| The existing theories and systems related to the performance evaluation of administrative organs focus on the investigation of the duty of act and the possibility to avoid the consequence, but do not really involve the discussion of the possibility of act. Relevant theories assume that the problem of the match between administrative duties and administrative capacities has been solved by legislation or that relevant power and responsibility arrangements have been justified through democratic legislative procedures. However, Chinese legislature does not have the substantive power to decide on the allocation of administrative resources and there are many administrative tasks in Chinese law whose goals and capacities do not match. To accurately evaluate the performance of an administrative organ, in addition to examining the duty of act and the possibility to avoid the consequence, it is also necessary to integrate the allocation of administrative resources scattering in the system of organization management, budget, planning and so on, comprehensively consider the accessibility and adequacy of administrative resources and their degree of match with administrative tasks, and determine the reasonable expectation of the possibility of act of the administrative organ. In the case of impossibility or incomplete possibility of act, the duty performance of an administrative organ should be evaluated and its liability should be determined in light of such factors as whether it has adopted an alternative performance plan, whether it has actively requested other administrative resources, and whether it has reasonably adjusted public expectations. |
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