Research On The Evaluation Of Local Prelegislation In China

The Fourth Plenary Session of the 18 th CPC Central Committee stressed that China should adhere to the principle of science and democracy in legislation,and further improve the extensive collection and effective demonstration of legislation.At present,China’s socialist legal system has been initially completed,which can further promote the modernization of China’s governance capacity and governance system.The focus of China’s rule of law construction has also shifted from focusing on quantity to focusing on quality.High-quality legislation is the key to China’s future legislative work.The Legislation Law amended in 2015 and the Constitution(Amendment)amended in 2018 have expanded the local legislative power,and the quantity of local legislation continues to grow rapidly.The quality of local legislation is also increasingly affecting the overall level of China’s rule of law construction.How to improve the quality of local legislation has become the top priority.Local legislation before the assessment can be through the analysis of "advance" research on subsequent local legislation,which guarantees the local legislation work smoothly,reduce the cost of trial and error of local legislation,promote the quality of local legislation quantity double promotion,strive for each local legislation can be infinitely close to Aristotle’s "digest" level.The first chapter of this paper discusses the research background and significance of the local prelegislative assessment,briefly analyzes the domestic and foreign research status in this field,points out the methods used in the research,and introduces the innovative part of this paper.The second chapter on the basis of the theory of jurisprudence and legislation,through the "local legislation","before the legislation","evaluate" three word three Angle concept interpretation,at the same time,the local legislation before evaluation compared with other approximate local legislation work analysis,clarify the specific content of the approximate noun meaning and evaluate the similarities and differences of local legislation,also expounds the necessity to carry out the assessment activities before the local legislation.The third chapter starts from the procedure of the research object,and focuses on the starting,running and result response of the local pre-legislation evaluation procedure.The fourth chapter,on the basis of the analysis of the current situation of the evaluation of local pre-legislation,reveals the difficulties faced by the local pre-legislation,which are mainly manifested as: the evaluation subject is single,the legislature "self-evaluation",and the social public participation is low;The evaluation index is one-sided;The assessment method is general;Lack of effective response to assessment results;The assessment lacks uniform assessment rules guidance.The fifth chapter puts forward the corresponding solutions and suggestions for the current predicament: to construct the diversified evaluation main body model,with the local legislature as the leading role,improve the participation proportion of the third-party evaluation institutions,and expand the degree of public participation;Perfect the evaluation index system;Defining specific assessment methods;Improve the response efficiency of evaluation results,rationally and effectively use the evaluation report,and construct the response mechanism of evaluation results;Develop uniform local pre-legislative assessment rules.