量化评估中的“法治概念”与“概念化”

The Concept and Conceptualization of the Rule of Law in Quantitative Evaluation

近年来,法治评估成为衡量与评价法治状态的重要工具,但鲜有研究从源头上厘清法治的概念及概念化过程。法治概念是量化评估的逻辑起点,具有"承载评估目标"、"划定评估标准"、"明确评估范围"以及"指引指标操作"的作用。通过法学与评估学中法治概念的比较得出,法治概念在不同学科之下具有"动态性与稳定性"、"多样性与统一性"、"开放性与封闭性"的内在差别。科学的法治评估应亲历概念化过程,实现法治概念从法学到评估学的解构与重组,并符合"明确的法治价值指向"、"层级归齐和结构完整的法治制度"、"映射法治资源与地方国情"、"可拆分的法治分类集群组合"四个要件。

Nowadays,the assessment of the rule of law becomes an important tool to measure and evaluate the state of the rule of law. However few studies focus on the concept and ceptualization of the rule of law originally. The concept of the rule of law is the starting point for quantitative assessment logically,which can set up objective goal and evaluation criteria,define clear range and guide indicators operation. Through the comparison between subject of law and valuations, it shows that different characteristics of the concept of the rule of law between the two subject,which is defined as＂ dynamic and stability＂,＂diversity and unity＂,＂open and closed ＂,＂vagueness and ambiguity ＂. The conceptualization of the rule of law in the quantitative assessment should orientated definitely,and consistent with clear value of the rule of law,relatively complete legal system,reflect on local resource and conditions,and open inner element,so as to guarantee the assessment of the rule of law scientifically and feasibility.