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Research on Improving the Quality of Legislation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 43(1), pp.485-502
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

PARK KYUN SUNG 1

1경희대학교

Accredited

ABSTRACT

There has been working for enhancement of the legislation quality in the advanced nations. But in the meantime, we almost were not paying attention to enhance the quality of legislation, because we were busy ourselves about responding to the many legal demand that was based on the rapid social development in our country. In this article, I reviewed the problems of the current system and tried to find their solutions from the perspective of improving the legislation quality. The problems of the current system on improving the legislation quality are the issues of lack of unconstitutionality pre-control, lack of legislation reason, lack of legislation assessment, lack of legislation expertise, lack of government legislation plan, lack of legislative procedures, the existence of unnecessary laws and difficulties in regulations. The ways improving the current system to enhance the quality of legislation are the following. 1) It is necessary to define the constitutionality review as one of the examination items in the legislative process explicitly. 2)The legislative reasons should be presented in the legislative bills fully. In particular, they should be provided by individual articles. 3) They should clarify the basis of a law revision, the compliance with the related laws, ordinances and process. 4) They should phase in the evaluation system of legislation. It should endeavor to make a good environment for the assessment evaluation system of legislation. 5)The officer's ability in legislation should be strengthen. It is necessary to strengthen the training of the legislative officer, and interchange between civil servants of legislative review agency and legislative bill making agency. And it is also necessary to expand the participation of outside experts on legislation. 6) They should enhance the effectiveness of legislative planning system. 7) The system of hearing and others should be enhanced for the party in interest. 8)They should estimate the quality of legislation that lawmakers proposed. The evaluation of the legislation by civic groups should be enforced with the quantitative assessment as well as the qualitative one. 9) The legislative necessity should be clarified as one of the examination items in the legislative process explicitly, so that they can't make a law unnecessarily. 10)The laws and regulations should be easy for the individuels regulated by them to understand.

Citation status

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