我国区（县）法治绩效评估体系研究

发布时间：2018-06-17 04:20

本文选题：法治政府 + 区(县)法治建设　；参考：《南京大学》2013年硕士论文

【摘要】：2008年国务院发布《关于加强市县政府依法行政的决定》明确指出,市县两级政府处在政府工作的第一线,是国家法律法规和政策的重要执行者,在我国政权体系中具有十分重要的地位。自1997年中共十五大提出依法治国的基本方略以来,我国法治建设经历了15年的时光,期间围绕贯彻落实“依法治国”基本方略出台了诸多规章制度。然法治建设成效如何,是执政党和政府以及公众所关心的问题。借鉴西方国家在政府绩效评估的实践经验,我国各级政府也开始用绩效评估方式来对各级政府和公共部门的行为进行监督和评判。但专门针对“区(县)层级的法治建设”进行绩效评估,以展现区(县)层级法治建设成效尚无开展针对性的实施。本文即以区(县)层级的法治建设现状和成效为观察研究视角,借鉴和运用西方盛行的绩效评估和绩效管理方式、方法,构建一套区(县)层级的法治绩效评估体系。本文共分七个部分。第一章是研究现状和研究设计,意即导论。着重分析本研究的选题来源、选题背景和选题意义,以及国内外关于区(县)法治绩效评估的研究综述,并提出本文研究的思路和研究方法。第二章是区(县)法治绩效评估体系构建的理论基础与现实依据。本章在解析法治绩效评估与法治政府内在关联的基础上,分析区(县)法治绩效评估模式的内涵及其理论基础,并从法学、公共管理、民主法治理论以及新公共管理理论视角来推演出区(县)法治绩效评估体系构建的现实依据。第三章是区(县)法治绩效评估主体体系建构及其行为分析。从“公众本位”的视角提出区(县)法治绩效评估主体应构建多元互动的评估主体体系,并分析区(县)法治绩效评估多元主体间的利益差异及其整合机制。第四章是区(县)法治绩效评估指标三维立体逻辑框架研究。在综合考察国内外地区法治指数的基础上,运用标杆管理法、平衡计分卡等绩效评估方法,根据区(县)层级特征、法治建设内容体系、绩效维度构建一个三维立体逻辑框架的指标体系框架,并设计出区(县)法治绩效评估指标体系。第五章是区(县)法治绩效评估体系的整合与合理性论证。分析和论证区(县)法治绩效评估体系内部要素和整体的科学性和合理性,以及区(县)法治绩效评估体系构成要素整合的价值取向、机制和手段。第六章是区(县)法治绩效评估的制度安排、宏观策略与具体对策研究。剖析区(县)法治绩效评估体系制度安排价值预期的短缺与法治政府建设困境,认为应立足国情、地情的基础上,突破制度变迁的困境,借鉴国外政府等公共部门绩效评估的先进经验和做法,营造国内区(县)法治绩效评估的宏观环境以及具体制度安排和供给。最后提出本文研究结论和研究不足。本文研究将努力对我国区(县)法治建设绩效评估体系的自主创新进行探索,探索和构建适合中国特色的区(县)法治建设绩效评估体系,为推进我国区(县)层级法治政府建设提供理论和实践借鉴与参考,为推进我国基层政府绩效评估体系构建以及政府体制改革的理论和实践研究提供新的研究视角和观点。为此,本文在相关文献研究的基础上,借鉴标杆管理法、平衡计分卡等绩效评估方法,逻辑推导与演绎归纳出区(县)法治建设绩效评估体系。科学和合理地构建区(县)法治绩效评估体系是本文努力达到的研究目标。尽管研究结论尚有待进一步验证和规范,但从一定程度上对我国区(县)层级的法治建设进行监督提供了一种新的方式、方法和路径。这种基层法治绩效评估的开展,有利于从基层广大公众满意的角度对政府法治建设行为进行监督,有利于法治在基层的良好建设及法治思想在广大公众的普及,更有利于依法治国基本方略在基层的贯彻和落实。
[Abstract]:In 2008, the State Council issued a decision on strengthening the administration of municipal and county governments according to law. It is clearly pointed out that the two level government of the city and county is in the forefront of the government's work. It is an important executor of the national laws and regulations and policies and has a very important position in the system of our country's regime. Since the basic plan of the 15th Congress of the Communist Party of China in 1997, the State Council has put forward the basic strategy of governing the country by law, The construction of the rule of law in China has experienced 15 years. During the period, many rules and regulations have been introduced around the implementation of the basic strategy of "governing the country according to law". However, the effect of the rule of law is a matter of concern to the ruling party and the government as well as the public. The evaluation method is used to supervise and judge the behavior of governments and public departments at all levels. However, the performance evaluation of the rule of law at the "district (county) level" is carried out to show the effectiveness of the construction of the rule of law at the level of the district (county). And using the prevailing methods of performance evaluation and performance management in the west, methods and methods to construct a system of performance evaluation of the rule of law at the level of district (county). This paper is divided into seven parts. The first chapter is the research status and research design, namely the introduction. It focuses on the origin of the topic, the meaning of the topic and the topic of the topic, and the rule of law at home and abroad. The second chapter is the theoretical basis and practical basis for the construction of the system of district (county) rule of law performance evaluation. On the basis of analyzing the internal relationship between the rule of law performance evaluation and the rule of law government, this chapter analyzes the connotation and theoretical foundation of the rule of law performance evaluation model in the district (county). From the perspective of law, public management, democratic rule of law theory and new public management theory, the realistic basis for the construction of the performance evaluation system of the rule of law in the district (county) is put forward. The third chapter is the construction of the main body of the rule of law performance evaluation in District (county) and its behavior analysis. The fourth chapter is the study of the three dimensional three-dimensional logic framework of the performance evaluation index of the district (county) rule of law. On the basis of the comprehensive inspection of the rule of law index at home and abroad, the benchmarking method, the Balanced Scorecard and other performance evaluators are used. According to the characteristics of the district (county) level, the content system of the rule of law construction, the performance dimension, the index system framework of a three-dimensional stereoscopic logic framework is constructed, and the index system for the evaluation of the rule of law in the district (county) is designed. The fifth chapter is the integration and reasonableness demonstration of the rule of law performance evaluation system in the district (county). The scientific nature and rationality of the elements and the whole, and the value orientation, mechanism and means of the integration of the rule of law performance evaluation system in the district (county). The sixth chapter is the system arrangement of the performance evaluation of the rule of law in the district (county), the macro strategy and the concrete countermeasures. The analysis of the shortage and rule of law in the system arrangement of the system of the district (county) governance performance evaluation system. " On the basis of the situation of the government, the government should build on the situation and ground, break through the dilemma of the institutional change, draw on the advanced experience and practice of the performance evaluation of the public sector, such as the foreign government, and create the macro environment for the evaluation of the performance of the rule of law in the country (county), as well as the concrete arrangement and supply of the system. Finally, the conclusion of this paper and the lack of research are put forward. The research will try to explore the independent innovation of the performance evaluation system of the rule of law construction in our country (county), explore and construct a performance evaluation system for the rule of law in the district (county) with Chinese characteristics, in order to provide theoretical and practical reference and reference for promoting the construction of the rule of law government in the district (county) level in China, and to promote the construction of the performance evaluation system of the grass-roots government in China. Construction and the theoretical and practical research of government system reform provide a new perspective and viewpoint. For this reason, on the basis of relevant literature research, this paper draws on benchmarking method, balanced scorecard and other performance evaluation methods, logically deduce and deduce the performance evaluation system of the rule of law in district (county). Establish the rule of law scientifically and rationally The performance evaluation system is the goal of this paper. Although the conclusion of the study is still to be further verified and standardized, it provides a new way, method and path to supervise the construction of the rule of law at the level of the district (county). To supervise the construction of the government by the rule of law is conducive to the good construction of the rule of law at the grass-roots level and the popularization of the rule of law in the general public, and is more conducive to the implementation and implementation of the basic strategy of governing the country according to law.
【学位授予单位】：南京大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D927

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