Font Size: a A A

Study On The Administrative Evaluation Legal System

Posted on:2013-02-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y P DuFull Text:PDF
GTID:1116330371979145Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Under the development tendency of modern society, administrative power hasbeen enlarged in terms of both extension of its intensity longitudinally and expansionof its action sphere laterally. That is to say, the terminalization or microscopicalizationof administrative power has more and more penetrated into details of private and sociallives. Since the problems of china governed by law is mainly administrative rule bylaw, there's a requirement to promote administrative system reform and governmentconstruction on itself for realizing government by law. Therefor, we should seek newimpetus resources and approaches available to development of administrative rule bylaw. Nowadays, scholars pay close attention to stuy the administrative self-restrain,that is to rethink and explore the unique developing way of china administrative ruleby law from the point of administrative self-restrain, which refers to a kind ofautonomous administrative behaviors operated in the limination of legality andreasonableness through administrative subjects consciously restraining theiradministrative acts, the self-restrain of administrative subjects against their potentialmaladministration, including self-preventation, self-finding, self-restraint andself-correction and a series of setting systems. Legal system of administrativeevaluation acting from inside of administrative systems, is undertaken to evaluateadministrative rules, administrative regulations, regular documents, and quality ofadministrative decision as well as legality reasonableness and operability of civilservants'execution, which has intensified concept of administrative self-restrain,aiming at building the subjects of evaluation, defining the content of evaluation ,regulating the procedure of evaluation and selecting methods of evaluation from insideof administrative systems. Legal system of administrative evaluation is an importantsystem for administrative subjects self-control, and a system choice for government topromote self-competence construction and administrative system innovation, as well asa effective approach to restrain and control administrative power through innerregulation. Administrativ evaluation not only values"quantitative analysis"on administrativebehavior itself, but also gives considerations to its"actual effect", making an objectiveevaluation of administrative behavior through a comprehensive and in-depth analysison it. It is just through results of administrative evaluation that examing the scientificyof target setting and validity of selection of administrative behaviors. That is to say,through implementing administrative evaluation, level and quality of administrativeexecution is able to be tested effectively. If administrative subjects exercisingexecutive power, can take the initiative to curb the illegal or improper administrativeactions, thus standardizing their power implementation and realizing self regulation ofadministrative power, then administrative subjects will be endowed with high capacityin self-restraint, which is bound to enhance civial servants'executive level and quality.Administrative subjects shall use administrative evaluation reguiring then to beacquainted with that whether an administrative act processes legality, reasonablenessor operability procedurally and in jurisdictions so as to inspect whether an administrativeaction obtains an evident effect in practice and whether it's campatible with socialeconomic development.On the basis of above mentioned, the dissertation includes five chapters toestablish the framework of legal system of administrative evaluation, that is, introductionof legal system of administrative evaluation, theoritical basis and its action of legalsystem of administrative evaluation, content of administrative evaluation, methods ofadministrative evaluation and procedure of administrative evaluation. It makes aninterpretation of the system from two aspects including entity and procedure.The first chapter of dissertation is an introduction of the system.It begins with adefining the definition of legal system of administraitve evaluation, pointing outconcept feature of its spontaneity, procedurality and speciality and also definingdistinctions between administrative evaluation and relevant concepts. Then it makesclear the basic principle of openness, impartiality, comprehensiveness and objectivenesswhich should be upheld in the course of implementing administrative evaluation.Tracing intercourse of system of administrative evaluation to ancient times, fromwhich we draw inspiration, we use ancient practice and foreign experience forreference on basis of hacking sequence of development of foreign administrativeevaluation system. Finally, through contrast and study on practical selection of foreignand china evaluation subjects, the subjects of administrative evaluation have beenreconstructed, specifically including four types as evaluation by a superior administrative subject toward subordinates, evaluation by an inferior administrative subject towardsuperiors, mutal evaluation among administrative subjects at the same level and selfevaluation of an adminisreative subject.The second chapter illustrates theoritical basis and its effect of legal system ofadministrative evaluation. Along the trace of development of evaluation about officialsin ancient times, the system of administrative evaluation, a historical heritage fromchina's evaluation about officials in ancient times, an approach reference of westernofficials'management and regulation system, and an exploration on realized methodabout concept of administrative self-restrain. Moreover, affected by ancient cluture that"Regard Officials As Teachers"and along with the continuity of traditional lawcultures. The construction of the legal system of administrative evaluation is conduciveto the construction of government ruled by law, is conducive to maintaining theharmonious relationship between the officials and the people, is conducive to savingevaluation resources, is conducive to prediction and prevention on the abuse ofadministrative power.The third chapter is the content of legal system of administrative evaluation. Itclarrifies the system into great variety according to distinctness among times, subjects,and evaluated objects of the system. It introduces concret content of foreign countriescurrently implementing evaluative system including evaluation index selection basedon government operating process,"3E"index system on government administrativefunction. Especially the experiences from citizen guidence, scientification of content,systemization and legalization construction, subjects diversafication, and continousextension of domains of administrative evaluation are what we should draw lessonsfrom. In view of the situation that currently evaluation practice in our local authoritiestakes on phenomenon of multi-tiered, broad covering, in the light of local conditionsand not at the same, the author of dissertation tries to set the firs-grade evaluationindex of legality, reasonableness and operability and detailed second-grade evaluationindex in perspectives of administrative decision-making, administrative regulationsand law enforcement by civil servants in order to propose improvement of concretecontent for our country's administrative evaluation.The forth chapter elaborates on methods of administrative evaluation. At present,our country adopt qualitative evaluation methods more frequently and qualitative andquantitative integrating method sometimes of administrative evaluation. Althoughdigital and quantitative standard is always taken in application in evaluation methods, not all of administrative behaviors can apply to quantification simply. Foreignimplementation of administrative evaluation adopts many methods on a wide scaleincluding quantitative evaluation method, benchmarking method, balanced scorecardmethod and cost-profit method put into use according to different objects in view offoreign method selection for administrative evaluation, combining the problem ofsingle methods in evaluation implementation, the dissertation propose how to improvethe methods for administrative evaluation. Concrete measures for improwing is toapply methods as public participation namely questionnaire investigation, expertsparticipation method, namely absorption views of experts and scholars, quantitativeevaluation and qualitative evaluation combing method, balanced scorecard method,benchmarking method, independent evaluation and systematic evaluation integratingmethod and cost-profit method to evaluation for the legality, reasonableness, andoperability in administrative behaviors.The four chapters above elaborate about entities of administrative evaluation.Administrative by law demands not only legality of entities but legality and impartialityprocedurally of administrative behaviors. Administrative implementation should giveconsideration to both public and private interests and more importantly concern aboutthe balanced characteristic of public service. Therefore, the fifth chapter present theprocedure of administrative evaluation. Construction of administrative evaluationprocedures should not only stress value and significance of procedure but also considerwhether procedure construction campatible with our country's tradition and establishedthe intrinsic contact with substantial issues such as content and methods ofadministrative evaluation. This is also applied to administrative evaluation enforcementrequring relevant procedural regulation, according to which we ensure administrativeevaluation practice orderly and subjectively. Aming at the problem that our country'slocal authority place more emphasis on entities than procedures in their implementingadministrative evaluation, the dissertation uses concret measures taken by foreignimplementation for reference and propose improvement scheme of our country'sadministrative evaluation procedure from two aspects of general procedure andparticular procedure. For general procedure it inclues five stages as workingpreparations in earlier stage, evaluation scheme designing, evaluation index systemestablish, enforcement of evaluation, and results of evaluation and then these fivestages are concretly taken in application of evaluation on abstract administrative behaviors and official's execution, which is to be perfected as particular procedure.In a word, although the research on legal system of administrative evaluation isstill on initial stage and many concret details in system practice are also to becontinuously explored and perfect. The author believe constant optimizationaladministrative self-restrain concept and practice shall inevitably give real and effectiveimpetus to fine operation of legal system of administrative evaluation.
Keywords/Search Tags:Administrative evaluation, Evaluation subjects, Evaluation content, Evaluation methods, Evaluation procedure
PDF Full Text Request
Related items