The Construction Of The Pre-legislation Assessment Index System

The pre-legislation assessment is a comprehensive assessment about the necessity,legality,feasibility,and possible impact of the legislation before the legislative vote by the legislature,other organs and the third parties entrusted by it.The pre-legislation assessment is an important measure to improve the scientific and democratic legislation.It has a great significance to strengthen and improve the legislative work and improve the quality of legislation.Generally speaking,the pre-legislation assessment consists of six parts:the body of assessment,the object of assessment,the assessment index system,the assessment method,the assessment report and the response mechanism.Among them,the pre-legislation assessment index system has a very important position in the whole pre-legislation assessment.The pre-legislation assessment index system is the core of the pre-legislation assessment system.And it can measure the assessment activities and the assessment results which are scientific,or aren't scientific,and it is also an important basis to measure the pros and cons of legislative activities,and it has played the role of guidance and evaluation for the whole assessment activities.At present,some provinces and cities in China combined with the local pre-legislation assessment practice,preliminary established the local pre-legislation assessment index system.However,these assessment index systems lack of uniform standards in the design.Because law is a special kind of social norm,it covers all areas of social life.If using the same assessment index system to measure is obviously lack of scientific and reasonable.So it is need to construct such an assessment index system,which has uniform construction standards,and basically meets the require-ments of the assessment of laws and regulations,and which can also adjusts the weight of index by basing on specific laws and regulations,and basically meets the specific requirements of specific laws and regulations under the premise of not destroying the internal logical structure of the assessment index system.When constructing the pre-legislation assessment index system,it must consider all aspects of factors,from the necessity,legality,operability and possible effects of the assessment content,the coordination relationship between the assessment object and the relevant laws and regulations,and the particularity of the assessment's object to be established,to ensure the results of the assessment are scientific and effective.Based on the above considerations,the pre-legislation assessment index system is composed of six parts:the necessity index,the legality index,the coordination index,the operability index,the influence index and the typicality index.The necessity index is to consider whether the evaluation object is not necessary for legislation;the legality index is to consider whether the assessment's object is in compliance with legal requirements;the coordination index is considered to assessment the relationship between the object and the law with the rank method,the relevant normative legal documents and regulations;the operability index is to assess whether the object can actually operate;the influence index is to assess the impact of the implementation of the assessment's object;the typicality index is to assess the particularity of the assessment's object.The constructed pre-legislation assessment index system is conducive to the realization of the purpose of assessment,and is conducive to the smooth development of the assessment activities and scientific and accurate evaluation results,and is conducive to constituting high quality laws.