termination procedures.