A Brief Analysis of the Post-Legislative Evaluation Mechanism and the Present Situation in China

Authors

  • Tianyu Yao

DOI:

https://doi.org/10.54691/bcpssh.v19i.1614

Keywords:

Post-legislative evaluation, Legislative quality, Situation analysis

Abstract

Post-legislative assessment is an important institutional guarantee for China to develop and improve the legal system. In view of the fact that Chinese legislative work has changed from quantity to quality, the establishment of Chinese post-legislative evaluation system is conducive to the objective and scientific analysis of Chinese law, and provides practical experience for the revision and abolition of legal work, thus ultimately improving the quality of legislation in our country. At present, the systematic construction of the post-legislative evaluation system in China is lacking, the evaluation subject is single, the evaluation criteria are missing, and the identification of the facts is inconsistent with the subjective and objective judgment of value judgment. Therefore, China should establish a unified post-legislative evaluation system across the country, improve the linkage mechanism between post-legislative assessment and legal amendment, and achieve the unification of the purpose and result of post-legislative assessment.

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References

Shen Zongling. Modern Western Jurisprudence. Beijing: Peking University Press, 1992, pp. 192.

Liu Ping, Jiang Zihao. 2008 Government Legal System Research, pp.68.

Shi Jiansan. Theories and Practices of Post-Evaluation of Local Legislation, Beijing: Law Press, 2012, pp.60-62.

Rousseau. Social Contract Theory. Beijing: The Commercial Press, 1997, pp.75.

Li Guihua, Ji Yaping. “On the Evaluation System of Administrative Legislation”. Jiangxi Social Sciences, vol. 33, No.7, 2013, pp.160-164.

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Published

2022-08-30