中国民族自治地方单行条例立法后评估的法治化研究 -----以延边朝鲜族自治州为例

Abstract

In recent years, some ethnic autonomous areas such as yanbian korean autonomous prefecture in China in order to test the effect of implementation, improve the quality of legislation, have carried out the evaluation work after the legislation of separate regulations. Presently, thenational autonomous areas have not formed a unified and standardized post-legislation evaluation system of special regulations. Through the evaluation of special regulations after legislation, some problems are found, such as unclear scope of application, single subject of post-legislation evaluation, incomplete standard of post-legislation evaluation, and unscientific method of post-legislation evaluation. Therefore, national autonomous areas should further strengthen the institutionalization and legalization of post-legislation evaluation of special regulations. National autonomous areas shall be established after the special legislation to evaluation, definit special legislation after the scope of the assessment. In order to ensure the objectivity and justice of the post-legislation evaluation results, the democratic autonomous areas should construct the pluralistic post-legislation evaluation subjects, and try to use the third party organization as the evaluation subject. The democratic autonomous areas shall be established scientific post-legislation evaluation standards, pay attention to the practical effectiveness standards and the application of local and national characteristics standards. National autonomous areas shall be integrated use of diversified evaluation method after legislation, pay more attention to the use of cost-benefit analysis method, strengthen the public participation. Finally, the national autonomous areas should standardize the application of the evaluation conclusion, and take the evaluation conclusion as an important basis for the establishment, modification and abolition of the special regulations.