Rule of Law Construction and Assessment at the Local Level

地方法治建设及其评估机制探析（英文）

Going beyond the analytical model of the holistic state in rule of law discussion, we can classify the rule of law into national and local levels based on the stages and increments of its execution. The phenomenon of the local rule of law reflects the stages and incremental progress of building a rule of law China. It has a realistic foundation in society and a profound basis in legal theory. Comprehensively advancing the rule of law in China necessitates giving encouragement and support to construction of the rule of law at the local level. The attempts and experiments of local government enable us to explore and innovate the developmental model of the socialist rule of law with Chinese characteristics. The rule of law at the local level is embodied in three dimensions： ＂text--action---concept.＂ Assessment mechanisms and indicators for the local construction of the rule of law should also be established in accordance with this framework. The building of the rule of law at the local level should be synchronized with assessment of the rule of law. We need to optimize top-level design, conduct evaluations of local legislation, improve local rule of law work performance assessment and use a nile of law index to assess the local rule of law in an overall manner.

超越国家整体主义法治观的分析模式,按照法治发展的阶段性和渐进性,可以把法治类型化为国家法治和地方法治。地方法治现象是法治中国建设的阶段性和渐进性的表现形式,具有现实的社会基础和深刻的法理基础。全面推进依法治国,必然要求鼓励并支持地方法治化,通过"先行先试"探索和创新中国特色社会主义法治发展模式。地方法治化体现在法治的"文本—行动—观念"三个层面,地方法治建设的评估机制和评估指标体系也应依此设置。地方法治在建构过程中应当与法治评估同步,要求做好顶层设计,进行地方立法评估,健全地方法治工作绩效考核机制,运用法治指数从整体上评估地方法治化水平。