新时期确立科学的“法治GDP”理念探略

Establishing scientific concept of "rule of law GDP" in the new period

党的十八届四中全会通过《中共中央关于全面推进依法治国若干重大问题的决定》以后,有更多的人在思考"法治GDP"的现实可操作性问题,但迄今极少人从理论层面上对其进行研究。当前,建立和实行"法治GDP"对于全面推进依法治国战略具有某种牵引性和规范性的影响。但"法治GDP"的指标体系具有相对性和局限性,以其考核、检查、规范各级政府的法治建设或行为,绝不能将之简单化或绝对化,特别要反对"唯法治"和"唯GDP"观点。要确立科学的"法治GDP"理念,把"法治GDP"建立在"五位一体"的广义"生产"的基础之上,其功能的发挥要辐射全面性的"GDP"领域,而且必须体现量化分析和定性把握的有机统一,并充分反映法治实施的措施保障和执行力度,建立合理的指标权重分配布局,还要尽可能地科学定位同法治工作直接相关的不可量化的项目。

After Decision of the CPC Central Committee on Promoting a Number of Major Issues of the Rule of Law was carried at the Fourth Plenary Session of the Eighteenth Central Committee of CPC,more people are considering the feasibility of the ＂ rule of law GDP＂,but till now few people have conducted the research on it at theoretical level. At present establishing and implementing the ＂ rule of law GDP＂ has leading and regulating effect on promoting the strategy of governance by law. Nevertheless the ＂ rule of law GDP＂ index system has its relativity and limitations,when it is applied to test,check and regulate the law construction and behavior of government,it has to be prevented from simplifying and absolutization. Especially the conception of ＂ only rule of law＂ and ＂ only GDP＂ should be opposed. The scientific concept of ＂ rule of law GDP＂ should be established,and the ＂ rule of law GDP＂ should be built on the foundation of ＂ production＂ in extensive meaning with five-in-one,giving full play to its functions in all-round GDP,and performing the organic unifying between quantitative analysis and qualitative handling. Meanwhile guarantee measures and enforcement of law,and the rational deployment of indices weights should be emphasized. The non-quantifiable projects concerning the rule of law should be oriented scientificly.