Research On The Object Of Pre-legislative Evaluation

The socialist legal system of our country has been improved,and all kinds of industries have laws to follow.However,in the legislative practice,there are still laws that are not in harmony with the existing laws.The legal maneuverability is not strong and the timing of the issue is appropriate or not.In view of these problems,as an important measure to improve the quality of legislation,pre-legislative evaluation has been put on the agenda.Pre-legislative evaluation refers to the activities of evaluating the necessity,feasibility,operability and possible economic and social impact of legislative items and draft laws before the draft law is passed.The pre-legislative evaluation mainly includes the subject of assessment in terms of its constituent elements.Evaluation object,evaluation index system,evaluation method,evaluation report and evaluation response mechanism.Among them,the object of pre-legislative evaluation is which items and draft laws need to be evaluated.The object of pre-legislative evaluation plays an important role in legislative activities and is the key factor for the legislative project to enter the legislative process.For pre-legislative evaluation objects,relevant legislative activities have been carried out in China at present,but in these practical activities,the selection criteria of evaluation objects are not clear,and the effectiveness of public participation is not strong.The main reasons for these problems lie in the fact that the scholars' understanding of the object of pre-legislative evaluation is not good for the operation of legislative practice,and the existing system of pre-legislative evaluation object is not perfect.In order to solve the above problems,through the study of the provisions of the United States,Australia and the European Union on the target of pre legislative evaluation,this article perfected the system of our country's pre legislative evaluation object from two angles of selection criteria and public participation,that is,to judge whether the evaluation object should be evaluated according to the three criteria of evaluability,influence and benefit.The pre legislative assessment should be carried out to improve the public participation system in the selection process of the evaluation object from the subject and method of the public participation,thus improving the system of the pre legislative evaluation object in our country and ensuring the smooth progress of the legislation.