How to evaluate the American economy

The main content of the constitution is to establish a federal state, and each state has greater autonomy, including legislative power; The political system of separation of powers is implemented, and the legislative, administrative and judicial powers are separated and restricted each other. According to the Constitution, the executive power belongs to the President, and the power of heads of state and government is concentrated in the hands of the President, who is also the commander-in-chief of the armed forces and is not responsible to the National Assembly. The president's executive orders have the same effect as the law. The President is indirectly elected for a term of four years. The government cabinet consists of ministers and other members appointed by the President. In fact, the cabinet only plays the role of assistant to the president and advisory group, and has no collective decision-making power. Congress is the highest legislative body, consisting of the Senate and the House of Representatives. The main functions and powers of Congress are: legislative power, administrative supervision power, treaty and official appointment approval power (Senate) and constitutional amendment power. The right to reelect the president and vice president, etc. Members of the two houses are directly elected by the voters of each state. Each state has two senators, *** 100, with a term of six years and re-election every two years, which is 1/3. The House of Representatives is elected in proportion to the population of each state, with a total of 435 members. The term of office is two years, and all of them will be re-elected at the expiration of their terms. Members of both houses can be re-elected indefinitely. All members of the Senate and the House of Representatives are full-time, and may not hold government posts concurrently. In addition, Congress can pass resolutions that don't need the president's signature, and they have no legal effect. Congress has the power to impeach the president, vice president and officials, the power to propose impeachment belongs to the House of Representatives, and the power to try impeachment belongs to the Senate. The United States has the Federal Supreme Court, federal courts, state courts and some special courts. The Federal Supreme Court consists of the Chief Justice and eight justices, who serve for life. The Federal Supreme Court has the power to declare any federal and state laws invalid.

economy

First, the development track of American regulatory impact assessment

With the rapid economic growth, the upgrading of industrial structure and the rigidity of regulation after the war, the conflict between market and regulation has become more and more serious. The "trinity" supervision mode in which regulatory agencies have semi-legislative, semi-administrative and semi-judicial powers at the same time leads to the expansion of institutions and the abuse of discretion, which poses a severe challenge to the federal government who will supervise regulatory agencies, that is, who will review the rules of independent regulatory agencies and limit their abuse of discretion. Therefore, in 197 1, President Nixon established the Office of Management and Budget in the Oval Office? OMB for short, OMB will review the White House cabinet management regulations. Since then, successive presidents have requested regulatory impact assessment of regulatory policies through executive orders.

1974, President Ford signed an executive order 1 182 1, requiring any administrative agency to make important legal suggestions or publish important laws and regulations to have an evaluated inflation impact report. At the same time, President Ford also set up the Coordination Committee for Wage and Price Stability in the President's Office to monitor the impact of economic behavior of the government and the private sector on inflation; 1978, president Carter signed the executive order 12044, asking the administrative organs to analyze the economic impact of the proposed regulations and the economic results of the main alternatives. At the same time, President Carter also set up a regulatory analysis and evaluation team to evaluate the ten most important regulations every year. 198 1 year, President Reagan signed the executive order 1229 1. This executive order is quite different from the previous order in terms of regulations on regulatory review. In the past, administrative orders only required administrative organs to analyze the cost-benefit of important laws and regulations before they were published, but the orders required that laws and regulations should not be regulated unless the potential social benefits exceeded the potential social costs. The goal of regulation should be to maximize the social net income, and among all the schemes to achieve the established control goal, the scheme that can minimize the social net cost should be chosen. Any major regulation whose economic impact exceeds $6,543.8 billion submitted by any institution must submit an analysis report on the economic impact of the regulation. 1980, the U.S congress established the office of information and regulatory affairs in OMB? OIRA for short? , focusing on reviewing the draft regulations of regulatory agencies and evaluating the costs and benefits of supervision; 1993, president Clinton issued executive order 12866, which reformed the concept, methods and procedures of federal supervision. At the same time, the executive order brings the rules formulated, promulgated and implemented by independent regulatory agencies into the scope of OIRA management, and requires that the rules be designed in easy-to-understand language and with minimum social cost; In 2002, President Bush issued Executive Order 2002. Executive decree 13258, which amended the regulations on the duties of the vice president. 12866.in 2007, president bush signed executive order 13422, which further revised executive order12866, emphasizing the requirements for regulatory agencies to formulate rules and formulate unified regulatory guidelines.

Second, the basic procedures and principles of regulatory impact assessment in the United States

The procedure of regulatory impact assessment in the United States is mainly divided into three stages, namely, pre-assessment stage, audit assessment stage and post-assessment stage.

In the first stage, the federal administrative agency drafts laws and regulations and suggestions on the issues that need to be regulated within its scope of authority, and submits a regulatory impact assessment report. The report mainly contains two important contents: first, it is necessary to decide whether this provision is important or not; The second is the possible impact on economy, society and environment after the promulgation of the regulations, and the reasonable explanation of using other alternative methods without regulations. When the draft regulations and RIA report of administrative agencies are ready, they will be submitted to OMB and OIRA of the White House for review.

In the second stage, OMB reviews the draft regulations and analysis reports submitted by various administrative agencies, and OIRA is responsible for the specific work. OIRA examines the draft regulations and RIA reports submitted by administrative organs from three aspects: first, whether the regulations are important regulations stipulated by administrative orders; Second, whether the cost-benefit report of the regulations meets the requirements; The third is to assess the risk of this provision and examine whether this provision conforms to the principle of administrative orders and whether it conflicts with or duplicates the provisions of other administrative organs. The audit period is 90 days. If approved, it will be published in the Federal Gazette, and the public or relevant institutions can evaluate the published draft for at least 60 days. If it doesn't pass the OIRA audit, it will be returned to the administrative agency or required to be revised again.

In the third stage, the Federal Gazette issued the final regulations, which will take effect 30 days later. 1 year later, the regulators assessed the costs and benefits of implementing the regulations, while OMB and OIRA assessed the costs and benefits of all federal regulations in that year and submitted a report on federal regulations to Congress. At the same time, Article 624 of the Law on Finance, Posts and Telecommunications and General Government Appropriations 200 1 stipulates that all regulations within five years shall be comprehensively inspected and audited every year to determine which existing regulations are playing an active role, which need to be revised and which need to be abolished.

The principles of American regulatory impact assessment mainly include: the administrative organ should identify the regulatory issues to be raised and evaluate their importance; Administrative agencies should design laws and regulations in the most cost-effective way; The administrative organ should not only evaluate the costs and benefits of the proposed regulations, but also realize that some costs and benefits are difficult to quantify. Only after argumentation can it be concluded that the benefits of the proposed regulation are enough to justify its cost, and then it can propose or pass the regulation; The administrative agency shall decide on the proposed regulations based on the reasonably available scientific, technical, economic and other relevant information and guidance documents; Administrative agencies should evaluate the impact of federal regulations on local governments; Administrative organs should avoid contradictions and duplication between laws and regulations or between laws and regulations of different federal administrative organs; Administrative organs should fully consider the cost of regulation, so as to minimize the burden on individuals, enterprises and other subjects; The rules drafted by administrative organs should be concise and easy to understand, so as to minimize the potential uncertainty and litigation caused by uncertainty; Wait a minute.

Third, the enlightenment of American regulatory impact assessment practice to China.

There are many problems in the efficiency of China's current regulatory policy, such as poor performance of the regulated industry, lack of competition mechanism, unreasonable price formation mechanism and unreasonable regulatory mechanism. Therefore, it is undoubtedly of positive practical significance to learn from the good experience of developed countries such as the United States in the practice of regulatory impact assessment and introduce China's regulatory impact assessment system in time to improve the efficiency of our government in formulating and implementing regulatory policies. However, at present, China has only initially implemented the regulatory impact assessment system in the field of environmental supervision, and the implementation effect is not ideal for various reasons. Generally speaking, the enlightenment of American regulatory impact assessment practice to China mainly includes:

First, change ideas and establish a regulatory impact assessment system suitable for China's national conditions as soon as possible. The concept of regulatory impact assessment is new to the government and the public, and people don't have a deep understanding of its theory and method. Therefore, at present, the key to the establishment of regulatory impact assessment system in China is the change of concept. At the same time, as pointed out by OECD, there is no single model for regional integration arrangement, and its design must take into account the political, social, cultural and legal background of the countries concerned. Therefore, it is necessary to design an RIA system that conforms to China's national conditions on the basis of summarizing the practical experience of regulatory impact assessment in various countries.

The second is to formulate and improve the corresponding laws and regulations to determine the legal status of regulatory impact assessment. Formulating corresponding laws and regulations is an important guarantee for promoting regulatory impact assessment. The determination of the legal status of regulatory impact assessment is helpful to ensure the consistency of impact assessment of all major regulatory policies and regulatory impact assessment practices. Therefore, we must formulate and improve the corresponding laws and regulations as soon as possible, and determine the legal status of regulatory impact assessment, so that there are laws to follow and evidence to follow.

The third is to establish an independent regulatory impact assessment agency. The practice of regulatory impact assessment in the United States for many years shows that the establishment of regulatory review and coordination institutions at the central level can avoid regulatory conflicts and duplication, avoid regulators being captured by interest groups, ensure the implementation quality of rules and regulations, and thus improve regulatory performance. Therefore, in the process of regulatory reform in China, an independent regulatory impact assessment agency should be established as soon as possible to improve the regulatory quality in China.

The fourth is to train supervisors and let the public widely participate in the process of regulatory impact assessment. The formulation of regulatory impact assessment system requires high quality of regulators. Although there is no formal regulatory impact assessment institution in China at present, it is of great significance to train existing regulatory personnel to promote the construction of regulatory impact assessment system in China. At the same time, in the process of establishing the regulatory impact assessment system in China, the public and relevant interest enterprises should also participate, and the final RIA report should be clear and easy to understand.

culture

The main content of American culture is to emphasize personal value, pursue democracy and freedom, advocate pioneering and competition, and stress rationality and practicality. Its core is individualism: the supremacy of the individual, the supremacy of selfish desires, the pursuit of personal interests and personal enjoyment, and the ultimate realization of personal value through personal struggle and personal self-design. This individualism, which deliberately shapes itself and pursues individuality, has both positive and negative aspects. It mobilizes the enthusiasm of individuals and enables many people to give full play to their wisdom and potential, thus promoting the rejuvenation and development of the whole nation and country. But if everyone takes me as the center, it will be difficult for interpersonal relationships to be harmonious and the whole society will lack cohesion.

The American public pays attention to achievements and worships heroes, and has a deep psychological accumulation of achievement worship and hero worship. Personal achievement is one of the most valued values among all American values. Americans have a strong sense of accomplishment. Success is the pursuit of all Americans, an attractive prospect and a driving force for progress. They firmly believe that a person's value is equal to his achievements in his career. Some successful entrepreneurs, scientists, artists and various stars have become heroes of the new era. The process and results of their personal struggle have become the reference system of social and cultural value orientation and the living teaching materials for parents to educate their children.

America is a highly mobile society. This kind of mobility is reflected in two aspects: regional mobility and social mobility. The relatively open, free, developed transportation and adventurous traditions in the United States have made many Americans flow from the countryside to the cities and from the city center to the suburbs. It flows from the north to the south sunshine zone and from one city to another. The social stratum in the United States is not as fixed as that in European countries, and the popularization of public education makes it possible for the social ladder to move upward. Many people living in the United States, whether native Americans or foreign immigrants who came to the United States across the ocean, have a dream, that is, to change their social status and realize their dreams of life through their own efforts. This is what people often call the "American Dream".

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