The Design Of The Procedure Of Legal Performance Evaluation

Ever since a long time ago, our country legislature attaches importance to legal laws and regulations formulation, but pays attention insufficiently to the performance question after legal laws and regulations appearing, and lacks the enough understanding on whether the legal laws and regulations achieve the anticipation of legislation. Along with the legal laws and regulations increasing unceasingly, between new and old legal documents, between the legal documents formulated by different departments, the friction and the conflict appears frequently. These contradictory legal documents brought many puzzles for the real life and reduced the legal authority. The system of legal performance evaluation arose at the historic moment in this time, and has become the important method of enhancing legislation quality and constructing the harmonious socialism legal framework. But it is a pity, systematically carrying legal performance evaluation on the legal laws and regulations until now is a legal blank in our country at present, Legislation Law has not corresponding stipulation. This causes that each place in questions for instance evaluation content, method, procedure and so on has huge difference, and this harms the scientific nature and the authority of evaluation report. How to consummate the system of legal performance evaluation preferably becomes a problem urgently solved.In the situation that the legal laws and regulations about legal performance evaluation still were imperfect and theorists were not yet formed the mature research system, from the angle of the design of the procedure and in the beginning of studying the basic questions for instance the nature of the legal performance evaluation , valuation as well basic principles which must be observed when designing procedure and so on, this paper elaborated three main evaluation links including the start and the preparation of legal performance evaluation, the implementation of evaluation plan, the response of the evaluation report with emphasis. Start and the preparation of legal performance evaluation are the source of the evaluation procedure and the foundation of the implementation of evaluation plan. The choice of evaluation object and subject, the start time of evaluation procedure, the determination of evaluation plan constituted the source of the evaluation procedure together, simultaneously this paper emphasized that the design of the evaluation plan must certainly manifest the evaluation goal, the evaluation content, the evaluation method, and the evaluation standard these four basic essential factors. In which, the evaluation goal is the starting point and the foothold of the evaluation, the evaluation content is the evaluation object, the evaluation standard is the criterion of the evaluation, the evaluation method is a tool which the realization of the evaluation depends on.The implementation of evaluation plan is the main body of the evaluation procedure and the core link of the evaluation procedure. Its essence is collecting the information and the processing information. Collecting information must adopt the suitable method and establish information system, formation of the evaluation conclusion and composition of the evaluation report and its announcement is on the basic of information reorganization and analysis. During the implementation of the plan, the integrity, the objectivity, the uniform principles of the information must be persisted.The response of the evaluation report is representing the end of evaluation procedure, its most vital function is that provides the basis for further consummation of the legislation. The legislature which is in the same level with evaluation committee must be supposed to strengthen to the response of the evaluation report and according to the evaluation report promptly revise, abolish, formulate the new legal laws and regulations.