A LA W BASED GOVERNMENT , WHERE ARE WE NOW?

法制政府，中國還有多遠？

法治政府已經成為中國政府建設的目標之一。部分地區開展的法治政府評估實踐對於客觀評價地方法治政府建設狀況，推動地區法治政府建設起到重要的促進作用。中國政法大學法治政府研究院2013年開展的全國法治政府評估，研發的指標體系以國務院有關法治政府建設的文件為政策依據，涵蓋機構職能和組織領導、制度建設和行政決策、行政執法、政府信息公開、監督和問責、社會矛盾化解和行政爭議解決等方面，調查方式包括實地調查、問卷調查、網絡調查和體驗式調查等多種方式，將具有立法權的53個較大市作為評估對象。根據評估結果可見，各地法治政府的基本制度框架已經形成，法治觀念和意識有所提高，但是整體尚處於較低水平，尤其是公眾滿意度較低。規範性文件制定不規範，重大決策民主程度偏低，信息公開需要更好地回應公眾需求，政府化解社會矛盾的能力有待提高。

A law based government s one of the objectives of the Chinese administration. A pilot propram that featured evaluating local governments’practices in pursuing the government－by－law objective has been viewed as an impetus for local governments to improve their work. However, the current evaluation efforts have been restricted to a small scale, which has resulted in a lack of overall evaluation and regional comparison. The Center for A Law Based Government, under the CUPL, unveiled an evaluaton effort in 2013, the standards developed and introduced were in line with the relevant decisions and policies issued by the State Council, and covered a wide range of governmental functions including institutional competence, organic leadership team building, administrative law enforcement, government information disclosure, supervision and censorship , social harmonization and administrative dispute resolution. The means of date－collecting included field surveys, questionnaires, network opinion polls and xperiential surveys, and evaluating 53 relatively big municipalities that were delegatd with legislative power. Evaluation results showed that the average scores of those cities stood at 188.87，63 percent of the total 300. Overall, a basic government－by－law structure was completed and local governments evaluated, along with the increasing rule－of－law concept and awareness, which, was still at a lower level, especially in terms of the public satisfaction rating . Local governments need to introduce more standardized regulations and rules, and adopt more democratic policy procedures and decision－making, thereby ettering the information disclosure mechanism in order to meet public need and improve dispute－resolution measures to boost social harmony.