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Research On Local Official's Evaluation System From Perspective Of Nomocracy

Posted on:2017-01-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:W Q WangFull Text:PDF
GTID:1316330533967040Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Since the founding of nation,we have established an local officials' evaluation system(LOES)mainly depended on the Party laws and regulations.Under this evaluation system,local economic performance is a primary evaluation indicator of officials' careers.On the one hand,this evaluation system has promoted the rapid growth of China's economy,on the other hand,it has caused problems.From the perspective of both macroscopic and microcosmic,my research tried to make an exploration into theory of how to establish an evaluation system therebefore in favor of nomocracy.Firstly,based on research background and status,I clarify the approach and innovation point of my research.To realize nomocracy,the using of power in accordance with the law is an important issue;the value and function of LOES still need to be enriched;this research integrades theory with practice,history and reality,domestic and nations,reviews literature and relevant theories,and also observes research status in this doctrine,then concludes difficukt problems and proposes rearch approach and innovation point.Secondly,I examined the basic concepts of LOES in China,as well as its framework and general characteristics.In this research,I define relevant concepts such as local official,LOES;I also clarify the framework of LOES such as the subjects and procedure;then I sort out the development skeleton of LOES,which includes three stages;and I summarize the characteristics of LOES,such as morality-oriented and political fidelity.Thirdly,starting with the power corruption,I will discuss the existing problems of the LOES from different angles such as system and institutional degree.I discuss theoretical problems such as power corruption and institutional rationality;and inquiry the functional defect and structural defect of LOES;explore the problem of institutionalization: first is the process of institutionalization and its four measurement indexs,second is to evaluate the LOES by using the four indexs,third is to reflect the institution failure of efficiency issues of LOES.Fourthly,I reflect the purpose,historical origin and model innovation of LOES.In my research,I clarify the purpose of system,and define a series of problems such as from sole governance to nomocracy;systematic pectinate the historical development from the pre-Qin and Han Dynasties to Ming and Qing Dynasties,and draw lessons from that;I also inspect the model innovation and reinstitutionalization,which includes human being is purpose,etc.As a result,I demonstrate the necessity of the transformation from human-centered to power-centered.Fifthly,based on the principle of Marxism and related law theories,I established the theoretical framework of LOES.In this framework,I clarify the basic theory of LOES.Firstly,the center of nocromacy shall be power;secondly,power evaluation is the means to achieve governing by law,through which officials' power will be bound;thirdly,as a kind of legal power,LOES has characters of validity,legitimacy and evaluability;fourthly,LOES also has time value in promoting rule of law and preventing power corruption.By clarifying point of views abovementioned,I also define the power evaluation: using legal means to evaluate the whole power operation conducted by specific official,whose goal is to normalize,rationalize and justify the power operation,to purify the power and realize the value and function of power.Lastly,based on everything abovementioned,I reconstruct LOES as follows: firstly,I expound the goal,principle and means of LOES,as well as the subject and object,then to make a point that people are the subjects of evaluation,while the object is multiple,made up of officials and power.Secondly,I discuss how to promote related legislation to legalize the expression and operation of LOES.Furthermore,I also discuss some important problems,that is,how to absorb the Party's law and regulation into existing legal system.Thirdly,I analyze the approach to legalize the LOES,such as enhance legal sense of officials,reinforce the transparency of power and social participation,promote the third-party evaluation.
Keywords/Search Tags:Nomocracy, Power, Local officials' evaluation system, Power evaluation
PDF Full Text Request
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