衡量的界限与法治——规范衡量论初探

The Limit and Rule of Law of Measure—— A Tentative Study on Standardized Measure Theory

衡量方法的兴起到底是法治理想失败的征兆,还是终极法治运行的体现,这取决于如何平衡法律的权威性、正确性和实效性关系,取决于使衡量趋于理性化与制度化的机制与条件。衡量界限的分析和规范衡量论的建构正是试图对此做出的努力之一,它重点在于探究衡量与法体系结构中不同要素、不同层次之间的复杂关系。衡量的界限也是法治的界限。规范衡量的界限包括权威主张的界限、不可共量的界限、理性要求的界限、规范结构的界限、法律体系的界限以及司法与立法的界限等。

The question about whether the rise of measure approach is a failure of rule of law, or ultimate operation of rule of law depends on balance of the relationship among authority, correctness and effectiveness of laws, mechanism and conditions of reasonable and systematic measure. The analysis of limit of measure and construction of standardized measure theory emphasizes the complicated relationships of different elements and levels in structure of legal system, which is one of our efforts. The limit of measure is also the limit of rule of law. The limit of standardized measure includes limit of authority, limit of reasonable requirement, limit of normal structure and limit of legal system as well as limit of justice and legislation.