中国法治政府建设指标体系的构建

Building an Indicators System for the Construction of Government by Law in China

中共十八届三中全会提出了"建立科学的法治建设指标体系"的重大任务。"法治政府建设指标体系"是其中牵涉面最大的一部分,其设计任务紧迫而艰巨。虽然地方各级政府和学界都积累了一些有益经验,但无论是地方政府考评采用的还是学界研发应用的指标体系目前都存在一定缺陷。完善法治政府建设指标体系,需深入剖析法治政府的内涵特征,廓清法治政府的争议边界,紧密结合中国法治政府评估实践经验所揭示的发展趋势和特征,综合运用相关学科知识和研究成果,以全国适用、进路合理、功能彰显、公信力强为重构目标,在行政保障、行政行为与行政效果的框架下展开设计,运用科学方法分级列出各项指标并赋予合理权重,以确保整套指标体系的科学性。

The Third Plenary Session of the 18 th Central Committee of CPC put forward the important task of″setting up a scientific indicators system for the construction of rule of law.″″The indicators system for the construction of government by law″（the ISCGL）involves various aspects of the indicators system of the construction of rule of law,and the task of its construction is urgent and arduous.Though local governments and academics have commenced corresponding researches and practices and gained some experience,the current indicators systems are still imperfect,and none can guarantee such favorable assessment results as to be promoted or applied on a nationwide scale.Under this background,it is urgent to build a scientific and systemic indicators system for the construction of government by law.The idea of″government by law″is the foundation of the construction of ISCGL.To improve the ISGLC requires further analysis of the connotative characteristics of government by law and aclearer demarcation of its controversial boundaries.To understand the connotation of government by law,it is essential to avoid the definition plight through quantitative analysis,harbor a holistic view of the rule of law,emphasize the dialectical unity of the formal and the essential aspects of the rule of law and embrace the outlook of development.Practical experiences should not be ignored.Based on the practice of″the assessment of rule of law in Yuhang District of Zhejiang Province″and theoretical preparation of academics,the local governments and the Research Institute of Government by Law of CUPL commenced their practical exploration.The samples of local governments show that although the overall pattern of the indicators systems in different regions is uniform,their paths of internal logic are not.Furthermore,the indicator scores show significant differences.The samples of Research Institute of Government by Law of CUPL indicate that the intrinsic requirements of government by law are not fully reflected：the indicators system has comprehensive coverage,but is still not well elaborated;every indicator depends on external observability;and the method of average assigning score is generally used.The two types of indicators system have obvious differences in the nature,function,scope and coverage,which reveal the common problems of these indicators systems：more works should be done to achieve the goals;their design idea needs to be readjusted;their effectiveness needs to be improved;and more attention should be paid to public participation.Based on the theoretical and practical analysis,with national applicability,reasonable access,prominent functionality and high credibility as the goals,and with administrative support,administrative behaviors and administrative effect as the basic framework,we designed ten first-class indicators,namely system construction,organization and leadership,government functions,team construction,executive decision,administrative enforcement,administrative supervision,making government affairs public,precaution against and resolution of social conflicts and administrative effect.Combined with the principles of designing scientific indicators and assigning scores,we constructed the whole indicators system.Naturally,no indicators system is perfect,and it involves a process of constant improvement.The problems which appear in its application and timely analysis and modification will gradually improve the scientific indicators system of the construction of government by law.