Abstract
The purpose of the evaluation of the legislation of the Shenzhen Special Economic Zone is to achieve the “assurance of legislative quality” and guide the “enaction, amendment and abolition” of regulations. However, in the practice of the evaluation of legislation, there is a clear disconnection between the evaluation work and the evaluation response. It is entirely up to the subjective attitude of the evaluated subjects on whether to respond to the problems identified in the evaluation, hence the evaluation of the legislation becomes formalistic. In order to guarantee the realization of the purpose of the system of evaluation of the legislation, an effective mechanism for response to the evaluation must be established to achieve the effective connection between identifying the problem and solving it.
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Notes
- 1.
See: “First Launch of Ex-Post Legislation Evaluation in Shenzhen”, http://www.szlh.gov.cn.
- 2.
See Lin Yuanchang, “Report on the Implementation of the School Safety Management Regulations of Shenzhen”, on 10th Meeting of the Standing Committee of the 4th Session of the Shenzhen Municipal People’s Congress on January 18, 2007.
- 3.
See: “Legislation Hearing of the Shenzhen Municipal People’s Congress on Radio Management Regulations”, http://www.sznews.com/.
- 4.
See Ren Erxin, A Study on the System of Tracking the Evaluation of Local Legislative Quality, Peking University Press, 2010, Preface Page 1.
- 5.
See Wang Quansheng, The Mechanism of Legal Performance Evaluation, Peking University Press, 2010, pp. 13–14.
- 6.
See Ren Erxin, A Study on the System of Tracking the Evaluation of Local Legislative Quality, Peking University Press, 2010, Preface Page 2.
- 7.
See Zhu Suli, Rule of Law and Its Indigenous Resources, China University of Political Science and Law Press, 2004, pp. 3–24. According to Mr. Zhu Suli, since the late Qing Dynasty, the laws enacted in China have mostly been “designed and planned by scholars and experts who are familiar with the law theories or foreign laws” and thus are contrary to the habits of Chinese people and belonging to “mandatory institutional changes” that are not easily accepted by the people. The author believes that in such an institutional environment, in order to enforce such laws and achieve the rule of law, it will inevitably require more state enforcement and result in a significant increase in legal costs. On the contrary, if the mechanism of response to the evaluation of legislation is established or improved to respond to and purposefully address issues found in the evaluation of the legislation, it can narrow the gap between the enaction of laws and habits and save legal resources.
- 8.
See Wang Quansheng, The Mechanism of Evaluation of Legal Performance, Peking University Press, 2010, p. 237.
- 9.
See Wang Quansheng, Chen Guang, “Response Mechanism of the Results of Post-Legislation Evaluation”, Journal of Zhengzhou University (Philosophy and Social Sciences Edition), Jan 2011, Issue 01.
- 10.
For example, in the practice of evaluation of legislation of Wuhan, the Standing Committee of the Wuhan Municipal People’s Congress entrusted Zhongnan University of Economics and Law on July 2, 2008 to undertake the evaluation of the existing local regulations of Wuhan, including 79 currently valid local regulations enacted by the Wuhan Municipal People’s Congress and its Standing Committee from 1988 to 2008. In our opinion, although Zhongnan University of Economics and Law is the entity of participation and implementation of this evaluation, it does not have the power to require relevant authorities to respond to the conclusions of the evaluation, which always belongs to the Wuhan Municipal People’s Congress and its Standing Committee.
- 11.
For example, the evaluation of the Regulations of Shanghai Municipality on the Protection of the Areas with Historical Cultural Features and the Excellent Historical Buildings was organized by the Legislative Affairs Commission of the Shanghai Municipal People’s Congress and the Legal Work Sub-committee of the Standing Committee of the Shanghai Municipal People’s Congress, with the participation of specialized commissions of the municipal people’s congress (including legislative affairs, urban construction and environmental protection, education, science, culture and health commissions), sub-committees of the standing committee of the municipal people’s congress (including legal work and personnel work committees), relevant functional departments of the municipal government (including the office of legal work, the bureau of planning, the housing and land bureau, the statistics bureau and the cultural management commission), the standing committee of the district people’s congress (including Huangpu District, Luwan District, Xuhui District, Changning District, Jing’an District, Hongkou District, Yangpu District and Qingpu District) as well as invited delegates to the people’s congress and experts. In this evaluation, there are many participants, but only the organizers have the power to request the evaluated agency to give a response.
- 12.
After Shenzhen evaluates the School Safety Management Regulations of Shenzhen, Lin Yuanchang, the Director of the Education, Science, Culture and Health Commission of the Standing Committee of the Municipal People’s Congress responded to the conclusions of the evaluation in the form of a report. See Lin Yuanchang, “Report on the Implementation of the School Safety Management Regulations of Shenzhen”, on the 10th Meeting of the Standing Committee of the 4th Session of the Shenzhen Municipal People’s Congress on January 18, 2007. http://baike.baidu.com/view/3324062.htm.
- 13.
See Wang Quansheng, Chen Guang, “Analysis of Response Delay after the Post-Legislation Evaluation”, Theory and Reform, 2008(05).
- 14.
This mainly exists between administrative organs and judicial organs. If the Municipal Government of Shenzhen evaluates the regulations it has enacted and the evaluation results reflect some problems in the process of applying the law by judicial organs, then the Municipal Government of Shenzhen should not directly require the judicial organs to give a response, but the Municipal People’s Congress of Shenzhen should serve as the subject of response right.
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Ming, S., Jialin, C. (2020). Research on the Response Mechanism of Legislation Evaluation of China’s Special Economic Zone. In: Yuan, Y. (eds) Studies on China's Special Economic Zones 3. Research Series on the Chinese Dream and China’s Development Path. Springer, Singapore. https://doi.org/10.1007/978-981-13-9841-4_5
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