The Applicable Scope Of Legislative Cost-Benefit Analysis Method

Laws and regulations are the source of power for government regulation, and qualities of laws and regulations directly determine the effectiveness of government regulation, introduce legislative cost-benefit analysis institution with scientific can effectively improve the quality of regulations and laws. But many inherent defects gradually revealed as this institution applying, applicable unworkable and unnecessary appears in part of the legislative area. Theory and practice filed gradually began to pay attention to the scope of this method. Building the applicable scope of legislative cost-benefit analysis method has great significance, such as improve the quality of legislation, achieve the rational allocation of the legislative resources, and prove the legitimacy of the legislation. Therefore, building the applicable scope of legislative cost-benefit analysis method has great value of theoretical and practical.The Applicable Scope of legislative cost-benefit analysis method, which comes from policy evaluation assessment theory. The building standards including effectiveness, necessity and feasibility, which proposed mainly based on the policy evaluation and the experience from foreign legislative cost-benefit analysis. This method should be applied to meet certain conditions and indeed necessary legislation, and through the assessment can improve the quality of legislation, rational allocation of the legislative resources, improve the socialist legal system with Chinese characteristics.In the practice, the applicable scope of legislative cost-benefit analysis method first appears in Carter signed executive order 12044, "The Improvement of Government Regulation’’. The basic connotation is standardizing the cost-benefit analysis method applicable in the legislation. These methods mainly applied to the significant impact of regulation in economic, social, environmental and public interest, and avoid applying unworkable and unnecessary legislation. This method can better play its function and advantage in some fields such as defining the rights, distributive justice, measuring regulatory performance, balancing the interests of different stakeholders. At present. The United States, Canada, the European Union, OECD and other countries and organizations, have made a clear provision of the applicable scope in legislative cost-benefit analysis method, which including the central level of legislative and local practical experience. These countries or organizations mostly follow the United States "Significant regulatory action", which determine the applicable scope by different ways. While the European Union according political, economic, and social development of their member states. In our country, the practice of cost-benefit analysis from the legislative post-assessment, and the applicable scope mostly comes from the summary of local practice experience. Some provinces began to made institutional regulations of legislative cost-benefit analysis method, such as Hainan province, Shandong province and Guangdong province. It’s mainly applied to important legislative filed such as the highly concerned of people’s livelihood, social impact, and the legislative affect economic development.Building the applicable scope of legislative cost-benefit analysis method should be concerned multiple factors, including social life, public interests, evaluation cost, fairness and justice, resource allocation, and other factors. In this article, legislative process and the legal department of two dimensions to building the applicable scope. The legislative procedure and cost benefit analysis combining, which consists of three stages, pre-evaluation of legislation, incidental evaluation and legislative post-assessment, different stages for different range, strengthen legislative legitimacy. According to the influence of social relations, the legal department is divided into two dimensions:"quality" and "quantity", which using different analysis. Such as qualitative analysis, quantitative analysis and excluded application. Under the premise of these two dimensions, we also need to follow some reference amounts, resource allocation, fiscal expenditure, new problem emerged, etc s. Through the path of national and social linkage to build the applicable scope of legislative cost-benefit analysis method.At the end of this paper, building the applicable scope of legislative cost-benefit analysis method will from two ways:positive and negative. Positive scope mainly includes five aspects, major economic legislation, major social legislation; legislation needs to be amended due to economic and social changes, new legislative policy and the legislation of higher budget cost. The negative scope includes two aspects: absolute negation and relative negation. Absolute negation including:Legislation on state sovereignty, military legislation, legislation in personnel management, greater cost of assessment legislation, excludes the application by the state legislation. The relative negative scope includes procedural and executive legislation, social security legislation, and lower cost legislation. Explore the necessity and feasibility in theory and Practice, building the applicable scope of legislative cost-benefit analysis method in the institution, which is the research purpose of this article.