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The Rule Of Law Evaluation From The Perspective Of Multidisciplinary And Its Empirical Study

Posted on:2022-06-11Degree:DoctorType:Dissertation
Country:ChinaCandidate:L J WangFull Text:PDF
GTID:1486306731499904Subject:Technology and education management
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The rule of law evaluation is a new tool of scientific management,which integrates multidisciplinary theories and methods such as law,management,pedagogy,statistics,and computer science.It is a product of interdisciplinary integration and a current academic hot issue.At the same time,it also responds to the requirements of the Ministry of Education for the construction of “New Liberal Arts”.At present,great achievements have been made in the construction of the rule of law in our country.The evaluation of the rule of law can not only test the achievements of the construction of the rule of law but also promote its construction,which has been widely used.And provinces and cities have also made some achievements.However,at the national level,there has not been a unified standard for evaluating the rule of law,nor a basic theory and methodology.Based on the requirements of the new liberal arts,which are the integration of arts and sciences and Interdisciplinary,this study adopts the comprehensive use of quantitative and qualitative research method to construct a regional rule of law evaluation index system model.Concept of the rule of law has existed the essence of the rule of law and the form of the rule of law since ancient times.From the effectiveness of the rule of law view,this study dissolves the binary confusion of the concept of the rule of law,and defines the concept of evaluation of the rule of law.Through the study of existing research results at home and abroad,defining and showing elements and structure of the rule of law evaluation.This study constructs an evaluation indexes model of the rule of law constituted by six dimensions including of law-based governance,scientific legislation,law-based government administration,judicial justice,social rule of law and legal guarantee.Based on this framework,the study conducts the investigation and comparative analysis to the rule of law evaluation indicator elements and practice.It reveals problems of the rule of law evaluation in practice such as the confusing top design concept,the unclear standard design orientation,the simplistic terminal index selection and weight allocation method,the defective third-party evaluation mechanism and the deficient reliability validity.This study points out that the theoretical origin of rule of law evaluation is rule of law theory,performance management theory and social index theory.These three theories make interaction and mutual effect,thus shaping the coupled rule of law evaluation theory.This study used Delphi method,utilizing the expert's multi-poll consultation to determine the evaluation index,and then used the analytic hierarchy process(AHP)and principal component analysis(PCA)to measure the weight of the indicator.The research on methodology is mainly based on the domestic and foreign experience of rule of law evaluation,combining China's reality,it is proposed that we should adhere to scientific evaluation,apply the method combining quantitative and qualitative research,and actively try the research methods of computational law under the background of big data.Based on these methods,the first,second and third indexes and weights of rule of law evaluation are selected and determined.After empirical research on H province,the indexes were tested by factor analysis,consistency test,validity and robustness analysis.The results show that the model of rule of law evaluation index model in this study is a structure with clear hierarchy,proper index selection and reasonable weight distribution.The index design of the model embodies the principle of organic combination of subjective index and objective index,universal index and special index,internal index and external index.The weight distribution is reasonable and the evaluation method is appropriate.It basically realizes the functions of the rule of law evaluation,such as self-inspection,public participation,direction guidance,understanding of the rule of law,problem discovery,error correction,and forcing development.This model not only optimizes the division of the rule of law evaluation indicators,but also makes the hierarchy more distinct and the interaction among the dimensions clearer.Moreover,it optimizes the elements of each dimension,and solves the problems existing in the rule of law evaluation practice,such as unclear design concept,fuzzy guidance and unreasonable weight allocation,which is of significant operability and guidance for the rule of law evaluation.In general,this study constructs a model of rule of law evaluation index from the perspective of effective rule of law and the multidisciplinary,which has a clear structure and hierarchy,effective reliability and validity.The innovation of this study lies in the following aspects.First,under the guidance of the new liberal arts concept,integrating the liberal arts and sciences,this paper conducts an in-depth study on the rule of law evaluation by comprehensively applying the theories and methods of management,law,education,statistics and sociology,and puts forward a scientific construction of the rule of law evaluation system program,as well as the development of rule of law evaluation recommendations on the basis of the theory of multidisciplinary.Second,it applies the theory of “effective rule of law” to guide the study and practice of rule of law evaluation,instead of the traditional “normative rule of law view”,and tries to realize the leap of rule of law evaluation theory.Thirdly,it constructs a model of rule of law evaluation index at the provincial level,and applies it in H province.It also introduces a meta-evaluation method to test it.From the public literature,this is the first time in the country.The theoretical contribution of these research results is clear,which not only clarifies the existing research on the concept and evaluation method of rule of law,but also constructs the rule of law evaluation index model.Moreover,based on the perspective of discipline coupling,it further optimizes the evaluation theory and further clarifies the logical relationship and mutual influence of various subjects in the rule of law evaluation.It advances the theoretical research of rule of law evaluation and has positive contribution to the deep understanding of the complex structure of rule of law evaluation.From the perspective of practice,this study used the aforementioned rule of law evaluation index model to evaluate the rule of law construction in H province,and calculated the overall rule of law index of H province to be 74 by using statistical analysis method,and wrote the evaluation report.And the study conducts an in-depth interpretation from the perspectives of evaluation scores,evaluation subjects,evaluation indicators,etc.,constructs a regression model,decision tree model and random forest model to analyze the satisfaction survey,points out the deficiencies in the evaluation,and proposes perfect countermeasures and policy suggestions.This research also puts forward the basic path for the optimization of the rule of law evaluation: strengthening the concept of promoting construction by evaluation and adhering to the top-level design,optimizing the technical path of rule of law evaluation,deeply applying the key performance indicators(KPI),developing independent third party evaluation,establishing a database to promote the evaluation method of computational jurisprudence and promoting meta-evaluation procedures to build quality evaluation.This study provides useful guidance for the reconstruction of rule of law evaluation theory,optimization of rule of law evaluation index system and promotion of rule of law construction under the background of new liberal arts.This paper has 59 figures,58 tables and 219 cited references.
Keywords/Search Tags:the rule of law evaluation, multidisciplinary integration, the rule of law education, the weight and evaluation method, the effectiveness of the rule of law view
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