Study On The Procedure Regulation Of Local Post-legislative Evaluation

According to the latest amendment to the constitution and the legislative law amended in 2015,the scope of local legislation in China has been extended to all cities with districts,and local legislation has developed rapidly and the number of local legislation has increased sharply.In order to improve the quality of local legislation,promote good laws and good governance,and promote the implementation of local laws and regulations,post-legislative evaluation has also gradually developed in the past two decades.As the leading organ,the power organs with legislative power and executive power in various regions have conducted post-legislative evaluation of some local laws and regulations,mainly taking the legitimacy,rationality and operability of laws and regulations as the evaluation contents.Many local people’s congresses and governments at the provincial and municipal levels have also formulated post-legislative evaluation methods,and the post-legislative evaluation work has been fully developed in both practice and theory.After a comprehensive review of the practice and theoretical research of local post-legislative evaluation,combined with the experience of participating in the post-legislative evaluation of local regulations,it is found that the post-legislative evaluation is not as perfect as it seems,and there are still some problems affecting the evaluation effect.In the process of post-legislation evaluation,the phenomenon that local authority has a dominant position is widespread.In the whole process from the selection of evaluation objects to the submission of evaluation reports,there are problems that violate the concept of due process and lack of norms for post-legislative evaluation procedures.There is arbitrariness in the selection of evaluation objects,low degree of public participation in the evaluation process,and insufficient information disclosure in the evaluation process.The existence of these problems not only affects the effective development of the evaluation work,but also makes it difficult to form the effective supervision of the post-legislative evaluation work.Based on the legal theory of due process of law,this paper defines the meaning of the procedure from two aspects: the necessity and the implementation principle of the procedure.The value orientation of due process should be adhered to in the evaluation procedure after local legislation.In order to improve the effectiveness of post-legislative evaluation,due process principles such as procedural openness and public participation should be fully considered in the whole process of post-legislative evaluation.On this basis,some links in the process of post-legislative evaluation should be regulated.The application of due process in evaluation should be standardized,effective information disclosure should be carried out in the development of evaluation process,and periodic post-legislative evaluation mechanism should be constructed to increase the depth and breadth of public participation.The procedure of local post-legislative evaluation should be regulated to avoid going through the formality of post-legislative evaluation.