The Transformation of Discipline Evaluation under the Rule of Law——Based on the Analysis of the Fourth and Fifth Round of Discipline Evaluation Models
At present,the discipline evaluation is in a swinging position,lacking both the independence of the third-party evaluation and the legal constraint and supervision that the public power itself should accept.In fact,discipline evaluation should be recognized as an administrative act,and its type of behavior is administra-tive rating.The attribute of administrative behavior of discipline evaluation determines that it cannot fully real-ize"de-administration",but it does not mean that it contradicts the policy requirement of"separation of man-agement,operation and evaluation",and even promotes the realization of the spirit of"separation of manage-ment,operation and evaluation",and then realizes the"Pareto improvement"in the allocation of evaluation sub-jects.Therefore,the disadvantage of subject evaluation is not its"official color",but how to promote its norma-tive development through the path of legalization.Different from the previous process paradigm and result para-digm,the value type paradigm of administrative law can be used to analyze the disadvantages of discipline eval-uation,and the difficulties of the rule of law of discipline evaluation can be summarized into the problems of jus-tice,science and participation.Thus,for the transformation of discipline evaluation under the rule of law,the unity of legitimacy,science and democracy should be realized through the implementation of diversified institu-tional means.
discipline evaluationseparation of management,operation and evaluationthird-party evalua-tionadministrative rating
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