A Preliminary Study On Administrational Evaluation Act In China

Since 1970s, western countries raise a governmental revolution which is famous for 'New Public Management', and subsequently administrational evaluation,namely government performance evaluation,is widely used in the practice of governmental management. Administrational evaluation is substantially significant for promoting the conversion government functions, improving the quality of government service and improving the relations between the government and the public. Administrational evaluation has become a focus for the academic world and governments. Many countries are speeding up the constitution and application of Administrational evaluation. The legalization of administrational evaluation is one of the important trends to perfect administrational evaluation system in foreign countries. America, Britain, Australia, Japan and Korea and many other countries constituted corresponding laws and rules to legally guarantee Administrational evaluation, and in this way, a standard enactment and healthy development of Administrational evaluation will be promoted. As the key variable in administrational management system reform in China, administrational evaluation has been widely applied to government management of various levels. Due to the fact that administrational evaluation has not been legalized, especially that it is in lack of guidance of an authoritative administrational evaluation act, obviously, it is blind, fortuitous, one-sided and closed; therefore, the function of its efficacy is limited indeed. Based on this, this paper attempts to probe into relevant issues of constituting administrational evaluation act in China from a legal point of view.Chapter one mainly talks about basic theories of administrational evaluation act, including the definition, features and function of administrational evaluation as well as the history, connotation, value concepts, characteristics and application of administrational evaluation act, and delimit the definition of administrational evaluation act used in this paper, which is an integral and systematic law defining the basic core elements in administrational evaluation institution such as the goal, principles, index, procedures, evaluation subject, application of evaluation results. Chapter two introduces the legislation background, main contents, and application performance of the Government Performance and Results Act of America and the Government Policy Evaluation Act of Japan, analyzes their advantages and disadvantages and summarizes helpful revelations for administrational evaluation act in China. Chapter three analyzes the necessity and feasibility of constituting administrational evaluation act in China at present. It points out that administrational evaluation act is helpful to improving the current administrational evaluation work in China and promoting a longitudinal development of our administrative management system reform. In addition, our country has possessed the the academic basis, practical experience, social environment, political and institutional support required for constituting administrational evaluation act; therefore, the value and significance of this paper is justified. Chapter four gives a preliminary discussion of issues in the constitution of administrational evaluation act, and a brief description of its content system, which includes legislative goal, basic principles, legal relations, index system, basic procedures, legal liability and remedy of administrational evaluation. In this way, the author expects this paper to draw attention from the legal society and legislators and to promote the issue of administrational evaluation act in China.