量化法治的权利向度——法治环境评估的构建与应用

The Right Dimension of Quantification of the Rule of Law: Construction and Application of the Assessment of the Rule of Law Environment

当前,国内量化法治多集中于法治实施评估,在树立"典范"的同时,也受到规范法治路径与方式的"束缚"。与法治实施评估相比,法治环境评估在评估目标、内容设置、指标选用、方法技术上均有不同,侧重于"权利实现"中法治资源的供给、分配及具体应用。法治环境评估以权利为向度,可跳出公权力运作的"评估黑箱",提供法治需求侧的真实讯息,激活公众的有效参与,加强国际交流与合作。以往评估实践忽略了法治环境评估的类型特征,存在忽视待评对象"专属身份"、与法治实施评估"混同处理"、"数据孤岛"以及评估质量管理"半程而止"等问题。中国法治环境评估应做到内外部"同步优化",既要向内完善权利测度的指标建模、抽样方案修定以及评估质量管理,也要向外推动多元数据之间的深度合作,衔接法治大数据的资讯入口,不断拓宽评估的"成长空间"。

At present,the quantification of the rule of law in China is mostly focused on the assessment of the implementation of the rule of law. While setting up a“paradigm”,it is also “bound” by standardizing the path and mode of the rule of law. Comparing with the assessment of the implementation of the rule of law,the assessment of the rule of law environment is different in four aspects: target,content,index and technique,and the emphasis is laid on the supply,distribution and specific application of rule of law resources in the realization of rights. The assessment of the rule of law environment takes rights as its orientation,which can jump out of the black box of the evaluation of the operation of public power,provide real information on the demand side of the rule of law,activate the effective participation of the public and strengthen international exchanges and cooperation. In the past,the assessment practice neglected the type characteristics of the assessment of the rule of law environment. There were some problems,such as ignoring the “exclusive identity”of the object to be evaluated,confusing with the implement assessment of the rule of law, “data island”and “half-way stop”of quality management. China’s environment assessment of rule of law should be “synchronized optimization”both inside and outside. It should not only improve the index modeling of right measurement,revision of sampling scheme and quality management of assessment,but also promote the cooperation among multiple data,link up the information entry of big data of rule of law, and constantly broaden the “growth space”of the assessment.