Between Regulations and Reality: The Rebuilding of the Evaluating Criteria System of Local Legislative Quality in Our Country-质量院英文网
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Between Regulations and Reality: The Rebuilding of the Evaluating Criteria System of Local Legislative Quality in Our Country

April 7, 2016

Qin Qianhong and Di Gaoyang

(School of Law,Wuhan University)


Abstract: Setting up the evaluation criteria of local legislative quality (the following abbreviating “evaluation standard”) is the logical starting point of the evaluation of local rule of law,the pre guarantee of the local authority restriction,and the inherent requirement of strengthening the protection of people's rights and interests.Examining the present,on the one hand,dominated by the traditional single administrative,the maintaining stability standard mode with the center of order,the technical standard pattern with the center of text,the utilitarian standard mode with the center of benefit all have been unable to meet the new situation of the modern rule of law; on the other hand,the standards of different types and contents on a single subject leads to function of the local legislation quality evaluation declines,formalization of the evaluation systems and of the evaluating effects.Based on the comparison and reflection of the domestic and foreign evaluation standards,the passage innovatively puts forward the evaluation criteria system of good law and good governance type under the “state-society-citizen” ternary perspective or analytical framework,and from a practical point of view,put forward guarantee conditions of the construction and implementation of the system,in order to devote intellectual knowledge of promoting the theoretical study of the standard system and improving the local legislation quality.


Key Words: The Evaluating Criteria System of Local Legislative Quality; The Type of Good Law and Good Governance; State Dimension; Society Dimension; Citizen Dimension