Research On Post-Legislation Evaluation System Of Local Government Regulations In China

As an important part of China's local administrative legislation,local government regulations have a wide range of fields,have a direct impact on public life,and have a large number of laws and regulations.They play a significant role in local administration.Although local governments at all levels in China have carried out extensive record review and cleanup of local government regulations,the problems of unfeasible and unreasonable regulations are not uncommon,and there is still a gap between the actual and expected effects of implementing regulations.With the full progress of China's administration according to law,it is urgent to further standardize local government regulations.In the existence cycle of local government regulations,the key links for controlling,assessing and managing them probably include the following five categories: project evaluation(pre-assessment),evaluation of the development process,review of record filing,post-legislative evaluation,and clearing of regulations.The evaluation system is a yardstick to test the quality and implementation effect of local government regulations and legislation,and assumes the responsibility of improving local legislation.In the past two decades,the current post-legislative evaluation system of local government regulations has measured the effects of the implementation of many regulations,providing important references and basis for its abolition,but also exposed some problems.In this article,by exploring the elements of the post-regulation evaluation system and drawing on the experience of similar systems outside the territory,I try to propose suggestions for improving our post-regulation evaluation system:First of all,this article explains the basic concepts and related concepts of the post-legislative evaluation of local government regulations,identifies the similarities and differences of the above five regulatory assessment links,and focuses on the value of post-legislative evaluation.Second,analyze the status quo of post-legislative evaluation,including the current status of institutional norms and the practice of post-evaluation activities,and summarize the main problems of the current post-evaluation system,such as the limited enthusiasm of post-evaluation activities,The single evaluation body,lack of public participation,evaluation standards are not clear and unified,and so on.The causes of these problems can be attributed to two aspects: the lack of system construction and theoretical research.Third,investigate and draw on the impact assessment system of foreign administrative regulations,and summarize the enlightenment to our country: we should establish a comprehensive post-legislative assessment system of local government regulations,complete the construction of the assessment organization,and clarify the post-assessment period in conjunction with the "sunset clause" After the local regulations,the evaluation activities are normalized,new technology tools are introduced—big data technology,and standardized use and other institutional elements.Finally,in view of the shortcomings of the existing theoretical research on post-legislative evaluation theory,based on the four lessons learned from the impact evaluation system after extraterritorial administrative regulation,combined with the status of post-assessment practice activities,the post-assessment subject,evaluation criteria,evaluation methods,and evaluation procedures In four aspects,the idea of improving the post-regulation evaluation system is proposed.The research object of this article is the post-legislative evaluation system of local government regulations in our country.Since it is a "system",it should be a series of theoretical and normative frameworks in a systematic way.This article describes five aspects of the post-assessment system: a comprehensive legal system,an efficient organization,an organic combination of "sunset clauses" and post-regulation assessment activities,the application of big data technology,and an optimized and perfect assessment theory.The author strives to clarify and expand to the "system" level in these five aspects.