Study On After-Legislation Evaluation Of Regulations Of Hunan Province Administrative Procedures

Evaluation of after legislation in our country started late and there is no unified evaluation standard or mode. Nevertheless, it is as the best way for testing the effectiveness of laws and regulations after legislation, which is widely used in the fields of academia and administrative legislation. Researches on after-legislation evaluation in mainland China are mainly focused on the substantive laws, and the after-legislation studies on procedural laws are relatively few, Regulations of Hunan Province Administrative Procedures is as the first local government regulation of administrative procedures in China enacted for 7 years since 2008, and its issue and implementation have the significance of reference to each level government’s administrative procedure legislation and the China’s nation administrative procedure legislation. Anyhow, after-evaluation research on the legislation is innovative.Regulations of Hunan Province Administrative Procedures is the legal standard of specification of Hunan province administrative activity. Through the "control", the rights and obligations of administrative subjects to regulation, give prominence to the administrative relative person to participate in the activities of the administrative rights in the design, for the standardization of the administrative behavior, democratization, transparent curing system. As local administrative procedure legislation, the legitimacy and rationality, and legislative technology after the operability and other major legislation assessment indicators have reached a certain height, but there are also some shortcomings and problems. Mainly reflects in: with host law conflicts between the legitimacy, reasonableness, some terms; Legislative technology assessment, the frame structure of logic setting is not reasonable, on the whole there are bugs and imperfect, such as the supervision measures are not perfect, the responsibility shall be investigated for the design of the unbalance, etc., these problems may eventually cause "Hunan province administrative procedures" in the implementation and legislative intent, and short of legislative effect.Through the analyses of problems found from Regulations of Hunan Province Administrative Procedures, its innovation and breakthrough are positive with respects, and its defects and other problems need to compensate its legitimacy and rationality by the supports from the administrative legislation’s top design. By introducing the third party supervision system’s supportive measures, it solves the problem of the realization of legislative intent. By other improvements of administrative procedure system, it compensates the problem of its low operability and so on. And based on the issues from above, this paper explicates the enlightenment and significance of China’s administrative procedure legislation.