地方法治量化评估若干理论与实践问题研究——以S省依法行政第三方评估为例

On Several Theoretical and Practical Issues Regarding Quantitative Assessment on Local Rule of Law:Taking the Third Party Assessment on Administration in Accordance with Law in S Province as an Example

全国多个省市的法治评估实践经验表明,建立科学的地方法治量化评估指标体系对于全面推进依法治国具有现实意义。地方法治评估有其特定的理论定位,为此需要处理好法治理论与实践的普适性与特殊性、国家法治建设顶层设计与地方法治评估、法治评估的一般功能与特殊功能、地方法治评估的无量纲化与不可公度性四大关系。S省法治评估起步较晚,具有自身特色,但也存在偏重工作考核、评估中立性不足、指标设置以及考核方式有待完善等问题。构建科学合理的地方法治量化评估机制,需要解决好以下四个方面的问题:一是法治理论研究与评价指标设置的协调;二是地方法治评估的中立性;三是指标内容设置的合理性;四是定量与定性的有机结合。

As demonstrated by practices and experiences of assessment on rule of law in several provinces and cities throughout China,it is of practical significance for comprehensive promotion of rule of law to establish scientific quantitative assessment index system of local rule of law.As assessment of local rule of law has its unique theoretical positioning,it is essential to balance the following four relations：relation between the universality and the distinctiveness of theories and practices of rule of law;relation between the state top design of building rule of law and assessment of local rule of law;relation between general function and particular function of assessment of rule of law and relation between the dimensionlessness and incommensurability.S Province started late in the assessment of rule of law and has its own characteristics.Nevertheless,there are still problems as follows：laying particular stress on work evaluation,lack of neutrality in assessment,and imperfectness in the establishment of index and assessment methods.To set up scientific and reasonable quantitative assessment system of local rule of law,problems in the following four aspects should be solved：1.The harmonization between the theoretical research on rule of law and the establishment of assessment index;2.The neutrality of assessment of local rule of law;3.The reasonableness of the establishment of index contents;4.The organic integration of quantitative methods and qualitative methods.