Research On The Subject System Of Pre-Legislative Evaluation

The system of pre-legislative evaluation means that the legislature directly or entrusts other organs or departments with the adoption of draft laws before they are considered and voted on in accordance with certain procedures and standards.The necessity,legitimacy,feasibility,operability and possible social impact of legislation are evaluated in advance,and the result of the assessment is taken as an important reference system for legislative work.Establishing a pre-legislative evaluation system is a concrete measure to implement the report of the 19 th National Congress of the Communist Party of China on "promoting scientific legislation,democratic legislation,legal legislation,promoting development with good law,and ensuring good governance." It is a good job in law making and promote scientific and democratic legislation.As an important part of the pre-legislative evaluation system,the pre-legislative evaluation subject is an inevitable and clear-cut problem in the evaluation.The systematic study of the pre-legislative evaluation subject is a solid foundation for improving the pre-legislative evaluation system and conducive to the development of the pre-legislative evaluation system.At the same time,the pre-legislative evaluation work is a professional and complex work.The reasonable pre-legislative evaluation subject selection is of great significance for ensuring the quality of the evaluation report and improving the scientific nature of the legislation.At present,China's local pre-legislative evaluation subjects mainly include local people's congresses at various levels and their internal organizations,local governments at all levels and their functional management departments.Some provinces and municipalities actively explore and entrust third-party evaluation agencies to conduct evaluations,mainly universities and research institutes.At the same time,actively participate in the evaluation of the NPC deputies,CPPCC members,experts and scholars,the public,etc.However,due to the fact that the development of China's pre-legislative evaluation system is still in its infancy,there are still many shortcomings in the selection of evaluation subjects.From the theoretical research point of view,the academic community's understanding of the pre-legislative evaluation subject is not comprehensive.When discussing the subjects of pre-legislative evaluation,the connotation of the evaluation subjects has not been clearly defined.The decision-making subjects,the implementation subjects,and the participating subjects in the evaluation process have not yet clearly defined their utility.Judging from the practice of pre-legislative evaluation in various provinces and cities,the choice of pre-legislative evaluation subjects lacks a unified institutional norm.In practice,the evaluation subjects have different choices and different organizational forms.Some choose a single internal evaluation subjects to implement,and some choose to entrust a third-party evaluation subjects to implement.Most of the organizational forms use composite evaluation subjects,but there is also a single supervisor departments,single organizations to conduct evaluations,showing the characteristics of diversity.In view of the above problems in the evaluation of the subject system before the legislation,the author first defines the connotation of the pre-legislative evaluation and evaluation subjects,and explains the necessity of pre-legislation evaluation subject system construction.Secondly,based on the statistics of the different types of evaluation subjects in China,it summarizes several different evaluation subjects,and analyze the advantages and disadvantages of each subjects.Finally,based on the experience of US and EU in assessing the development of the main body,according to the national institutional system with Chinese characteristics,propose four suggestions for the pre-legislative evaluating subjects institutional construction to select: establishing the lead and oversight role of the legislature in pre-legislative assessments,general legislative projects are evaluated by the government and its functional management departments,and important legislative issues that are more controversial are introduced into third-party assessment agencies for evaluation,establish mechanisms for broad public participation in pre-legislative assessments.