Research On Sunset Legislation

Sunset legislation is a kind of legislative activity that realizes the amendment and abolishment of law.In the United States,Britain,Germany and other foreign countries,it has already been applied in administrative law,anti-terrorism law,emergency legislation,where its effects such as prevention of legislative oversight,standardization of legal cleaning and prevention of legislative abuse are fully reflected.There are four aspects of the sunset legislation,including automatic termination,period termination,sunset evaluation and transitional provisions.But it should not be understood mechanically and literally as it is aimed at evaluating and improving rather than abolishing the existing laws.Sunset legislation has three theoretical foundations.Theory of balanced legislation reflects the balance of law,emphasizing the legal supply-demand balance.Information dependency theory of legislation indicates the limited rationality of the legislators in the legislative activities,and the sunset legislation can make up the legislative oversight caused by the lack of information.The idea of modesty in legislation implies that the legislation should be treated with caution and restraint,whose core meaning is to limit the legislative power and to avoid unnecessary interference in the legislation.In recent years,China has some sort of practice in sunset legislation.Particularly in 2015,the newly revised "People's Republic of China legislative law" regulates the clarity of the delegated legislation.However,some defects have emerged during the process as follows.Legislative field is not comprehensive.Legislative standards are not uniform,and legislative form is not completed.The pressure induced legislation,campaign style legal cleaning and expansive administrative legislation are three prominent problems China faces,while the sunset legislation can be regarded as the appropriate solution to them.To the construction of China's sunset legislation,the defects in past practice should be made up.More attempts can be made in area of public policy,tax and local legislation to broaden the application field.In the process of promoting the construction,we can gradually evolve from the design of sunset clause to the special section.If the construction can be further linked with the existing legislative evaluation and the recordation review,the mutual complement and supplement can be conducive to China.