The Construction Of Response Mechanism For Pre-Legislative Evaluation Reports

The basic connotation of pre-legislative evaluation refers to the specific legislative organs,other government departments or entrusted organizations that predict and assess the feasibility,necessity,rationality,scientificity and social risks of legislation in accordance with standardized procedures and scientific methods during the deliberation phase of the draft law,so as to correct inappropriate laws and regulations in time.The Fourth Plenary Session of the 19 th Central Committee of the Communist Party of China calls for the gradual modernization of the country’s governance capability and system.To comprehensively promote the rule of law is the legal guarantee for the modernization of the country’s governance capability and system.The establishment of the pre-legislative evaluation system is an important measure to promote scientific and democratic legislation,while the construction of the response mechanism of the pre-legislative evaluation system is a key step to promote the effective operation of the pre-legislative evaluation system.Article 39 of the newly revised Legislation Law in 2015 tentatively proposes a pre-legislative evaluation system.As an important part of the pre-legislative evaluation system,the response mechanism of the pre-legislative evaluation report has an important impact on the whole legislative evaluation work.First of all,building a scientific response mechanism for evaluation reports is a procedural requirement for pre-legislative evaluation work.Secondly,the response mechanism can ensure the quality of legislation,fully reflect the opinions or suggestions of experts and scholars and the people,and enhance the scientific and democratic nature of the evaluation report.Finally,the response mechanism can effectively avoid legislative risks,clarify responsibilities and interests in the response phase,avoid the situation of mutual prevarication after the law is promulgated,and effectively reduce the negative impact of society.At present,China’s pre-legislative evaluation system is still at the stage of crossing the river by feeling the stones.There are some problems in the response mechanism of the pre-legislative evaluation report.First of all,there are many interests involved in the process of responding to the results of the pre-legislative evaluation.It is difficult to solve various contradictions and conflicts by relying solely on the power of the legislature.Secondly,in the process of responding to the evaluation report,the legislature’s response to the opinions of other agencies,organizations or individuals is unclear,inaccurate and incomplete.Finally,there is also a lack of corresponding procedural provisions and coercive force in the response procedure,which makes the legislature have no system guarantee on whether and how to respond.In view of the above problems,the author,based on the legislative practice in our country,puts forward some suggestions and countermeasures to construct the response mechanism of pre-legislative evaluation report: clearly define the response subject of evaluation report,creatively propose that the response subject should be divided into rights subject and obligations subject;Clearly grasp the response content of the evaluation report,and fully demonstrate and explain convincing reasons for the evaluation results to be fully affirmed,partially affirmed and completely denied;We will establish a standardized response procedure for evaluation reports,and standardize the response mechanism in terms of procedures through proposals,deliberation,voting and publication.In addition,it also includes the evaluation criteria of quantitative evaluation reports,the effectiveness of mandatory reference to pre-legislative evaluation reports,clear reward and punishment mechanisms and strengthening public participation to ensure the follow-up procedures.