입법평가와 입법심사의 관계 고찰

Abstract

The legislative evaluation system is to limit the increasing number of statutes and prevent a hasty decision in the legislative process and promote the development of scientific legislation of by reviewing existent laws statutes and regulations. Through comparing the legislative evaluation and similar existing systems, the meaning of the legislative evaluation could be understood. The necessity of the legislative evaluation system has been emphasized by shedding light on the relation between the legislative evaluation and the regulatory impact analysis, the bill cost estimate, the gender impact assessment and the corruption impact assessment etc. However, the comparison of the legislative examination and the legislative evaluation has not been done. We can understand the relationship between the legislative evaluation of 3 phases and the legislative examination form the aspects of goals, assessment (examination) standards and instruments. Further, comparing the pre-impact assessment and examination on legislative bills, legal impact assessment and legislative examination, post-assessment system and statute improvement project, the similarities and differences of the two institutions could be analyzed. In addition, regarding the propriety of the introduction of evaluation system, the relationship between the legislative evaluation and the legislative examination can be explored. In conclusion, we can make efficient use of the legislative evaluation as complementary means of the legislative examination, while respecting the existing legislative examination system and similar institutions.