行政立法评估之成本收益分析——美国经验与中国实践

Cost-benefit Analysis on Assessment of Administrative Legislation: Eeperience in US and Practice in China

我国政府需要一种有效的行政立法的评估机制。理想的评估机制应当采取一种既考虑法规对经济发展的影响也考虑其对环境、公共健康的影响的多维度的评估方法。美国等国家采用的成本收益分析方法就是这样一种综合全面的立法评估工具。成本收益分析是用拟议中的法规的总收益减去总成本以考察法规的净收益的法规评估方法。美国的经验显示现有的对成本收益分析的批评大多得到了有效的反驳。成本收益分析相对于可行性分析、绝对性分析和整体利益衡量的法规评估方法具有明显优势。在我国,成本收益分析有助于在行政立法中科学考量环境和公共健康等因素。采用从程序性成本收益分析逐步过渡到软性成本收益分析的评估方法可以帮助我国政府有效提高行政立法的质量。

Our government needs an efficient assessment mechanism on administrative legislation. An ideal assessment mechanism should employ a multidimensional method which takes into consideration rules＇ impacts on economic development as well as environment and public health. Cost-benefit analysis applied by many countries such as US, is such a comprehensive tool for assessment of legislation. It tests the net benefits of a proposed rule by subtracting the rule＇ s total costs from its total benefits. The experiences of US suggest that there are strong and effective objections to present major refutations of cost-benefit analysis. Compared with feasibility ap- proach, absolutist approach and intuitive balancing approach, cost-benefit analysis has obvious ad- vantages. If cost-benefit analysis is applied in administrative legislation assessment in China, en- vironment, public health and other factors will be considered scientifically. It will help the govern- ment to improve the quality of administrative legislation efficiently to apply the cost-benefit analy- sis in the way from a procedural rule to a soft rule gradually