ABSTRACT

Research on comparative law is the need of the times.This dissertation is a result of comparative law studies.In modern society，cost benefit analysis system is a necessity to ensure the accuracy，reasonability and scientificity of rulemaking.The United States，which is the earliest country that most systematically conducted the cost benefit analysis in rulemaking，has complete system design and abundant operating experience，which are of strong values of research and reference.Based on this，this dissertation systematically sorts out the institutional framework and operating procedures of the cost benefit analysis in American rulemaking.This dissertation is divided into five chapters，details of which are as follows：

Chapter I，“the basic theories of the cost benefit analysis in rulemaking.”This chapter begins with interpreting and analyzing several basic concepts，such as“rulemaking”and“cost benefit analysis，”discusses the theoretical basis，the challenges as well as the role in both theory and practice of the cost benefit analysis.Then this chapter，from the perspective of“macro-history，”restores the occurrence of the cost benefit analysis system in American rulemaking to the historical background then，states in details that the legislative，executive，and judicial powers gradually agree to the cost benefit analysis，and shows that the generation of this system is a historical inevitability.

Chapter II，“the institutional framework of cost benefit analysis in rulemaking.”This chapter analyzes the legal basis for cost benefit analysis in rulemaking，including the legislation of Congress，the executive orders，as well as the circular of Office of Management and Budget（OMB）.This system is operated by regulatory agencies，OMB，the General Accounting Office（GAO）and the Congress，but with different levels of details and purposes.The application of cost benefit analysis in rulemaking has scope limit，including the exclusions in executive orders and congressional legislation.

Chapter III，“the basic operation of cost benefit analysis in rulemaking.”This chapter focuses on analyzing the operational procedures of the cost benefit analysis in American rulemaking，sums up the nine basic steps of general cases and explains the matters needing attention in each step.The determination of baselines and choice of alternatives are specifically analyzed in this chapter，since they are two important points in the entire analytical procedure.The factors to be considered in these two steps are specifically analyzed.

Chapter IV，“the calculation of costs and benefits.”This chapter discusses the two core issues of cost benefit analysis in rulemaking，which are：items contained in costs and benefits，calculation of costs and benefits.To determine the amount of the costs and benefits，a separate section in this chapter discusses the calculation methods，especially because of the exists of non-quantifiable benefits，which need particular methods.Discounting is needed since the costs and benefits may occur at different time，thus，a single section in this chapter analyzes the determination of discounting rate，the American operation and controversial issues therein.After costs and benefits being determined，their sum shall be calculated，thus，the Method of Net Present Value（NPV），assisted with the Method of Benefit-cost Ratios，the Method of Internal Rate of Return，will be used to determine the final recommended plan.

Chapter V，“illumination to the rulemaking in China.”This chapter mainly analyzes the illumination of the cost benefit analysis in American rulemaking to that in China.Rulemakings in China attach more great importance to necessity than feasibility，and common problems thereof are high costs and low benefits of rulemaking.Therefore，in order to improve the quality of rulemaking，to ensure the implementation of laws，and to reasonably allocate legislative resources，it is highly necessary to introduce the cost and benefit analysis system to Chinese rulemaking.Learning from the U.S.experience，in addition to establish the principles and procedures of cost benefit analysis in rulemaking，it also needs to set up a unified rulemaking review agency，improve information gathering and file management.The last part of this chapter drafts guidelines on cost benefit analysis in Chinese rulemaking，with reference to the U.S.Circular A-4.

KEY WORDS：America，Rulemaking，Cost Benefit Analysis，illumination