Rule of Law Evaluation Method Theory
April 21, 2021 09:05 Source: "China Social Sciences", April 21, 2021, Issue 2151 Author: Lu Yanbin

Evaluation of the development of the rule of law,Analyze its gains and losses,This is a more recognized way in recent years,It is also an important means to comprehensively promote the rule of law in accordance with the law。For a long time,How about the development of the rule of law,Mainly relying on abstraction、Qualified judgment method,Lack of supporting and objective results with support,It is difficult to master the strengths and shortcomings of the development of the rule of law。In recent years,Systematic and quantitative research methods introduced in the assessment process of the development of the rule of law,Effectively improved the above situation。The goal of carrying out the evaluation of the rule of law and its strengths are,You can measure some areas with a relatively scientific systemic indicator、The development of the rule of law in certain fields,Relatively objective、Ap and analyze its results and problems intuitive,and put forward targeted improvement suggestions。

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Any evaluation of the rule of law needs to rely on a set of index systems to measure the development of the rule of law in a certain industry,The setting of this set of indicators and the choice of methods must be based on certain theoretical presets,Make sure it has a solid theoretical support、Following the corresponding theoretical logic,instead of imagination。For example,When evaluating the overall situation of the development of a regional rule of law,The appraiser must clarify what is "rule of law"。The Sichuan Sichuan's third -party evaluation of the province of rule of law in the province of rule of law in the team where the author is located、The third party evaluation of the Qianhai Rule of Law index is an example,We propose,The Bet365 app download basic meaning of the rule of law is simple、Clear,is a good method,The behavior of the whole society has rules to follow,The rules formulated must reflect the interests and will of the people of the people,reflects democracy and science; rules such as law should be implemented,Administrative organs must serve economic and social development,We must fulfill comprehensively in accordance with the law,Strengthen the supervision and management of the economy and society; all disputes should be resolved under the framework of the rule of law,Realizing fair justice、Improve judicial credibility; the formulation and implementation of the law should be open and transparent,Make people's behavior is expected,Reduce social contradictions and transaction costs; whether it is public power or the general public, we should know the law、Zunfa、Law。According to this,The setting of the indicators of regional rule of law should be generally set around legislation (rules)、Government rule of law、Judicial Construction、Law of the rule of law、​​Guarantee supervision mechanism, etc.。

Another example,When evaluating the transparency of the government,Although it is mainly to evaluate government agencies at all levels to implement the "Regulations on the Disclosure of Government Information" and relevant laws and regulations requirements,But whether government management is transparent, it also needs to evaluate whether the relevant government information is disclosed from the perspective of government information、Public information effectively meets public needs and whether it can be easily acquired。In short,The rule of law evaluation only has a clear and reliable theoretical preset and support,can ensure that the scientific reliability and persuasion of the evaluation activities and results。

  The setting of the evaluation indicator must be delayed

Under the premise of planning theoretical preset,It is also necessary to adhere to the principle bet365 Play online games of the index of the rule of law.,That is, the requirements put forward by the public power organs must inevitably be based on the principle of "the law of the law cannot be done in the same way",Only those with clear requirements such as laws and regulations can be included in the evaluation index system。According to this,Evaluation is mainly the operation of the rule of law,Focusing on whether the legal system is better executed,Then you can also observe whether the reasons for not being executed are because the relevant regulations are unscientific or do not meet the actual situation。At the same time,The setting of the rule of law evaluation indicators needs to be selected and evaluated、Typical "rule of law" incident。Various events in reality,Only incidents related to the rule of law and the events of the incident parties related to the development of the rule of law in a certain field can be included in the evaluation index system。If it is windy and rainy is just a type of natural phenomenon,It has nothing to do with the rule of law,But once a disaster is formed,It is evaluating government emergency management、Disaster rescue and other aspects may become events related to the rule of law。The court police officer handling the execution case in the online case handling system is only an internal activity,But whether there may be a low level of case handling in the evaluation court,or when there may be a regulatory blind zone in terms bet365 Play online games of standardization of case handling, it is an important judgment indicator。At the same time,The setting of the rule of law evaluation indicators also needs to pay attention to the logic between indicators,Make sure its scientificity。If the number of corruption cases is investigated and dealt with, the number of corruption cases can not only reflect the effort of the disciplinary inspection and supervision department in a certain place,It can also be explained that local cadres' clean government construction、There is a shortcoming of standardization of power operation;,Prosecuting the administrative agency is the right of the counterparty,The courage to prosecute is exactly the manifestation of the gradual improvement of the masses' awareness of the rule of law,At the same time,It does not rule out a certain existence of abuse,So,Simply use the complaint of administrative organs to assess the administrative administration in accordance with the law. It is obviously unreasonable。other,You need to pay attention to the operability of the evaluation indicator,Make sure the design indicators are clear in actual evaluation、Simple operation。In the process of evaluating judicial disclosure,Simply set indicators such as "Inquiry of Convenience of Justice Information",It will make the appraisers confused,Where to check it、How can I find it。

Last,Index settings to help ensure the objectivity of the evaluation,Avoid excessive free tailoring space to the appraisers。The setting of the setting should only be allowed to make a judgment based on a certain facts,instead of letting it determine the degree of good or bad。To achieve this purpose,It is necessary to specify the content of the evaluation of each evaluation index to be specific。If it is standardized、Whether it is convenient is one of the goals of the rule of law in certain fields,But if you simply set these qualitative words in the indicator,Then the free tailoring space of the appraisers is too large,And different evaluation personnel may make different or even different judgments on the same event。If the Court of Court runs the case for evaluation of the civil execution work,You need to refine it to whether to accept cases in accordance with the law、Whether a property report order is sent within the prescribed period、Whether to conduct property inspection and control within the specified period、Whether the execution of the case is issued in full on time,These links are in line with regulations,Naturally, it is the specification。bet365 best casino games Another example,Examine the convenience of government website disclosure of government information,You need to refine whether the website has set a special column for relevant information、Whether the relevant information is released in a special column、Whether there is further classification in the special column、Whether to set functions and effective functions, etc.。

  Based on the real situation and data that can be mastered

Data acquisition methods are generally divided into subjective methods and objective methods。The former mainly depends on the subjective feelings and judgments of the interviewees or appraisers to draw conclusions,An interview with the respondents、Carry out questionnaire surveys or score by the appraiser based on the appraisal.。Interview is a relatively common survey method,Through communication with the respondents, it helps to understand the effectiveness and problems of related parties,Successful interviews often capture a lot of useful information in a short time。But the success of the interview often depends on the situation of communication between the investigators and the respondents、The interviewee's own position experience, etc.,The collected information may show fragmentation,and strong subjectivity。Questionnaire survey is commonly used in the rule of law survey and evaluation in recent years,Some rule of law assessments directly rely on the respondents to assign the relevant rule of law issues。Its advantages are convenient operation、The cost is relatively low,But the difficulty lies in the quality of the questionnaire design itself and the selection of survey samples.,Directly asking for satisfaction with certain problems often has strong subjectivity because of the respondent's own factors。If you ask if the person who is detained by the administrative detention is satisfied with the law enforcement of the police station,,It is difficult to expect it to give objective conclusions; bet365 Play online games if you ask the satisfaction of the parties to the two parties to the case of the case,It may also be fully supported because the demands of both parties have not been fully supported、Some attitudes in the process of judge trial and other attitudes cannot be obtained by the actual answer。When using an expert scoring method,It often convens a batch of experts in certain fields,professionalism has certain guarantees,But the basis for judgment by experts is often a written material or verbal report provided by the appraiser,Due to the lack of a sense of intimacy, everyone's evaluation scale is also easy to be different。

Objective methods help solve the above problems。Grab and analyze the official data is a kind of objective method,Analysis of the data that the court has completed the case can be extracted.、Time to surf the Internet。Use official data to pay attention to the quality of the data itself,verify and remove some inaccurate data。Observation and verification from a third -party perspective is also a kind of objective method,If a preset index system,Observing the information of the government or the court website of public information,or actual verification of the process of work,For example, the actual government information disclosure application,The channels of channels when applying for applications for government agencies and the degree of answers to the degree of regulatory and observation and analysis。

Last,Evaluation must realize the effective interaction between the appraiser and the appraisal。The value and significance of the evaluation of the rule of law is that it can have a certain impact and promotion role on the development of the rule of law,So,The appraiser should conduct effective interaction with the appraisal results,Including can feedback evaluation results、Clearly evaluated the problems found、Make a suggestion。This requires that the evaluation results must have a certain quality,Index system science and Bet365 app download feasibility、The result is objective, true and reliable、The theoretical system and results can accept questioning and verification。Otherwise,Appraiser commented on his own,The appraisal is still my own.,So,The evaluation of the rule of law will also lose the meaning of due。In short,The rule of law evaluation is a helpor that promotes the rule of law,It is necessary to play a good role,It is necessary to ensure that evaluation science、The method is proper、Results Reliable。

  (The author is a special researcher at the new era of Xi Jinping in the new era of Chinese characteristics of the Chinese Academy of Social Sciences、Researcher Institute of Law)

Editor in charge: Zhang Yueying
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