Research On The Sunset Clause From The Perspective Of Public Law

Sunset clause,i.e.a system or law that provides for periodic review of the reasons for the continued existence of a particular legal or administrative organ or other governmental function.The legislature will cease to exist unless it takes positive measures to recognize that existing legal,administrative or governmental functions remain in force until a specific date.The sunset clause is essentially a dynamic elimination mechanism that recognizes that legal or administrative organs or other government functions are "born to death ".As the famous statesman Thomas Jefferson put it : " No society can make a perpetual constitution,or even a perpetual law.The earth belongs always to the living generation." Any system is embedded in a broad and large social background,the social change represented by time is an important factor that affects the law,and even determines the "life and death" of the law.The sunset clause is precisely the concrete existence of the abstract concept of "time" in the law,which urges legislators to regularly examine whether a particular system has achieved its purpose and whether there is still a need to continue to exist.Sunset legislation is widely used in foreign countries and has sufficient theoretical research,but few scholars in the domestic academic field to study it.Although there are many systems in our legislation to borrow the connotation of sunset clause,but has not established a systematic sunset mechanism.Based on the practical needs of China,this paper attempts to trace back the sunset clause,explore the theoretical value and practical significance of sunset clause,and put forward the idea of constructing sunset mechanism in China:The first chapter combs the origin and development of sunset clause.In view of the insufficient research on the origin of sunset clause in our country,this chapter tries to find the trace of sunset idea from the ancient Greek and Roman times,and thinks that the ancient Roman "decree "," imperial decree" and the time limit stipulation in the emergency legislation together constitute the origin of sunset idea.Then through the analysis of the sunset clause in the early British parliamentary politics,it is concluded that the sunset clause in this stage has more and more possessed the elements and functions of the modern sunset clause.The new concept of sunset and the "sunset legislative movement" in the United States are introduced at the end of the time line,which reveals the reason,course and result of its rise.The second chapter focuses on a fixed summary of the modern sunset clause.Starting with the legislative design of sunset clause,this paper introduces in detail the single clause mode and centralized bill mode of sunset legislation,and discusses its basic principles and scope of application.In addition,this chapter also introduces the important supporting system of sunset clause sunset review,and discusses other sunset related issues.This chapter focuses on the experience and lessons learned from the practice of extraterritorial sunset legislation to draw inspiration for the construction of sunset mechanism in China.The third chapter examines the application of sunset clause in the field of administrative law in China.In view of the sunset clause in Chinese context,this chapter finds that it is an incomplete introduction and application of sunset clause,and scattered in various categories,levels of laws and regulations.China's sunset legislation exposed the improper mode of legislation,confusion in the scope of application,lack of institutional cohesion and other problems,the root of which lies in the lack of a systematic sunset mechanism in China.In order to make the socialist rule of law become good law and good governance,our country has the realistic need to construct the sunset mechanism in many aspects.The fourth chapter puts forward the construction idea of sunset mechanism in China.In view of the deficiency of sunset clause in the application of Chinese legislation,this paper focuses on how to construct the sunset mechanism suitable for the actual needs of our country with the minimum cost of institutional change.This chapter considers that the time limit system in the existing sunset related legislation should be connected with the review system,and the sunset quick trial procedure should be created to establish a comprehensive legislative model.In addition,an independent sunset review commission under the control of the State authority should be established to involve other stakeholders and independent third-party assessment bodies in the sunset review.Finally,some suggestions are put forward for the implementation of sunset review system in China.