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Comparative Research On The Evaluation Of The Law-based Government And The Law-based Society Guided By The Integration Orientation

Posted on:2020-11-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:F M QiuFull Text:PDF
GTID:1366330590961786Subject:Law
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The rule of law is the foundation of national governance.Promoting the integrated construction of a law-based country,a law-based government and a law-based society is the inherent requirement of running the country by law in an all-round way,which embodies the "scientific concept of rule of law" and the "Chinese" and "epochal" characteristics of the development of the rule of law.To sort out the historical context,China's rule of law construction from the early "a law-based country"(1997)to the construction of " a law-based government"(2004),and then to the construction of "a law-based society"(2012),not only reflects the progress of China's construction of rule of law,but also reflects the imbalance and lack of coordination among the three,mainly manifested in the imbalance between the construction of law-based government and law-based society.Based on the goal orientation and strategic deployment of the "trinity" rule of law construction,as well as giving full play to the incentive function of "promoting construction by evaluation",constructing the evaluation system and mechanism,evaluating and comparing the level of a law-based government and a law-based society construction scientifically,finding out the existing problems and analyzing the causes are the logic of the "trinity" rule of law construction,which has important theoretical value and practical significance.Based on the logical thinking of "defining the rule of law?quantifying the rule of law?reflecting on the rule of law" and from the perspective of comparative study,integrating empirical analysis and normative demonstration methods,and taking the "integration" as the goal orientation and theoretical basis,this paper explores the evaluation system and empirical results of a law-based government and a law-based society.Firstly,the integration construction of a law-based government and a law-based society is the key to the "trinity" rule of law construction,and its evaluation and comparison have strong practical needs.Secondly,based on the analytical framework of "technology + value + effectiveness",the basic dimensions of the evaluation of ta law-based government and a law-based society are legal construction,security mechanism,psychological identity and order ruled by law.Objective indicators,expert reviews and public satisfaction measurement constitute the main evaluation methods.Thirdly,the empirical study of G province in 2017 shows that the index of a law-based government is 78.30,and the index of a law-based society is 68.74.There is a big gap between them,especially the two obvious short plate dimensions of judicial justice and social law-abiding.Finally,although there are many factors affecting the level of a law-basedgovernment and a law-based society,the gap between the two is mainly due to our national conditions and the construction strategy of the rule of law,which emphasizes the priority of the construction of a law-based government.Although the main contradictions are grasped,it also leads to the low public recognition of the rule of law and the slow development of social autonomy.Therefore,in order to speed up the integration construction of a law-based government and a law-based society,we should promote the socialization of the motive mechanism of the development of the rule of law and improve the driving force of the local construction of the rule of law,form the main structure of the trinity of "state-government-society".And should rationally allocate the resources of the rule of law and improve the organization of the operation of the rule of law,and improve the public's sense of recognition and acquisition of the rule of law.This paper tries to make some innovations: firstly,the topic selection.Focusing on the issue from a comparative perspective,the thesis is placed in the major practical problems and needs,in which the evaluation and demonstration of a law-based society is a new research field.The second is the system.Integrating the concept of performance evaluation,reflecting the results-oriented and public satisfaction-oriented,and demonstrating the evaluation dimensions scientifically,the comparability between a law-based government and a law-based society is realized.Thirdly,methods.Combining qualitative and quantitative methods of comparative research in the field of rule of law evaluation,we conducted a large sample of social surveys and carried out empirical research.But at the same time,the research on the logical relationship of the evaluation index system between a law-based government and a law-based society is insufficient,and the analysis of evaluation criteria is relatively weak.Further discussion is needed.
Keywords/Search Tags:"Trinity" goal orientation, rule of law construction, law-based government evaluation, law-based society evaluation, comparative research
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