Study On Legal Attribute And Regulation Of Administrative Evaluation

With the development of China’s market economy and the advancement of administrative system reform,there are many thorny new problems in the process of administration.The innovation of administrative mode is the administrative organ’s active response to the new problem.The administrative evaluation method is based on the service administrative idea,so as to deepen the background of administrative system reform and construction service government.The administrative organ aims to promote the administrative counterpart to improve the development mode and stimulate the enthusiasm of the administrative counterpart to seek development.The first part of the article in contrast administration assessment and evaluation of confusingly similar behavior,on the basis of the definition and connotation of administrative evaluation of the definition,basic characteristics and function of administrative evaluation analysis.There is no clear definition of the connotation of the practice of administrative evaluation in our country,and the connotation of the administrative evaluation is the first premise to study the legal attribute and regulation of administrative evaluation.A simple definition of administrative evaluation means that the administrative organ evaluates the administrative counterpart according to certain standards.The administrative evaluation is the evaluation of the administrative counterparts by the administrative subject according to certain standards.Administrative evaluation made by administrative organs or by the administrativeorgan only entrust other subjects in the name of an administrative organ,the administrative subject has the oneness,embodies the one-sided sex characteristics of administrative evaluation.The administrative evaluation is evaluated by the administrative relative person and the object outside the internal affairs of the administrative organ,which reflects the externality of the administrative evaluation.Judging from the effect of administrative evaluation,the administrative evaluation behavior has multiple functions such as detection,motivation,guidance,communication and staff.Based on the definition of administrative evaluation connotation,this article from the current legal standard text and practice operation two aspects to explore double the administrative evaluation,and administrative evaluation the loopholes of legislation and administration look evaluate the chaos in the practice operation.The current law lacks the rules of entity and procedure for administrative evaluation.The absence of law has contributed to the breeding of administrative evaluation disorder.In the practice of administrative evaluation in administrative assessment there are many defects in practice,it is the main body of administrative evaluation is too single,lead to administrative evaluation lacks openness,participation and professionalism.Second,the administrative evaluation standard setting is arbitrary,lack of science and rigor.In addition,there is a tendency of dissimilation in administrative evaluation,and excessive phenomenon in some areas.The abuse of administrative evaluation makes the administrative relative to complain to hinder the realization of the function of administrative evaluation,which is unfavorable to the benign development of the subject.The second part is the analysis of the social motivation and the justification of the rise of administrative evaluation.The rise of administrative evaluation and the rise of many flexible administrative behaviors are attributed to the guidance of service administration philosophy and the citation of modern administration to incentive mechanism.In the third part,the author classifies the behaviors of administrative evaluation in reality and divides them into two categories,which are the administrative evaluation and the administrative evaluation as the independent behavior.This paper probes intothe operation and legal properties of two kinds of administrative evaluation.As administrative subjunctive behavior assessment in legal norms and practice in the operation of the subjunctive administrative assessment of the performance for the administrative licensing,subjunctive administrative assessment of the administrative punishment and administrative decision of subjunctive administrative evaluation.The legal effect of the administrative evaluation of such adjunctive property is ascribed to the administrative act attached to it.As an independent act,the administrative evaluation is reflected in the evaluation of the administrative counterparts who provide the service,and is used to evaluate the quality of the service provided by the assessor.As an independent act,the administrative evaluation does not have the meaning to change administrative legal relationship,which does not produce legal effect,so it belongs to administrative facts.Because the constitutive elements and behavior of administrative evaluation are obviously different from other formalized administrative behaviors,administrative evaluation is widely used as administrative activities and produces chaotic images.Whether from the perspective of legal attribute or the necessity of legal regulation,it should be regarded as the independent value of the independent conduct.The fourth part focuses on how to realize the standard operation of administrative evaluation through effective legal regulation.This paper puts forward some Suggestions on administrative evaluation from three aspects: substantive law,procedural law and relief law.In the aspect of substantive law,administrative evaluation should first follow the principle of limited practice and respect the industry autonomy in the field of evaluation.Secondly,administrative evaluation should enrich the participating subjects of administrative evaluation,form scientific and rigorous administrative evaluation standards,and improve the consultation and professionalism of administrative evaluation.At the level of procedural law,the public system of administrative evaluation should be established,the reason system and the plea system should be established,and the loopholes of procedural law should be filled by the principle of due process.In the aspect of relief legislation,a pluralistic evaluation mechanism should be established,in which the grievance mechanism is the mainrelief mechanism and the litigation mechanism is the guarantee.