加拿大規(guī)制影響分析制度研究
發(fā)布時間：2019-07-04 17:29
【摘要】：20世紀70年代以來,隨著世界經(jīng)濟全球化的發(fā)展,為了能夠有效提高國家綜合競爭能力,以美國為首的西方發(fā)達國家發(fā)起了以規(guī)制政策制定和規(guī)制治理為主要內(nèi)容的改革。其中,規(guī)制影響分析正是制定規(guī)制政策工具中的一項主要工具。經(jīng)過三十多年的實踐和發(fā)展,規(guī)制影響分析已經(jīng)成為西方國家提高政府行為效益、提高公眾參與度、改善政府問責制、改善立法和政策制定過程的重要規(guī)制工具。加拿大是經(jīng)合組織成員國中成功實施規(guī)制改革的代表之一。經(jīng)過二十多年的艱辛探索,終于形成一套運行良好且成熟有效的規(guī)制管理體系。其中最具有借鑒意義的當屬成本—效益分析方法的適用以及規(guī)制影響分析制度中的公眾參與。 由于成本—效益分析方法能夠同時反映規(guī)制的積極效應和負面效應,與制定公共政策的目標相一致且適用情形廣泛,因此,將這一經(jīng)濟學上不可或缺的分析方法引入規(guī)制影響分析中,對評估一項立法的合理性有重要意義,它能夠正確的評估立法的得失,從而指導立法活動的過程。加拿大政府首先將定量化和貨幣化作為成本-效益分析的核心,再將其加以折現(xiàn),最后對折現(xiàn)后的成本和效益進行比較得出“凈現(xiàn)值”,如果得出的“凈現(xiàn)值”大于或等于零,則說明效益大于成本,規(guī)制應當實行；反之,則不能予以實行。與此同時,通過制定和實施《規(guī)制程序的效益-成本分析指南》,加以具體規(guī)范和法律保障。 另一方研,加拿大作為具有深厚公眾參與基礎(chǔ)的聯(lián)邦制國家,高度重視公眾參與在政府改革中的作用,加之公眾參與作為規(guī)制影響分析制度的重要內(nèi)容,因此,加拿大政府力圖實現(xiàn)在規(guī)制影響分析制度框架下實現(xiàn)公眾參與最大化,為此,加拿大政府作出多方而努力和探索。首先,通過制定頒布《法定文件法》、《規(guī)制公平公民守則》、《內(nèi)閣關(guān)于法規(guī)規(guī)范化的指令》、《公眾參與指南》等法律文件,在法律上保障規(guī)制影響分析中有關(guān)公眾參與的有效運行。其次,在具體操作上在盡可能擴大公眾參與的主體范圍的同時,采取具體、細致、靈活、多樣的參與形式,經(jīng)過多年實踐,已成為加拿大公眾參與的兩大主要優(yōu)勢,并在醫(yī)療、教育等民生領(lǐng)域彰顯出強大的優(yōu)越性。 基于對加拿大規(guī)制影響分析制度的分析,并結(jié)合當前新形勢下我國的基本國情,在我國全而發(fā)展規(guī)制影響分析已經(jīng)條件成熟：一是市場經(jīng)濟的的飛速發(fā)展使規(guī)制影響分析已經(jīng)具備堅實的物質(zhì)經(jīng)濟基礎(chǔ),二是決策層的高度重視和認可為其提供了有力的政治基礎(chǔ),三是廣大公眾主人翁意識的覺醒為其提供了廣闊的群眾基礎(chǔ)。最重要的是,規(guī)制影響分析制度對我國的政治文明建設(shè)的長遠發(fā)展具有重要的借鑒意義：其有利于發(fā)展社會主義民主政治,有利于保障公眾的政治權(quán)益,有利于立法決策科學、公正。與此同時,我們應繼續(xù)堅持以經(jīng)濟建設(shè)為中心,繼續(xù)推行政治體制改革,加強社會主義法制建設(shè),充分做好群眾工作,充分發(fā)揮新聞媒體、網(wǎng)絡(luò)的媒介作用,特別要從成本—效益角度制定相關(guān)法律文件,加強現(xiàn)有體制與規(guī)制影響分析制度之間的同構(gòu)性與兼容性,使其能夠更好地為社會主義現(xiàn)代化建設(shè)服務。最后,通過實際調(diào)查研究《青島市物價監(jiān)測條例》的立法過程,以及結(jié)合當前我國中央到地方的立法活動,我們可以樂觀地看到,規(guī)制影響分析已經(jīng)在我國“生根發(fā)芽”,只要經(jīng)過不懈地努力,就一定能夠成為我國政治文明建設(shè)的強有力的規(guī)制工具。
[Abstract]:Since the 70 's in the 20th century, with the development of the world's economic globalization, in order to be able to effectively improve the national comprehensive competitiveness, the western developed countries, led by the United States, have launched the reform to regulate the policy formulation and regulation and control as the main content. Among them, the regulatory impact analysis is one of the main tools in the development of regulatory policy tools. After more than 30 years of practice and development, the regulatory impact analysis has become an important regulatory tool in the western countries to improve the government's behavior, improve public participation, improve the government's accountability and improve the process of legislation and policy development. Canada is one of the representatives of OECD countries that have successfully implemented regulatory reforms. After more than twenty years of hard exploration, a set of effective and mature regulation and management system is finally formed. The most valuable is the application of the cost-benefit analysis method and the public participation in the regulation and analysis system. Because the cost-benefit analysis method can reflect the positive effect and the negative effect of the regulation at the same time, it is consistent with the goal of developing the public policy and the applicable situation is wide, so it is necessary to introduce the necessary analysis method in this economics into the regulation influence analysis It is of great significance to evaluate the rationality of a legislation, and it can evaluate the gain and loss of the legislation correctly, so as to guide the legislative activity. Cheng. The Government of Canada first will quantify and monetize as the core of the cost-benefit analysis, discount it, and finally compare the cost and benefit of the discount to obtain the "net present value". If the calculated "net present value" is greater than or equal to zero, it indicates that the benefit is greater than the cost and the regulation should be real A line; on the other hand, can't be real. Line. At the same time, specific specifications and legal protection are specified through the development and implementation of the Benefit-Cost Analysis Guide for Regulatory Procedures The other party research, Canada, as a federal system with deep public participation, attaches great importance to the role of public participation in government reform, and public participation as an important part of regulatory impact analysis system The Government of Canada therefore seeks to maximize the participation of the public under the regulatory impact analysis system, and to that end, the Government of Canada has made a number of efforts And explore. First of all, through the enactment of the Law on Legal Documents, the Regulations on the Regulation of the Fair Citizens' Code, the Directive on the Standardization of the Regulations of the Cabinet, the Guide to the Public Participation, and the like, the relevant public participation in the regulatory impact analysis is guaranteed in the law. After many years of practice, it has become the two main advantages of the public participation of Canada, and has become the two main advantages of the public participation in Canada. In the fields of health care, education and other people's livelihood, it has made a strong sense of power Based on the analysis of the influence and analysis system of the Canadian regulation, and in combination with the basic national conditions of our country under the new situation, the analysis of the effect of the regulation on the whole and the development of our country has become mature: the first is the rapid development of the market economy, and the analysis of the influence of the regulation already has a solid object On the basis of the economic base, the second is the high priority and the recognition of the decision-making level to provide a powerful political foundation, and the third is the awakening of the public ownership consciousness of the general public. The most important thing is that the regulatory impact analysis system is of great reference for the long-term development of the political civilization construction in China: it is conducive to the development of the socialist democratic politics, which is conducive to the guarantee of the public's political rights and interests, and is beneficial to the legislative decision-making At the same time, we should continue to adhere to the economic construction as the center, to continue to carry out the political system reform, to strengthen the socialist legal system, to make full use of the mass work, to give full play to the media and the media of the network, in particular to make a phase from the angle of cost and benefit To close the legal documents, strengthen the isomorphism and compatibility between the existing system and the regulation and analysis system so that it can better serve the socialism Finally, through the practical investigation and research on the legislative process of the price monitoring regulations in Qingdao, and the legislative activities in the central to local areas of our country, we can see that the regulatory impact analysis is already in our "rooting and germination", as long as it passes through The untiring efforts will surely be a strong political civilization construction in our country
【學位授予單位】：山東大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D971.1
本文編號：2510086
[Abstract]:Since the 70 's in the 20th century, with the development of the world's economic globalization, in order to be able to effectively improve the national comprehensive competitiveness, the western developed countries, led by the United States, have launched the reform to regulate the policy formulation and regulation and control as the main content. Among them, the regulatory impact analysis is one of the main tools in the development of regulatory policy tools. After more than 30 years of practice and development, the regulatory impact analysis has become an important regulatory tool in the western countries to improve the government's behavior, improve public participation, improve the government's accountability and improve the process of legislation and policy development. Canada is one of the representatives of OECD countries that have successfully implemented regulatory reforms. After more than twenty years of hard exploration, a set of effective and mature regulation and management system is finally formed. The most valuable is the application of the cost-benefit analysis method and the public participation in the regulation and analysis system. Because the cost-benefit analysis method can reflect the positive effect and the negative effect of the regulation at the same time, it is consistent with the goal of developing the public policy and the applicable situation is wide, so it is necessary to introduce the necessary analysis method in this economics into the regulation influence analysis It is of great significance to evaluate the rationality of a legislation, and it can evaluate the gain and loss of the legislation correctly, so as to guide the legislative activity. Cheng. The Government of Canada first will quantify and monetize as the core of the cost-benefit analysis, discount it, and finally compare the cost and benefit of the discount to obtain the "net present value". If the calculated "net present value" is greater than or equal to zero, it indicates that the benefit is greater than the cost and the regulation should be real A line; on the other hand, can't be real. Line. At the same time, specific specifications and legal protection are specified through the development and implementation of the Benefit-Cost Analysis Guide for Regulatory Procedures The other party research, Canada, as a federal system with deep public participation, attaches great importance to the role of public participation in government reform, and public participation as an important part of regulatory impact analysis system The Government of Canada therefore seeks to maximize the participation of the public under the regulatory impact analysis system, and to that end, the Government of Canada has made a number of efforts And explore. First of all, through the enactment of the Law on Legal Documents, the Regulations on the Regulation of the Fair Citizens' Code, the Directive on the Standardization of the Regulations of the Cabinet, the Guide to the Public Participation, and the like, the relevant public participation in the regulatory impact analysis is guaranteed in the law. After many years of practice, it has become the two main advantages of the public participation of Canada, and has become the two main advantages of the public participation in Canada. In the fields of health care, education and other people's livelihood, it has made a strong sense of power Based on the analysis of the influence and analysis system of the Canadian regulation, and in combination with the basic national conditions of our country under the new situation, the analysis of the effect of the regulation on the whole and the development of our country has become mature: the first is the rapid development of the market economy, and the analysis of the influence of the regulation already has a solid object On the basis of the economic base, the second is the high priority and the recognition of the decision-making level to provide a powerful political foundation, and the third is the awakening of the public ownership consciousness of the general public. The most important thing is that the regulatory impact analysis system is of great reference for the long-term development of the political civilization construction in China: it is conducive to the development of the socialist democratic politics, which is conducive to the guarantee of the public's political rights and interests, and is beneficial to the legislative decision-making At the same time, we should continue to adhere to the economic construction as the center, to continue to carry out the political system reform, to strengthen the socialist legal system, to make full use of the mass work, to give full play to the media and the media of the network, in particular to make a phase from the angle of cost and benefit To close the legal documents, strengthen the isomorphism and compatibility between the existing system and the regulation and analysis system so that it can better serve the socialism Finally, through the practical investigation and research on the legislative process of the price monitoring regulations in Qingdao, and the legislative activities in the central to local areas of our country, we can see that the regulatory impact analysis is already in our "rooting and germination", as long as it passes through The untiring efforts will surely be a strong political civilization construction in our country
【學位授予單位】：山東大學
【學位級別】：碩士
【學位授予年份】：2012
【分類號】：D971.1
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