The Research On Institutionalization And Legalization Of Local Government’s Performance Management

The 18 th National People ’s Congress of the Communist Party of China put forward that we should "Innovative Administrative Management,improve the government’s credibility and execution,and promote Government Performance Management"."The outline of the construction of government under the rule of law(2015-2020)"promulgated by our central government in 2015 requires that we must strengthen the supervision and evaluation of the construction of the government under the rule of law.And promoting the construction by evaluation and management.This deployment has consistency with the idea and experience of the legalization of government’s performance management in the Western.Government’s performance management is an innovative mean of government management,which embodies value rationality and the instrumental rationality.It also inheritance the connotation of the construction of the government under the rule of law.In the Chinese reality,the construction of institutionalization and legalization for local government’s performance management meeting the requirements of running the country in accordance with law,and the reform of the administrative system.Government’s performance management has important practical significance and theoretical value."Legalization is a kind of special form of institutionalization." The legalization of government’s performance management means the process of making the mechanism of evaluation of local government’s manage process and result fixed by law,including the methods,standards,procedures,organizational processes,rights and obligations,remedies and results application which provides legal basis and legal protection for the government’s performance and evaluation.There are some problems with our country’s government performance management because we lack of legal basis,such as the evaluation right is not clear.Government performance management legislation involves the Constitution,Administrative Law and Public Management.This paper uses the analysis method of public management and law,on the basis of summing up the performance management in China and abroad and its legal process and experience and the practice of Foshan,makes the status quo as the logical starting point,according to government performance management theory,the theory of government by law and local legislation theory,explores the core problems of institutionalization and legalization of local government performance management which includes the inevitability of law,the text content of law,the rights and obligations of related subjects,the path and countermeasures of law and so on.The main conclusions of this paper are as follows.First,the development of government performance management is closely related to the construction of the rule of law,and legalization is the real demand and the only way of local government performance management.Second,in the content of local government performance management legislation,the most important lies in clear leadership system,function orientation,index system,performance target,evaluation process,result application and appeal relief system.Third,the legalization of local government performance management should be based on the establishment of performance-based government to promote the rule of law as the goal of positioning,"good law" as the concept-oriented legislation first.Forth,in the process of formulating local government performance management,we should correctly handle the relationship between performance legislation and other personnel systems,the uniformity and difference of the content of legislation,performance legislation and public policy,and the local laws and regulations.The characteristics of this paper are as follows.In theory,around the legalization of government performance management needs,the integration of government performance management theory,legal government theory and local legislation theory,we put forward that the government performance management is the goal management under the performance-oriented.The legalization is the concrete embodiment of establishing the government under the rule of law and realizing the national governance system and ability modernization.In research method,this paper emphasizes the case analysis,with Foshan as a sample,the legal norm analysis method and the public management science quantitative analysis means together.In fact,under the background of the overall rule of law and the five major development concepts,with the status of Foshan in China’s social and economic development,Foshan,the performance of legal management practice is forward-looking and exemplary,is a local rule of law government building samples.