中国水法律立法后评估研究
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Abstract

With the establishment of water law system,water crisis,instead of taking a turn for better,is becoming increasingly serious. Strong contrast required us to reflect on the existing water laws and regulations,examine their effects,modify and correct them according to their operation. Post-evaluation of legislation is a foundational job to water laws introspection,exam ination of water laws administration effect and amendments and supplements to some provisions of present water laws. In fact,a number of post-evaluations of water legislations have been carried out by appropriate authorities.

But relative theoretical researches lag behind,Neither carding,rethinking and summarizing the existing post-evaluations to test the effectiveness,nor researching specially one or some problems of the existing post-evaluations,nor researching comprehensively or systematically the existing post-evaluations. This makes post-evaluations of water legislations lack theoretical support,the standardization and effectiveness are hard to come by. Review,research and inspection on post-evaluations of China’s water legislations for their general regularity and successful experience as well as disadvantages may offer application reference for such work and greater support for water law system construction.

Firstly the book expounds the general theory and practice of postevaluation including the basic theory,outside experience and domestic practice as theory foreshadowing for researching post-evaluations of China’s water legislations. Then the book discuss the necessity,prac-tice overview and typical cases of post-evaluations of China’s water legislations to describe the outline of practice exploration and overall features of post-evaluations of China’s water legislations. Then according to the essential elements of post-evaluations,the book Specifically discourses evaluation body,evaluation object,evaluation content,standard and index system,evaluation method and evaluation procedure of post-evaluations of China’s water legislations respectively. Lastly on the basis of examining the present situation and analyzing the successful practices and deficiencies,the improvement of the corresponding suggestions are put forward.

In particular,post-evaluation of water legislations in China is characterized by lim ited evaluation bodies and mainly are internal evaluations. There are such problems as lack of objectiveness,insufficient participation of stakeholders and inadequate extensiveness and effectiveness of public participation. In light of such problems,to establish evaluation bodies of post-evaluation of water legislations,it should begin with improvement of internal evaluation bodies,cultivation of evaluation by independent third party,extension of stakeholders’participation and promotion of public participation.

Post-evaluations of water legislations in China cover various and wide-ranging objects,however,their effectiveness levels are low,implementation terms are long and mainly are single evaluations. Post-evaluations of water legislations should include both single evaluations and typed evaluations. Single evaluations should combine evaluations of each provision and integral evaluations together and a key and difficult point of typed evaluations is the determination of valid“type”.

Post-evaluations of water legislations in China mainly include evaluation of implementation effect and evaluation of legislation quality. In practice,due to a difference in degrees of care for and application of evaluation standards and evaluation index system,evaluation standards vary a lot in whole,among which some are applied frequently,and no consistent standards and index system has been established. Evaluationstandards of water legislations quality should include legitimacy standard,fairness standard,consistency standard,feasibility standard and normativeness standard;standards of evaluation of implementation effect of water legislations should include efficiency standard,benefit standard and adaptation standard. Such standards should be broken up to establish amore detailed post-evaluation index system of water legislations.

There is an obvious inclination,i.e. care for evaluation but disregard for methods,in post-evaluations of water legislations in China. Some evaluations attach great importance to application of variousmethods,but most evaluations mistake methods of information collection for methods of evaluation. Post-evaluation methods system of water legislations should be constructed on the basis of the basic law of post-evaluation of legislation and a comprehensive post-evaluation methods system of water legislations should be established in accordance with features of the evaluation object of water legislations,evaluation standards of water legislation and requirements of evaluation procedures of water legislations. The major evaluation methods of water legislations include systemic analysis method,comparative analysis method,social empirical investigation method,method combining qualitative and quantitative analysis,cost-benefit analysis method and so on.

Because of lack of regularity of launching time of post-evaluation of water legislations in China,an evaluation launchingmechanism combining lanching upon power and launching upon application,regular launching and emergency launching should be established. At the same time,preparations for evaluations should be strengthened. During the process of evaluation,various methods should be emp loyed to widely collect information related to evaluation in order to ensure its extensiveness,depth,scientific nature and completeness. On such a basis,sifting,identifying,classifying and gathering works are to be carried out according to the characteristics and contents of the information to come to an evaluation conclusion and thus form an evaluation report. Post-evaluation report of water legislation should be published in such a waythat it can be quickly spread and widely known to the public. In addition,necessity verification should be promoted and evaluation supervisory system should be established as a result of weak respondence to post-evaluation of water legislations.

Keywords: water legislation,post-evaluation of legislation,evaluation body,evaluation object,evaluation standard