美国立法成本——效益评估制度化的历程考察

The Process Inspection of The Cost——benefit Assessment Legislative System in The United States

成本—效益分析方法已经成为美国立法过程的必经程序,在立法者制定涉及不同利益团体的法律法规时,在很大程度上可以排除政治偏见,另外,该项评估制度可以有效地节约立法成本和行政管理成本。美国的立法成本—效益评估制度历经尼克松政府到奥巴马政府近半个世纪,并通过一系列的行政命令将其确定下来。在考察美国成本—效益评估制度历史进程的基础上,总结制度确立的发展规律,探究其对美国立法制度和程序的影响,以提出我国建立健全成本效益评估制度的建议。

Cost-benefit assessment method has become a must in legislation process in the United States; with its help, it is possible for lawmakers to largely reduce political prejudice during making a law. Also this method could effectively save legislation cost and administrative management cost. The Cost-benefit Assessment Legislative System of the United States are gradually established by Executive Orders and has been gone through about half century, from Nixon to Obama. In order to make suggestion in establishing China＇ s all-rounded cost-benefit assessment rules, we are supposed to review history of this system, to summarize its development way and to explore its influence on legislative system and process.