Establishment Of The Legal System Of Government Performance Evaluation In Shanghai

The government performance evaluation system provides a new method to resolve a series of problem in government management. It has realistic importance to change government's function, reform management system and improve government service. So it gains a focus from local government and academy. The research on government evaluation system was mainly in the Public Administration categories and was rarely in jurisprudential circle especially in administrative law circle. But the research on this problem from the view of administrative law is very important to regulate the government performance evaluation system. How to establish the legal system of government performance evaluation will be discussed as followed. Above all the thesis gives a definition of government performance evaluation. Through comprehensive analysis the author answers what is performance evaluation after introducing of many views. In simple words, government performance evaluation is a system that uses measurable indicators to evaluate government's proceeding, outcome, and efficiency in order to improve its performance in achieving some goals. Then the thesis describes the development of the government performance evaluation. The performance evaluation was initially used in industrial and commercial enterprises, and then in government department. Company with the development of productivity, the government performance evaluation had made big progress. In 1993 the Government Performance and Results act was enact in United States. To learn from the experience of United States, the thesis makes a deep research on the Government Performance and Results act. This part analyzes the legislation history, purposes, contents, procedures of the act, and point out its shortages and significance. The third part analyzes the shortages of current evaluation system in Shanghai government. The shortages represent in three aspects. The first one is the lack of multi-estimator. The second aspect is that the evaluation system lack openness. The third is that the evaluation indicators are neither measurable nor normative. All these shortages prove that to build government performance system is necessary. In the forth part the author makes some suggestions of building the legal system of government performance evaluation in Shanghai. Before discussing this problem, the thesis analyzes the necessary and feasibility of building government performance system in Shanghai which is the foundation of the discussion of establishment the legal system of government performance in Shanghai. As follows this part describes that the key of building the legal system of government performance evaluation in Shanghai is to make of law of government performance evaluation. Then describes eight suggestions of the legislation, including legislation purposes, principles, lead agency and its function, contents procedures, rewards and punishment, and redress. In the end of this part, there are some problems must be given attention to of the legislation. One is the legislation must put the emphasis on administrative procedure. Another is the legislation must deal with the relationship of justice and efficiency. The other is the legislation must related government performance evaluation with government information resource management. Finally the fifth part indicates that establishment the legal system of government performance evaluation is a huge target. This thesis can only make a very simple research on that problem. To attract more people's attention and thought is the main purpose of my written.