Research On The Third-Party Evaluates Government Performance Under The Rule Of Law

With the influence of new public management movement since 1970s, western countries have implemented the reform of government performance to make it standardized, institutionalized and legalization gradually.In the process of continuous development and improvement methods of performance evaluation, it is transforming its focus to customer from efficiency, and assessors covers a wide range, of which the third-party is becoming a new trend amongst countries.From the 21st century,Chinese government at all levels is constantly trying new forms of evaluation, such as promise system of social services, civic review of the government, and involve the third parties in the evaluation.The objective and professional practice of third-party evaluation received a strong response in academic circles and society, many local governments have adopted it.However, due to lack of legal guarantee,there are still problems in our third-party evaluation, from the evaluation index, evaluation subject, to the content and the results. These problems are limiting the effect and function of a third-party evaluation,and the rule of law is the main way to solve it.At present, the development and rule of law of the third-party evaluation is ushering in new opportunities in the modernization of the national governance and the context of rule of law in China.This paper explores the rule of law issues associated with third-party evaluation in four parts.The first is the basic theory of performance evaluation and third-party evaluation,focusing on the comparison of categories between performance evaluation and the third- party evaluation. Secondly,the analysis focuses on the legislation situation,current problem, and necessity of the rule of law for the third- party evaluation.Then it introduces and analyzes the development and characteristics of the third-party evaluation in other countries.At last, it puts forward a specific path to legalization in four perspectives----the system of legal norms,the implementation,supervision and guarantee.