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On The Construction Of Post-Legislative Evaluation Mechanism In China

Posted on:2020-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q K WangFull Text:PDF
GTID:2416330575464010Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Post-legislative assessment is a common phenomenon in local legislative work.China's post-legislation evaluation mechanism has taken shape,but the post-legislative assessment at the central level is in a state of lack.This is not conducive to the positive interaction between the central and local legislation.Leading to the tendency of local interest protectionism,focusing on the improvement of the basic rules system and the establishment of the safeguard mechanism,studying the mechanism construction of post-legislative evaluation in China,assessing the outstanding problems in the specific implementation process after facing local legislation,and striving to build the central and local The post-legislative evaluation mechanism is the starting point and focus of the article.The status quo of post-legislative evaluation in China is based on the preliminary exploration of the post-legislation evaluation mechanism in China,combined with the emergence and development of post-legislation assessment,and puts forward the issue of post-evaluation evaluation in China.It points out that the post-local legislative evaluation mechanism is in the rule system and guarantee.Insufficient mechanism,put forward the central legislation to assess the lack of integrity of the rules system and the guarantee mechanism and analyze the reasons for the combination of the legislative system in China,and then analyze the problem of the lack of a unified higher-level post-legislative evaluation mechanism.The value of the rule of law in the post-legislative evaluation mechanism is elaborated.The theoretical analysis of the post-legislative evaluation mechanism starts from the post-legislative evaluation and the interpretation of the mechanism.It analyzes the difficulties in the construction of the post-legislative evaluation mechanism in China.It points out that the existing post-legislative evaluation in China is based on the establishment of the rights subject,the selection of the evaluation object,the improvement of the evaluation method system,and the evaluation criteria.Applying and assessing the difficulties and tackling points of the starting conditions,combining the practice outside the domain,comparing the relevant practices of the United States,the European Union,and the United Kingdom,providing an extraterritorial perspective for dealing with the difficulties of the post-legislative evaluation mechanism in China,and the overall system design and evaluation method for foreign evaluation.The system and evaluation standards have long-term development and are worth learning from.This paper advocates the construction of China's post-legislative evaluation mechanism with the rule system and guarantee mechanism as the main body.Perfecting the rule system of post-legislative evaluation in China is an important aspect of constructing post-legislative evaluation mechanism in China.According to the theoretical analysis of the post-legislative evaluation mechanism,it is recommended to optimize the allocation of the post-legislative evaluation subject rights.The evaluation subject includes decision-making body and implementation.Subjects,participants,etc.,introduce third-party evaluation,guarantee the objectivity of evaluation is an important consideration of rights allocation,and improve the extensive selection of evaluation objects after legislation,in order to cope with the lack of effective evaluation after the legislation,the evaluation object is evaluative The evaluation and the selection of specific targets,it is necessary to enhance its extensiveness and representativeness;the improvement of the post-legislative evaluation process starts with the reform process design,enhances the efficiency of the procedure and maintains its stability,while focusing on promoting democracy;In China,there is a lack of theory and tools,and the perfection of method theory and the enrichment of method libraries are the focus of evaluation methods.Establishing a safeguard system for post-legislative evaluation in China,focusing on the strong guarantee of the supervision mechanism,the uniform application of the evaluation criteria,and the deeper investigation of the effectiveness,the internal supervision and the external supervision are in parallel,and the effectiveness is the focus of the supervision mechanism,stabilizing the appropriate evaluation criteria.And the scientific classification and classification is the difficulty in the establishment of evaluation criteria;the effectiveness of the investigation focuses on the formal requirements of the assessment report and the response mechanism of the evaluation results.
Keywords/Search Tags:Post-legislative assessment, mechanism, rule of law, legal effectiveness, guarantee
PDF Full Text Request
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