Going beyond the analytical model of the holistic state in rule of law discussion, we can classify the rule of law into national and local levels based on the stages and increments of its execution. The phenomenon of ...Going beyond the analytical model of the holistic state in rule of law discussion, we can classify the rule of law into national and local levels based on the stages and increments of its execution. The phenomenon of the local rule of law reflects the stages and incremental progress of building a rule of law China. It has a realistic foundation in society and a profound basis in legal theory. Comprehensively advancing the rule of law in China necessitates giving encouragement and support to construction of the rule of law at the local level. The attempts and experiments of local government enable us to explore and innovate the developmental model of the socialist rule of law with Chinese characteristics. The rule of law at the local level is embodied in three dimensions： ＂text--action---concept.＂ Assessment mechanisms and indicators for the local construction of the rule of law should also be established in accordance with this framework. The building of the rule of law at the local level should be synchronized with assessment of the rule of law. We need to optimize top-level design, conduct evaluations of local legislation, improve local rule of law work performance assessment and use a nile of law index to assess the local rule of law in an overall manner.展开更多
Over the past ten years, China has seen a number of practices exploring the evaluation of the rule of law. It is important that we sum up the practical experience of these evaluations, analyze the problems they encoun...Over the past ten years, China has seen a number of practices exploring the evaluation of the rule of law. It is important that we sum up the practical experience of these evaluations, analyze the problems they encounter, determine their direction nationwide, and put forward constructive ideas. With the issuing of the Decision of the Central Committee of the CPC on Some Major Issues Concerning Comprehensively Deepening the Reform and the Decision of the Central Committee of the CPC on Promoting a Number of Major Issues of the Rule of Law, evaluation of the rule of law faces a transformation both in theory and in practice. The key points in this transformation are having the right orientation, innovative mechanisms and solutions to tricky issues of quantitative evaluation; summing up evaluation of experience; and elevating evaluation to the level of theory. A precondition for its effective evaluation is a scientific mechanism for evaluating the rule of law; in turn, the key to a scientific evaluation is solving the problems in quantitative evaluation of the rule of law; and the necessary requirements for evaluation practice are summing up evaluation experience and elevating it to the level of theory. The key to innovative mechanisms for evaluating the rule of law lies in implementation of the third party evaluation model and in quantitative evaluation that starts with particular programs.展开更多
Constructing a law-based government is a core element of the comprehensive framework for promoting the rule of law in China, while using evaluation to catalyze growth is in line with the incentive principle of managem...Constructing a law-based government is a core element of the comprehensive framework for promoting the rule of law in China, while using evaluation to catalyze growth is in line with the incentive principle of management studies. Since China started to implement reform and opening up over thirty years ago, rule of law development and organizational evaluation have gone through several stages, each with different characteristics. Efforts to build a law-based government have met with success, but what the country now has is essentially still goal-oriented assessment. At present, this suffers from the lack of a clear goal orientation or definition of functions, an imperfect technical system and unsound motivation mechanisms, not to mention the practical problems of each government department going its own way, duplicating evaluations or being left rudderless. Drawing on a combination of value rationality and instrumental rationality and using government performance evaluation to promote the building of a law-based government not only conforms to the spirit of the rule of law and value rationality in government performance, but also strengthens the role of evaluation as an instrument for organizational management. Therefore, we need to create new evaluation theories, expand public participation, introducing diversified evaluating entities, improve technical systems, strengthen institutional buildup, and foster a performance-based culture. In addition, replacing goal-oriented assessment with performance evaluation will help the emergence of a new discipline--the performance evaluation of rule of law government, thus promoting multidisciplinary efforts to integrate and create new public administration theories in China.展开更多
基金the research results of"Research on the Sinification,Modernization and Populrization of Marxist Jurisprudential Theory,"a key project of the National Social Science Foundation(10AFX001)
文摘Going beyond the analytical model of the holistic state in rule of law discussion, we can classify the rule of law into national and local levels based on the stages and increments of its execution. The phenomenon of the local rule of law reflects the stages and incremental progress of building a rule of law China. It has a realistic foundation in society and a profound basis in legal theory. Comprehensively advancing the rule of law in China necessitates giving encouragement and support to construction of the rule of law at the local level. The attempts and experiments of local government enable us to explore and innovate the developmental model of the socialist rule of law with Chinese characteristics. The rule of law at the local level is embodied in three dimensions： ＂text--action---concept.＂ Assessment mechanisms and indicators for the local construction of the rule of law should also be established in accordance with this framework. The building of the rule of law at the local level should be synchronized with assessment of the rule of law. We need to optimize top-level design, conduct evaluations of local legislation, improve local rule of law work performance assessment and use a nile of law index to assess the local rule of law in an overall manner.
文摘Over the past ten years, China has seen a number of practices exploring the evaluation of the rule of law. It is important that we sum up the practical experience of these evaluations, analyze the problems they encounter, determine their direction nationwide, and put forward constructive ideas. With the issuing of the Decision of the Central Committee of the CPC on Some Major Issues Concerning Comprehensively Deepening the Reform and the Decision of the Central Committee of the CPC on Promoting a Number of Major Issues of the Rule of Law, evaluation of the rule of law faces a transformation both in theory and in practice. The key points in this transformation are having the right orientation, innovative mechanisms and solutions to tricky issues of quantitative evaluation; summing up evaluation of experience; and elevating evaluation to the level of theory. A precondition for its effective evaluation is a scientific mechanism for evaluating the rule of law; in turn, the key to a scientific evaluation is solving the problems in quantitative evaluation of the rule of law; and the necessary requirements for evaluation practice are summing up evaluation experience and elevating it to the level of theory. The key to innovative mechanisms for evaluating the rule of law lies in implementation of the third party evaluation model and in quantitative evaluation that starts with particular programs.
文摘Constructing a law-based government is a core element of the comprehensive framework for promoting the rule of law in China, while using evaluation to catalyze growth is in line with the incentive principle of management studies. Since China started to implement reform and opening up over thirty years ago, rule of law development and organizational evaluation have gone through several stages, each with different characteristics. Efforts to build a law-based government have met with success, but what the country now has is essentially still goal-oriented assessment. At present, this suffers from the lack of a clear goal orientation or definition of functions, an imperfect technical system and unsound motivation mechanisms, not to mention the practical problems of each government department going its own way, duplicating evaluations or being left rudderless. Drawing on a combination of value rationality and instrumental rationality and using government performance evaluation to promote the building of a law-based government not only conforms to the spirit of the rule of law and value rationality in government performance, but also strengthens the role of evaluation as an instrument for organizational management. Therefore, we need to create new evaluation theories, expand public participation, introducing diversified evaluating entities, improve technical systems, strengthen institutional buildup, and foster a performance-based culture. In addition, replacing goal-oriented assessment with performance evaluation will help the emergence of a new discipline--the performance evaluation of rule of law government, thus promoting multidisciplinary efforts to integrate and create new public administration theories in China.
