摘要(Abstract)：
法治政府已经成为中国政府建设的目标之一。部分地区开展的法治政府评估实践对于客观评价地方法治政府建设状况,推动地区法治政府建设起到重要的促进作用。中国政法大学法治政府研究院2013年开展的全国法治政府评估,研发的指标体系以国务院有关法治政府建设的文件为政策依据,涵盖机构职能和组织领导、制度建设和行政决策、行政执法、政府信息公开、监督和问责、社会矛盾化解和行政争议解决等方面,调查方式包括实地调查、问卷调查、网络调查和体验式调查等多种方式,将具有立法权的53个较大市作为评估对象。根据评估结果可见,各地法治政府的基本制度框架已经形成,法治观念和意识有所提高,但是整体尚处于较低水平,尤其是公众满意度较低。规范性文件制定不规范,重大决策民主程度偏低,信息公开需要更好地回应公众需求,政府化解社会矛盾的能力有待提高。
关键词(KeyWords)：
Abstract:
Keywords:
基金项目(Foundation):
作者(Author): 王敬波;Fu Yao;
Email:
参考文献(References)：
- 1 The Shanghai municipal government issued A Report on Administration by Law Situation in Shanghai(2004-2009),Shanghai People’s Publishing House.An appraisal result recorded in the white paper shows that Shanghai registered an overall score of 78.1,People’s Daily Online,at http://www.baidu.com/link?url=12 s00yo3 SaTtc0H0QfNPxvQU5sDnW53AgLvcRuWNqkWanIODTuxc2Rjg2V730kjFSCcUvqGPPyb30dJRclNBKK(Last visited on June4,2014).
- 2Qian Hongdao,Ge Hanfeng,Wang Zhaoxia,and Liu Dawei,Rule of Law Evaluation and Its Application in China,China Social Sciences,No.4,2012.
- 3This is the first time in the country to initiate such a project to make observation on a law based government development in a national scale,and the leading researchers are Professor Ying Songnian and Professor Ma Huaide,members of which include Wang Jingbo,Zhang Li,Hao Qian,Wang Qingbin,Lin Hongchao,Zhao Peng,Zhan Chengyu,Cao Liu,and Wang Xiang,etc.
- 4Namely Changchun,Changsha,Chengdu,Fuzhou,Guiyang,Guangzhou,Haerbin,Haikou,Huhhot,Hangzhou,Hefei,Kunming,Jinan,Lhasa,Lanzhou,Nanchang,Nanjing,Shijiazhuang,Shenyang,Taiyuan,Wuhan,Urumchi,Xi’an,Xining,Nanning,Yinchuan,Zhengzhou.
- 5Anshan,Baotou,Benxi,Dalian,Datong,Fushun,Handan,Huainan,Jilin,Luoyang,Ningbo,Qiqihar,Qingdao,Shantou,Shenzhen,Suzhou,Tangshan,Wuxi,Xiamen,Xuzhou,Zhuhai,Zibo.
- 6The Legislative Law in article 63 stipulates,“the relatively big cities as referred in the text of this law refer to cities that are provincial capitals,or where the people’s governments of the autonomous regions are located,or where the special economic zones are located,or those that are approved by the State Council.”
- 7Evaluators would make phone calls according to the hot-line numbers publicized by the administrative agencies when they spot illegal activities like vending without license or parking without permission,and they will record the disposition made by the administrative agencies as a basis for evaluating their work.
- 8Evaluators would make a visit to municipal and two district and county-level public places that have been designated as information disclosure venues of the government,like libraries and archives.
- 9 With reference to the division of the eastern,central and western regions as proposed in the seventh five-year plan on economic and social development which has been approved by the fourth meeting of the sixth session of the National People’s Congress in 1986,the eastern coastal provinces includes Liaoning,Hebei,Beijing,Tianjin,Shandong,Jiangsu,Shanghai,Zhejiang,Fujian,Guangdong,Hainan and Guangxi;the western region includes Shaanxi,Gansu,Qinghai,Ningxia Hui autonomous region,Xinjiang Uygur autonomous region,Tibet autonomous region,Guizhou,Yunnan,Sichuan and Chongqing);the central region includes Heilongjiang,Jilin,Inner Mongolia,Henan,Shanxi,Anhui,Jiangxi,Hunan,Hubei.However,Circular of the State Council on Several Policies and Measures Pertaining to the West Development(GuoFa[2000]no.33)has explicitly pointed out that Western Development also applies to Chongqing,Sichuan,Guizhou,Yunnan province,Tibet autonomous region,Shaanxi province,Gansu province,Ningxia Hui autonomous region,Qinghai province,Xinjiang Uygur autonomous region and Inner Mongolia autonomous region,Guangxi Zhuang autonomous region,so the Guangxi Zhuang autonomous region and Inner Mongolia autonomous region can be included in the western region.According to this statistical method,eastern region includes 27major cities while central and western regions include 13.
- Owing to several limited conditions,only 100 questionnaires are prepared for each city;thus the research is far from being comprehensive.Yet the respondents are carefully selected so as to ensure the effectiveness of the research.Besides,the overall number of questionnaires exceeds 5300,complementing the small number of questionnaires per city.
- Until April 2013,mainland China has 334 prefecture level divisions,including 287 prefectures,20autonomous prefectures,14 regions and 3 unions.(From Baidu Encyclopedia)
- July 9,2009,Cao Kangtai,the director of Legal Affairs Office of the State Council stated that the Legal Affairs Office was starting the work of examination and approval of“larger city”actively and has preliminarily confirmed the four conditions of“larger city”:1.The scale of the city is quite large;the city’s comprehensive strength is strong and the city has a significant effect on the economic development of the area;2.The law-based administration is at a higher level;the legal institutions are healthy and the legal power can meet the legislative needs;3.The city’s cultural and social environment is better;4.The city has special legislative needs.These conditions show that the law-based administration and a law based government of larger cities are usually at a quite high level.
