On The Pre-assessment System Of The Local Legislation

The pre-assessment of local legislation is the analysis and assessment of the legislation draft before the introduction of it,including the expected effect and social influence after the implement of it,in order to ensure the necessity and legality of the content and scientificity and practicality of the main systems in the regulations and rules.Only with these assessment results can a scientific and rational legislation decision-making be done by the legislature.Negative factors influencing the quantity of the local legislation will be excluded completely through the pre-assessment so as to decrease the cost of the trail and error.This article suggests that the whole pre-assessment system of local legislation should include selection of the subject of the assessment,object of the assessment,assessment content,assessment method and establishment of the response mechanism.Now there are not systematic and integrated discourses on the pre-assessment system of local legislation in both theoretical study and legislative practice in China.Only a few scholars have a research on the problems of the pre-assessment of local legislation.This article analyzes systematically the relevant theories and practical situation of the local legislation.The connotation of law will be expounded from the perspective of actual demand and operability of the local legislation,learning from the appraisal theory of the public policy,pre-assessment system of local legislation abroad and post-assessment system of local legislation at home.A comparatively perfect system on the pre-assessment of local legislation will be constructed.Some reasonable advice will be given on the practical development of the pre-assessment system of the local legislation.This paper consists of three parts,about 3,5000 words.In the first part,the current situation and relevant definitions on the pre-assessment of the local legislation are explained.First of all,questions on the legislative quantities arise.The research status of the pre-assessment of the local legislation is introduced briefly from the viewpoint of the necessity and feasibility of the establishment of the pre-assessment system of the local legislation.Secondly,the scope of the local legislature,the scope of the local legislative procedure and run-up time of the pre-assessment system of the local legislation has been set based on the above relevant definitions.In the second part,there are four fractions.The selection of the subject of the assessment,object of the assessment,assessment content,assessment method are expounded integrally based on the legislative principle and practical need,learning from the relevant theories of the policy evaluation and experience of legislative assessment at home and abroad.This paper considers that the subject of the pre-assessment of local legislation should contain local legislature,relevant administrative departments,basic stuff,counterparts of the regulations and rules,experts,the public and the third-party appraisal agency as the independent subject.The evaluation object should be the important legislation and the local legislative projects,which are satisfied with the desirability and feasibility of the assessment.The assessment criteria contain necessity,legality,rationality,harmony,operability and local color.The specific service regulations and dos and don'ts based on the five assessment methods have been set at last.In the third part,the assessment results and the construction of the response mechanism have been discussed.The purpose of the study on the pre-assessment system of the local legislation is not the system itself but the modification and delay of the local legislative draft and the rational responses to the assessment subject.The significance of the response mechanism lies in the improvement of the benign interaction between the local legislature and the assessment subject.The scientific and rational system construction can enhance the quality of the local legislation.