A Study On After-evaluation Of Local Legislation In China

With the completion of the socialist legal system with Chinese characteristics,China has entered the "Post-legislation" era.Therefore,local legislature subjects slowed down the pace of legislation and turned to the exploration of the methods which could improve the quality of legislation.After-evaluation of legislation has been proved to be effective.After-evaluation of local legislation is serious and requires strictly for evaluation principles,subject,object,criteria,methods and procedure.Although there have been some experience and theoretical achievements,the scholars fails to reach consensus in many aspects.Therefore,it is of great importance to further study the after-evaluation of local legislation,improving the quality and effectiveness of legislation in China.Based on the bedrock of the after-evaluation of legislation,which have been promoted by local People's Congresses and local government,the study will focus on the scientific construction of the evaluation system in China.The background of the study,an overview of the relevant study and the methodology of the study in Introduction will give a summary to the system of after-evaluation of local legislation,and the study will be illustrated at length with the following parts.The first part will expound the relevant theories.Firstly,it will give a comparative analysis to some relevant concepts defined by scholars in order to conceptualize a general idea.Secondly,it is going to compare the after-evaluation of legislation to current laws and regulations.Then,this part will summarize the characteristics of after-evaluation of legislation based on the analysis of the foregoing.Lastly,the study will discuss the functions of the evaluation system to clarify its prominence.The second part will illustrate the basis for the evaluation system after the establishment of local legislation in China.First,the study will give an overall view of the theoretical basis,including the limitation of the statute laws,the actual effects of legal system and the analysis of the legislative progress.Then,it will demand the support from legislative decisions,law enforcement and legislative supervision.Last,it aims to analyze the legal basis from national perspective and local perspective based on the relevant laws and regulations.The third part is the structure of after-evaluation of local legislation in China.This part mainly analyzes the relevant regulations issued by provinces and cities.It combines with relevant theoretical results and local practice,so as to summarize the experiences and look for the deficiencies through the discussion of evaluation principles,subject,object,criteria and procedure.The fourfth part is the investigation to after-evaluation of local legislation in China.It takes the practice of Gansu and Suzhou as two examples and makes an investigation of the execution of the evaluation system,aiming to find out the problems that exist mutually through the discussion of evaluation principles,subject,object,criteria and procedure.The last part is the improvement of the after-evaluation of local legislation in China.Based on the foregoing analysis,this part will put forward several corresponding methods to deal with the deficiency of united evaluation criteria,the deficiency of a scientific evaluation procedure and the deficiency of a diversified evaluation subject.