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Research on Objects of China Legal Performance Evaluation

Author: ZuoLongHui
Tutor: WangQuanSheng
School: Shandong University
Course: Legal Theory
Keywords: Legal Performence Evaluation Sunset clause The Object of Legal Performance Evaluation types Act clean-up types
CLC: D920.0
Type: Master's thesis
Year: 2010
Downloads: 203
Quote: 0
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Since a long time ago, our country legislature attaches importance to laws formulation, but pays attention insufficiently on the actual effect after it made, and lacks the enough understanding on whether the laws achieve the anticipation. With the initial completion of our legal system, the legislative work of the focus from the past, stressed the law created changes to the law’s improved, abolished,China’s the time of the China’s "post-legislation" has comes. The Legal Performence Evaluation appears in this time, and has become the important method of enhancing legislation quality and constructing the harmonious socialism legal framework. But unfortunately, our current laws system in the legal performence evaluation, remains a legal vacuum, "Legislation Law" has not corresponding provision. How to improve legislation and legal performence evaluation has become a serious problem.The system about objects of eveluation is very important in the legal performance evaluation.study on the eveluation object,and select the appropriate object have great significance to the legal performance eveluation work. Before the start of the procedure, we shoulde analysis the " Evaluability Assessment "of theobjects, so as to ensure the legislation after the assessment of real achieve tangible results.Select the correct object are the most important issue to be solved in the legal performence evaluation.. This paper from the perspective of comparative law,in the reserch of the Western countries experience,after the assessment of object categories based on the study, presented the China’s scope of legal performence evaluation.It is vevry important to reserch and select the object of the legal performence evaluation. By the theory of public policy evaluation " Evaluability Assessment’ reference, The object selection in evaluating ought to abide by the four criteria to be followed:validity, necessity, timeliness, and feasibility. Pointed out that the object in the selection process should be the introduction of public participation to ensure that the scientific assessment of object-choice.The unitary evaluation is applicable to the broadest range of a legislative type of post-evaluation,and also the most commonly used in China as a current assessment methods. This paper study its meanings and advantages,and through case studies, pointed out that the unitary assessment of China’s current existing deficiencies.and also discussed the "sunset clause" what is objet selection mechanism.Typed evaluation is a cross between unitary evaluation and overall evaluation.In this paper, as well as the typology of the systematic study of relevant theories, pointing out that the typed evaluation content, the typed evaluation object, and analysis the problens of " Law Degree" in Typed evaluation metheod.The totality evaluation object is all the laws in certain scope,it is a necessarity type besides the unitary evaluation and typed evaluation, especially in China’s current legal situation, should pay more attention to the overall evaluation. But China’s overall evaluation mechanism, especially the clean-up mechanism also have many deficiencies need to be improved.

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