Research On Post-evaluation Of Local Legislation In China

With the perfection of the socialist legal system with Chinese characteristics,China has gone from “quantity-type legislation” to “quality-type legislation”,no matter the national or local legislation no longer pursues the quantity of legislation,but pays attention to the quality of legislation.The quality of legislation is the lifeline of legislative work.The Legislative Law as amended in 2015 and the Constitution as amended in 2018 have expanded the power of local legislation.The quantity of local legislation has increased rapidly,and the quality of local legislation has greatly affected the overall level of the rule of law in China.How to guarantee the quality of local legislation has become the focus issue at present.As an effective way to improve the quality of legislation,the post-evaluation of local legislation should give full play to its role.The post-evaluation of local legislation is a serious and effective way to guide the follow-up local scientifically with advanced legislation ideas.It detects all-round evaluation indexes such as legitimacy,rationality,maneuverability,effectiveness and characteristics of local legislation,finds loopholes in local legislation in time.The first chapter of this paper briefly discusses the research background and significance of the post-evaluation of local legislation and briefly summarizes the current status of postlegislative assessment research at home and abroad.The second chapter of this article analyzes the connections and differences between local post-legislative evaluation and pre-legal evaluation,local legislation clean-up,local legislative supervision,and People’s Congress Law Enforcement Inspection based on jurisprudence and legislative theory.And it clarifies the conception of the post-evaluation of local legislation.Although different scholars have different understandings of post-evaluation of local legislation,their positive role has been unanimously recognized,and the need for post-evaluation of local legislation has been explained accordingly.The third chapter starts with appraisal procedures for post-evaluation of local legislation,and makes a detailed study of the post-evaluation system of the local legislation from the aspects of the selection of the evaluation subject,the collection of the evaluation information,the determination of the evaluation index,the formation and processing of the evaluation result and the response of the evaluation report.Since our country’s postlegislative evaluation is later than that of western countries,the post-legislative evaluation system is not perfect,and there are many problems in the process of evaluation,the fourth chapter analyzes the problems existing in the post-legislative evaluation system of our country,The main manifestations are as follows: the local post-legislative assessment legal system is incomplete and lacks unified legislation at the provincial level;the evaluation startup mechanism is random,and a standardized and normalized startup mechanism has not yet been established;the evaluation body is single and still dominated by state organs;the evaluation results lack a timely and effective response mechanism,and the evaluation report has a low utilization rate.In the fifth chapter,corresponding measures and suggestions are put forward: to call for unified legislation at the provincial level;to draw lessons from the "sunset clause" and standardize the start-up of the post-evaluation of local legislation,so as to make it regular and scientific;to refine the evaluation indexes and take into account the scientificity,to highlight the local characteristics;to build a pluralistic evaluation subject,especially to strengthen the construction of the third party evaluation mechanism;to standardize the writing of the evaluation report and improve the utilization rate of the evaluation report,and the most important thing is to strengthen the supervision of the response mechanism of the evaluation results,so as to further improve the post-evaluation of the local legislation in various aspects.