Research On Quantitative Evaluation To The Rule Of Law Building

People over the globe have long been pursuing relentlessly for the building a legal society, they are full of bright hope and are attracted toward the blue print. In the past, people tended to focus the legal society building on means of theoretical research. Recently, following with the empirical research method's being introduced into legal research field continuously and the crossover effects among disciplines, researches on quantitative evaluation to the rule of law building have made practically progress. Laid the theory of rule of law as cornerstone and based on series systems of evaluation index, quantitative evaluation to the rule of law building pays more attention to the rule of law building situation in society, investigates and evaluates conditions of the rule of law in realistic society, with purposes to definite the objective of rule of law building.In this paper, based on the investigation and research for quantitative evaluation practices of the rule of law building at home and abroad, it does some further discussion on the rationale and practically feasible of quantitative evaluation practices of the rule of law building, evaluate objectively the function and role the Rule of Law Index, which is a form of quantitative evaluation to the rule of law, and tries to propose some constructive suggestions for the question how to make the system play more effectiveness. In the preface, it firstly lists the domestic research achievements on this subject, points out their disadvantages and indicates the emphasis this paper tries to discuss. In the meantime, it defines three critical words and phrases, such as the quantitative evaluation to the rule of law, the system of overall indicator on quantitative evaluation to the rule of law and the index of rule of law, and further their respective connotation and mutual relations. We believe that the quantitative evaluation to rule of law is the widest one among these concepts, the system of overall indicator on quantitative evaluation to rule of law is the first step of the quantitative evaluation to rule of law, while the later is the former's essential footstone. The index of rule of law is a definitely practical manifestation to the quantitative evaluation to the rule of law, and denotes the latter's result. There are four mainly parts in all below:Part I: The theoretical possibility of the quantitative evaluation to the rule of law. It is the two points constructs the theoretical basis of the quantitative evaluation to the rule of law investigated in the global scope that the development of the globalization of the rule of law and the development concerned in the human right. Just for in this good situation of the development of rule of law, it is possible to be compared and referred mutually among different quantitative evaluations to the rule of law, and play its proper role. Meanwhile, the territoriality, abstufung and concreteness of the rule of law prove a sound theoretical basis the quantitative evaluation to the rule of law.PartⅡ: The realistic feasibility of the quantitative evaluation to the rule of law. It has realistic manipulity that the quantitative evaluation to the rule of law, which is mainly basic on three aspects, namely: the social effectiveness evaluation of the rule law building, the construction of the rule law evaluation index system and the support of scientific research method.PartⅢ: The practice and exploration of the quantitative evaluation to the rule of law. The forms of the practice and exploration in the quantitative evaluation to the rule of law is the index of rule of law. In this part, after defined the concept of the index, it indicates that the index of rule of law has quantitative, concrete, systematic and procedural features. Further more, it analyses what is the difficulty in the process of measure the index rule of law. Besides, it introduces the rule of law index sponsored in the World Justice Project and the practice of the index in some areas in China in this part, and analyses emphatically the features of the index practice in some areas of China.PartⅣ: The realistic measure of the rule law index. On the basic of foregoing theoretical and practical analysis, it concludes that the rule of law index can measure the situation of the rule of law building, can quantize the reality of the rule of law and has positive facilitation and profound and lasting significance on the rule of law building. Be limited by subjective and objective factors, even the defeats of research methods, however, it could not contain all the reality of rule of law. Consequently, we should be objective to the role of rule of law index. Based on that, the author analyses thoroughly how to promote the rule of law index more efficient by evaluating the practices of rule of law index in China.