정부 및 국회 입법영향분석제도의 법제화 방안 - 중국 입법평가제도와의 비교를 중심으로 -

Abstract

Pre- and post-legislative evaluations of a law are essential to the legislative process. The pre-legislative evaluation is necessary to ensure that the law is enacted well, and the post-legislative evaluation is necessary to improve and modify the enacted law. While there have been studies on legislative evaluation in other countries, it has been difficult to find a study on legislative evaluation in China, and among the studies on legislative impact analysis systems in Korea, there are few studies that integrate the legislative impact analysis systems of government legislation and parliamentary legislation, such as this paper. In particular, this paper is significant in that it captures a series of recent changes surrounding the legislative impact analysis system, such as the official publication of preliminary legislative impact analysis reports on legislative bills from the end of 2023, and the establishment of the basis for the government’s post-legislative impact analysis of current laws in 2021. This paper will first analyze the characteristics of Korea’s legislative impact analysis system and diagnose problems, and then draw implications by analyzing the characteristics of China’s legislative evaluation system. Ideally, legislative impact analysis is complete if the results of preliminary legislative impact analysis can lead to post-implementation impact analysis and eventual legislative reform. However, due to the nature of the current preliminary legislative impact analysis, which can only be conducted at the request of lawmakers, measures should be taken to ensure the objectivity and neutrality of legislative impact analysis, and the scope of legislative impact analysis should be defined to include not only regulatory bills but also non-regulatory bills. Regarding the post-legislative impact analysis, the government and the National Assembly should promptly issue specific and clear guidelines on the scope of the post-legislative impact analysis, referring to the provisions of the Ordinance.