Self-evaluation System Of Administrative Rules

Administrative evaluation system plays an important role in the process ofgovernment reform of developed countries and optimization of administrativemanagement. Since the beginning of1970s, western countries generally implementedadministrative evaluation system and achieved performance management. On thebasis of government performance management practice, it further standardizesadministrative evaluation and establishes law system for administrative evaluationstep by step by legal and administrative orders, administrative evaluation has formedcomplete theoretical system and operation system of developed countries in thewestern. Under the impact of evaluation theory and practice in the western, China hasmade theoretical research on administrative evaluation. Administrative evaluation asan executive mechanism for self-protection, self-correction and self-reflection, whichhas been implemented tentative practice in some places. Now it has achievedimportant consensus and accumulated valuable experience. But from the overall,based on the restricted factors such as concept, technology, system etc, the practicework is still at the beginning stage, which provides a larger space for further study onadministrative evaluation.Administrative regulation plays an important position in modern legal system;its appearance is the comprehensive effect of various social results. In the process ofestablishing government law, the quality of administrative regulations will directlyaffect level of administration by law of government. Administrative regulation as oneof the main forms of administrative legislation, it not only has unusual role ofpromotion effect, but also has a significant impact on private rights and obligations. Administrative system has relatively mature theoretical system and even practicesystem, but so far, research on the practice system is mostly remaining system designin the n concept level, while the final implementation of some system must berealized through certain carrier and this carrier is the content discussed by this thesis,that is the law origin of administrative self-control. This thesis thinks that localgovernment regulation is based on the nature of its inherent characteristics, andrelationships with other sources of law and become one of the most important lawsources in administrative self-control. It uses dimensional analysis on theadministrative self-control system and case analysis on administrative directioninternal control system administrative discretion to prove this conclusion. Therefore,construction of self-evaluation system for current administrative regulation can notachieves the aim of standardizing administrative powers, but at the same time it canmake up the defect of excessive rigid, passive, lack of systematic and scientificguiding ideology of administrative internal supervision in China, establish solidfoundation to realize administrative power-self-control in different fields.Self-evaluation of administrative regulation, refers to the systematic activity ofinvestigation, test, analysis and evaluation on the establishment, implementation andoperation outcome, that means the dynamic process and system for administrativeorganization to establish and implement a series of systems, procedures and methodsto carry out prevention, control, as well as supervision and correction. Self-evaluationof administrative regulation is one important for legal construction system ofadministrative organization, through process of forecast and evaluation, feedbackand re-evaluation to make reasonable judgment formulation perfectness ofadministrative regulation and implementation effectiveness, then further finds defectsexisted in administrative regulation and make targeted overcome as well as timelymake up administrative vulnerability, prevent risks, continually to promote effective implementation of administrative regulation. Although some parts in China havecarried out evaluation of different extent for administrative regulation, and achievedcertain results in practice. But the evaluation study has not formed complete system,and there are many problems exist in our evaluation rules, for example, evaluationtheory is not mature, local government is motivated by interest, low publicparticipation, low information disclosure, these shortcomings have seriously affectedwork efficiency and quality administrative regulation evaluation.Self-evaluation of administrative regulation includes three aspects: the first is thepre-evaluation of administrative regulation; the second is the evaluation ofadministrative regulation in the process of implementation; the third is evaluationafter administrative regulation being implemented over a period of time. This thesis ismainly uses effect and benefit of administrative regulation evaluation as researchobjects, makes timely tracking, overall investigation for administrative regulationshave been implemented, which can investigate whether the legislative purpose hasbeen achieved or not, makes analysis on relevant provisions whether are suitable forthe actual situation or not, and gets just evaluation conclusion. This can effectivelytest the actual effectiveness of government legislation quality and measure design ofadministrative regulation, which can timely find the existing problems and provideimportant basis to further improve government legislation. Self-evaluation does notrefer to administrative organization makes full use of their resources to carry outevaluation, actually, the organizations can not completely rely on its own to identifytheir own weaknesses. In the process of self-evaluation, the administrativeorganization can make use of external resources to improve information, thisinformation is generally much more feasible than inspection, and as long as forcollection, analysis and interpretation of information, you can keep these resources.The purpose of this study is regard self-evaluation of administrative rules and regulations as an important management and testing tools.This thesis is divided into two parts: theoretical content and system constructionof self-evaluation system in administrative regulation. Whether the quality ofadministrative regulation is high or not, we should see its effect in the final practice.In order to solve the problems of evaluation in local administrative regulation,motivate the power of administrative organization to evaluate administrative rules andregulations, this thesis designs the path of self-evaluation of administrative regulationsuitable for China, puts forward some constructive countermeasures and suggestion,the first is to explore and establish the theoretical basis of self-evaluation ofadministrative regulation, the second is to establish the subject of administrativeregulation self-evaluation and improve citizen participation system; the third is toestablish index system of administrative regulation self-evaluation, and provide animportant criterion for self-evaluation system; the fourth is to perfect the applicationsystem for regulation evaluation and guarantee fundamental aim of self-evaluation;the fifth is to establish supervision and accountability system of self-evaluation,provide lasting power for self-evaluation of regulation.In a word, self-evaluation work of administrative regulation is one kind ofpioneering work; it is one kind of serious and high-tech work. This can not onlypromote the administrative organization to consciously improve legislation, improvepertinence and maneuverability of administrative regulation, effectively safeguardand realize unity of legal system of the state. Therefore, for the construction ofself-evaluation law system of administrative regulation during exploration, the keypoint is to allow for diversity of local exploration and practice, on this basis, theself-evaluation law system of administrative regulation should be better and suitableand promoted in China, then it may be finally selected. This thesis combines practiceof evaluation in Chinese legislation and legislation evaluation practice in recent years, it makes illustration and analysis on the basic theory and the system establishment ofadministrative regulation so as to have some benefit to establish and improveadministrative evaluation system in China, it also enable local administrative systemcombine with other systems, better implement report put forward in18th CPCNational Congress with further and higher requirements accelerate administration bylaw.