The Improvement Of The Evaluation System After Local Legislation

At present,in practice,the Standing Committee of the National People’s Congress has not issued specific laws and regulations on post-legislative evaluation at the central legislative level.As for the work of local post-legislative evaluation,the relevant regulations formulated by different provinces and cities vary from place to place,with different emphases.Academic evaluation system after the legislative perfect thinking mostly only a theoretical discussion,lack for some real real local legislation to evaluation as a case study,the theoretical study on the summary of practice ascension is not enough,the depth and breadth of demand has great gap with reality,failed to put forward the institutionalization,standardization,standardization of the evaluation of the local legislation system.The author searched "post-legislative evaluation" and "legislative evaluation" as key words in "Peking University Talisman",and found that by 2020,10 provinces(autonomous regions,municipalities directly under the central government)and 25 cities in China had formulated local post-legislative evaluation provisions.The author try to choose in Shanghai,Guangdong,Guangzhou,Hunan,Chongqing,Ningbo has set after the implementation of the local legislation of evaluation method as the research object,because these areas of legislative level is higher,the results of the evaluation of the legislation started earlier,legislation technology,higher legislation experience and the practical experience is more rich,and combined with relevant theory research results,Refer to the standing committee of the National People’s Congress,the practice of the legislation of the State Council after evaluation and the relevant provisions of the regulation by using norm analysis,comparative research summary of the evaluation of the local legislation system existence question and the insufficiency,attempt to propose a universal applicability,strong pertinence,operable opinion and the suggestion,promote the systematization and standardization of the evaluation of the local legislation,standardization.As for the definition of the concept of post-legislative evaluation,this paper introduces and analyzes many different viewpoints of scholars in the theoretical circle.By studying the relevant viewpoints of the "Measures for Post-legislative Evaluation of Rules and Normative Documents of the Ministry of Land and Resources" issued by the State Council,it defines the legislative authority as the legislative organ and the implementing organ,and puts forward its own concept definition.For evaluating principle is not unified,through the research conducted by the standing committee of the National People’s Congress legislation three times after the content of the assessment report,Guangzhou city,Linyi city,evaluation method of regulation,combining with the analysis of the views of scholars,think it should be "objective and fair,scientific and standardized,public participation and pragmatic" as the principle of the evaluation of the local legislation.For the problem that the selection criteria of evaluation objects are not clear and unified,based on the different viewpoints of scholars and the relevant regulations of the State Council and the Ministry of Land and Resources,the selection criteria of evaluation objects after local legislation are proposed as follows :(1)The local regulations and rules formulated after the implementation of these Measures have been in effect for one year;(2)Relevant laws,regulations or important policies issued by higher authorities or departments may have a major impact on the main contents of local regulations and rules;(3)Where the law enforcement work needs to be improved or modified due to the fact that the continued application of rules and regulations cannot adapt to the changes in the new economic and social situation,which will result in relatively harmful consequences,or that widespread problems are found in the course of implementation and cannot be solved by other means;(4)according to all levels of people’s congress,CPPCC proposal Suggestions and consultation,citizens,legal persons and other organizations through various channels and ways to reflect relatively concentrated problems,put forward suggestion is feasible,judicial organs to solicit assessment Suggestions from the public for and regulations more opinions,there is a big controversy;(5)where a rule is to be upgraded to a law or a normative document to a rule or a regulation;(6)where the enacting or implementing organ deems it necessary to make an assessment.In view of the lack of a unified index system for local post-legislation evaluation,six first-level indexes of "legality,rationality,operability,effectiveness,coordination and standardization" were determined,and the Scores of Post-legislation Evaluation of Local Government was innovatively proposed,which adopted different methods for quantitative evaluation of text quality and implementation performance.According to local legislation after the assessment results of law is not clear,the evaluation conclusion after the law should be endowed with legal effect,evaluation report after the legislation as amended or repealed local legislation,perfecting the supporting system and improve the important basis of administrative law enforcement work and puts forward to establish a scientific and reasonable,the result of the strong feasibility response mechanism.