法治评估的量与质
发布时间：2018-10-13 18:24
【摘要】：如何走出一条合乎我国国情的评估之路是当前法治评估亟需回答的问题。系统认识评估中"量"与"质"的关系是关键。评估学及法治评估的西方源起与本土化的实践,决定了中外在法治评估"量"与"质"的表现及二者关系上存在差异。一方面是西方法治评估表现出的"西方宪政体制的缩影"与我国法治评估所呈现出的"嵌入性"之间的差异,一方面是方法论上的定量定性方法的运用及两者关系的差异。我国当前的法治评估所呈现出在"量"与"质"的关系上是失衡的,可以在强化运用既有理论成果的基础上,尝试以价值性评估进路破解量化法治难题,并在评估方法优化之外,着眼于提高评估过程的民主化程度、增强评估结果的合目的性。由此,可望促进法治评估中"量"与"质"的均衡关系,倡导法治建设的系统论、平衡观。
[Abstract]:How to find a way to evaluate the rule of law is a problem that needs to be answered. The relationship between "quantity" and "quality" in systematic evaluation is the key. The practice of western origin and localization of evaluation and evaluation of rule of law determines the difference between Chinese and foreign countries in the performance of "quantity" and "quality" of evaluation of rule of law and the relationship between them. On the one hand, there is the difference between the "epitome of the Western constitutional system" and the "embeddedness" in the evaluation of the rule of law in western countries; on the other hand, the use of quantitative and qualitative methods in methodology and the difference between them. The current evaluation of the rule of law in our country is out of balance in the relationship between quantity and quality. On the basis of strengthening the application of the existing theoretical achievements, we can try to solve the problem of quantifying the rule of law by the way of value evaluation. Besides the optimization of evaluation methods, it aims at enhancing the democratization of the evaluation process and enhancing the purposefulness of the evaluation results. Therefore, it is expected to promote the equilibrium relationship between quantity and quality in the evaluation of rule of law, and advocate the system theory and balance view of the construction of rule of law.
【作者单位】： 浙江工业大学法学院;
【基金】：国家社科基金项目(15CFX003) 教育部哲学社会科学研究重大课题攻关项目(13JZD011) 国家社会科学基金重点项目(13AFX012)资助
【分类号】：D920.0
，
本文编号：2269524
[Abstract]:How to find a way to evaluate the rule of law is a problem that needs to be answered. The relationship between "quantity" and "quality" in systematic evaluation is the key. The practice of western origin and localization of evaluation and evaluation of rule of law determines the difference between Chinese and foreign countries in the performance of "quantity" and "quality" of evaluation of rule of law and the relationship between them. On the one hand, there is the difference between the "epitome of the Western constitutional system" and the "embeddedness" in the evaluation of the rule of law in western countries; on the other hand, the use of quantitative and qualitative methods in methodology and the difference between them. The current evaluation of the rule of law in our country is out of balance in the relationship between quantity and quality. On the basis of strengthening the application of the existing theoretical achievements, we can try to solve the problem of quantifying the rule of law by the way of value evaluation. Besides the optimization of evaluation methods, it aims at enhancing the democratization of the evaluation process and enhancing the purposefulness of the evaluation results. Therefore, it is expected to promote the equilibrium relationship between quantity and quality in the evaluation of rule of law, and advocate the system theory and balance view of the construction of rule of law.
【作者单位】： 浙江工业大学法学院;
【基金】：国家社科基金项目(15CFX003) 教育部哲学社会科学研究重大课题攻关项目(13JZD011) 国家社会科学基金重点项目(13AFX012)资助
【分类号】：D920.0
，
本文编号：2269524
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