The Formative Motivation And Chinese Path Of Cost-Benefit Analysis Of Administrative Legislation

Regulatory Impact Analysis with Cost-Benefit Analysis as the core is one of the most profound changes in administrative legislation of western developed countries in recent decades.Since 2004,China has been exploring Cost-Benefit Analysis of administrative legislation,but it has not made breakthrough up to now.Based on this background,this paper,based on the reality of the rule of law in China,explores whether and how Cost-Benefit Analysis of administrative legislation originated from the United States is applicable to China from the perspective of the role of the government in the rule of law,which is the core issue of this paper.Firstly,by combing the economic history of nearly a hundred years briefly,this paper discusses the formative motivation of Cost-Benefit Analysis,loosen government’s regulation,and then based on the reality in our country,the positive role of the government in the development of the rule of law is discussed,then the formative motivation " loosen government’s regulation" is put in the reality of the rule of law,after that the harmony of Cost-Benefit Analysis and the role of the government of the rule of law in China is analyzed.Finally,how to establish Cost-Benefit Analysis of administrative legislation in line with the reality of the rule of law in China is proposed.This paper consists of three parts: introduction,text and conclusion.The text consists of five parts,the main content is as follows:The first part,concepts related to Cost-Benefit Analysis of administrative legislation are defined,and the theoretical basis are briefly described.The second part mainly combs the institutionalization process of Cost-Benefit Analysis of administrative legislation in the United States and other western developed countries,and briefly describes the exploration of it in China.The third part,through a brief review of economic history of the United States in the past100 years,discusses the formative motivation of Cost-Benefit Analysis,namely,loosen government’ regulation and limit government’s power.Afterwards,This paper takes an official document as an example to verify the conclusion.The fourth part firstly discusses the role of the government in the development of the rule of law,and then discusses the negative effect of Cost-Benefit Analysis to the government’s ability to promote the development of the rule of law,which is the "disharmony".But at the same time,it can play a positive role in restraining the government,thus there is "harmony".In addition,the other positive functions of Cost-Benefit Analysis can meet the corresponding needs of the rule of law in China,so we should establish Cost-Benefit Analysis of administrative legislation in line with the reality of the rule of law in China.In the fifth part,based on the above analysis,the corresponding institutional ideas are proposed respectively for the establishment of commensurable and incommensurable design of Cost-Benefit Analysis.To sum up,this paper argues that although Cost-Benefit Analysis of administrative legislation originated from the United States has some incompatibility with the reality of the rule of law in China,it should be used for reference on the premise of reforming the incompatibility because of its important value.The existing domestic studies mainly introduce the similar systems in other countries as a whole,but rarely discuss the problem of sinicization based on the reality of the rule of law in China.This paper discusses the role of the government of China in the rule of law and provides a new perspective to explore Cost-Benefit Analysis of administrative legislation.