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Research On Mixed Methods Of Post Legislative Evaluation

Posted on:2024-08-14Degree:DoctorType:Dissertation
Country:ChinaCandidate:X XiaoFull Text:PDF
GTID:1526307334977609Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Post legislative evaluation is an important way to improve the quality and efficiency of legislation,and achieve the transformation from quantitative legislation to qualitative legislation.However,the lack of scientific evaluation methods have seriously constrained the effectiveness of the evaluation function after legislation.In theory,the category,functional roles and operational processes of evaluation methods have not yet been systematically sorted out.In practice,the methods that can be truly applied are very single,and insufficient scientificity and standardization.It can be seen that it is urgent to establish a scientific theoretical system for post legislative evaluation methods.Focusing on this issue,this article first clarifies the two major categories of methods in post legislative evaluation from a methodological perspective,namely qualitative and quantitative,and normative and empirical.Through theoretical and practical analysis of existing evaluation methods,it is objectively pointed out that each evaluation method has its inherent limitations.However,in terms of the essence of post legislative evaluation,it requires an evaluation of both legislative quality and implementation effectiveness,which means that it needs to be carried out from both normative and empirical levels.In order to explain the evaluation object more comprehensively,it is also necessary to combine qualitative and quantitative methods in empirical analysis.Based on this standpoints,this article proposes that the post legislative evaluation method should be diversified and comprehensive.In order to organize multiple methods in a structured manner,take advantage of each evaluation method and achieve the evaluation objectives,this article draws on the mixed method theory known as the "third path" of methodology and proposes a theoretical system of mixed methods for post legislative evaluation.Specifically,the philosophical position of post legislative assessment hybrid method is pragmatism and complexity paradigm,which goes beyond the controversy on the methodological level and believes that the method that can solve practical problems is the most"effective".When facing complex scientific problems,the hybrid of multiple methods is even more inevitable.The mixed evaluation method after legislation is not a simple superposition of multiple methods,but a structural arrangement based on certain principles and purposes.The specific technical path includes two designs:"Embedding synthesis" and "Multi-stage causality".Firstly,the hybrid evaluation method of "Embedding synthesis" takes indicator scoring as the core idea,and comprehensively evaluates the legislative quality and implementation effect by indexing the evaluation content.Among them,the quality of legislation is mainly based on normative analysis;the implementation effect is analyzed empirically,mainly using quantitative methods,and supplemented by embedding qualitative methods according to the needs of different evaluation problems to achieve a complete explanation of the evaluation object;finally,use a quantitative model to calculate the comprehensive evaluation score and draw an evaluation conclusion.Secondly,the "Multi-stage causal" mixed evaluation method takes "reverse evaluation" as the core idea,reflecting on the quality of legislation through the inspection of implementation effects,and evaluating implementation effects,influencing factors of implementation effects,and legislative quality in stages.Specifically,the evaluation of implementation effectiveness and its influencing factors is mainly based on quantitative methods,while qualitative methods are applied to the development of measurement tools and the interpretation of quantitative results;finally,based on the above empirical results,reflect on legislation from a normative perspective.These two mixed evaluation methods each have their own advantages and disadvantages,and has its own applicable scenarios in the face of complex evaluation objects and objectives.On the basis of the theoretical system of mixed evaluation methods after legislation,using the Charity Law and the charity organization recognition system as individual cases,two mixed evaluation methods of "embedding synthesis" and"multi-stage causality" were actually operated to test their practical feasibility.Based on the above theoretical and empirical research,promoting the application of mixed methods for post legislative evaluation needs to be carried out from the following aspects.Firstly,clarify the diversified orientation and procedural rules of post legislative evaluation methods,and form a scientific understanding of mixed methods.Secondly,determine the scope of application of the hybrid evaluation method and the applicable categories of the two hybrid paths.Thirdly,improve the provisions on hybrid evaluation methods in the post legislative evaluation system,develop specialized operational specifications for hybrid evaluation methods,and include the application requirements of hybrid methods in the legislative technical specifications.Fourthly,promote the supporting construction of other evaluation elements such as evaluation subjects,evaluation standards,and evaluation information.
Keywords/Search Tags:post legislative evaluation, mixing method, the quality of legislation, implementation effect
PDF Full Text Request
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