Research On "Delocalization" Of Evaluation Procedure Of Rule By Law

Evaluation of rule by law is to provide a relatively objective evaluation standard for the development of rule by law, through making the specific contents of rule by law into quantifiable indicators in qualitative and quantitative methods. The practices of evaluation of rule by law in China which was commenced in form of "pilot" exhibits the regional and localized characteristics and has the inclination of local centralism, local protectionism and local conservatism, which goes against the long-term development of evaluation of rule by law. The study on "delocalization" of evaluation of rule by law should be conducted with procedures as the entry point. This is the requirements for realizing the political stability, the integrity of the development of rule by law and the procedure neutrality, and also the requirements for eliminating the "local" disadvantages of evaluation procedure of rule by law and realizing the practicability of rule by law indexes.The study in the paper can be divided into the following four parts:Part One defines the theory of "delocalization" of evaluation procedure of rule by law. Based on expounding the conceptual theories of evaluation of rule by law, evaluation procedure of rule by law, and the "localization" of evaluation of rule by law, it raises "delocalization" of evaluation of rule by law with procedures as the entry point, and then reaches the basic concept and connotation of "delocalization" of evaluation procedure of rule by law.Part Two discusses the necessity of "delocalization" of evaluation procedure of rule by law. In theory, "delocalization" of evaluation procedure of rule by law is the requirements for realizing the political stability, the integrity of the development of rule by law and the procedure neutrality. In practice, "delocalization" of evaluation procedure of rule by law is also the requirements for eliminating the "localization" disadvantages of evaluation procedure of rule by law and realizing the practicability of rule by law indexes.Part Three states the realistic conditions of "delocalization" of evaluation procedure of rule by law. It is possible to "delocalize" evaluation procedure of rule by law in China judging from the existing experience in construction of rule by law and evaluation procedure of rule by law in our country, and the experience of evaluation of rule by law in development and design in foreign countries. Part Four elaborates the "delocalization" path of evaluation procedure of rule by law. Macroscopically, in the process of "delocalization" of evaluation procedure of rule by law, the improvement of the country's governance capacity should be considered as the value pursuit, the principles of openness, development, uniformity and diversity combined as the specification, and standard documents to formulate uniform evaluation procedure of rule by law as the control measure. Microscopically, "delocalization" of evaluation procedure of rule by law should realize the uniformity of the four aspects of subject procedure, data source procedure, efficacy procedure and complaint procedure.