Study on the Pilot Situation Report System in China's Experimental Legislation Practice
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Science, Technology & Public Policy (Science Publishing Group)
2022
English
China
Abstract
Article 13 of Legislation Law establishes the experimental legislation system of our country. In order to better understand and supervise the pilot experiment, the NPC and its Standing Committee usually require the authorized subjects to make work reports on the pilot experiment in the authorization decision. Different from the "central government to the local government" authorization, the pilot situation reporting system is an important institutional guarantee for the "local government to the central government" to enable the authorization subject to obtain and understand the specific practice and experience of the reform pilot system. At the same time, the pilot situation report system is also the supervision system of the higher subject to the lower subject in each practice link. In the practice of Article 13 of the Legislation Law, the pilot report system does not only include the pilot report system stipulated in the authorization decision, but also include the pilot report system stipulated in the pilot rules and the statutory pilot report system. These three pilot reporting systems together constitute a systematic pilot reporting system from "local to central". However, the three pilot reporting systems are not perfect in practice. There are still problems such as the inconsistent authorization decisions on the obligation of pilot reporting, the incomplete role of statutory pilot reporting, the inconsistent content of the pilot report, and the lack of third-party evaluation.
Experimental Legislation, Pilot Situation Report, Interim Report, Final Report, Content Settings, Third Party Evaluation
Article 13 of Legislation Law establishes the experimental legislation system of our country. In order to better understand and supervise the pilot experiment, the NPC and its Standing Committee usually require the authorized subjects to make work reports on the pilot experiment in the authorization decision. Different from the "central government to the local government" authorization, the pilot situation reporting system is an important institutional guarantee for the "local government to the central government" to enable the authorization subject to obtain and understand the specific practice and experience of the reform pilot system. At the same time, the pilot situation report system is also the supervision system of the higher subject to the lower subject in each practice link. In the practice of Article 13 of the Legislation Law, the pilot report system does not only include the pilot report system stipulated in the authorization decision, but also include the pilot report system stipulated in the pilot rules and the statutory pilot report system. These three pilot reporting systems together constitute a systematic pilot reporting system from "local to central". However, the three pilot reporting systems are not perfect in practice. There are still problems such as the inconsistent authorization decisions on the obligation of pilot reporting, the incomplete role of statutory pilot reporting, the inconsistent content of the pilot report, and the lack of third-party evaluation.
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