Font Size: a A A

A Comparative Study On The Evaluation Indexes Of Rule Of Law In China And Abroad

Posted on:2018-04-20Degree:MasterType:Thesis
Country:ChinaCandidate:M X FuFull Text:PDF
GTID:2336330518452440Subject:Law
Abstract/Summary:PDF Full Text Request
At present,the evaluation of the rule of law in our country presents a ladder-like development,which is manifested in two aspects:one is the difference between the whole and the local,local and local evaluation of the rule of law;the second is the theoretical and practical design Index system there is a big difference.The full construction of the rule of law requires the formation of unbalanced problems of the rule of law.This paper aims to find a way to improve the evaluation system of the rule of law in China by means of comparative study of Chinese and foreign legal evaluation indicators.The scientific approach to the evaluation of the rule of law is to rationalize and manipulate the concept of the rule of law on the basis of clarifying the concept of the rule of law,and to design the specific measurement indicators and the weight of the index around the basic principles.International rule index,freedom index,global corruption index,etc.These indicators of the rule of law index can be summed up in five categories:the power of control indicators,the eradication of corruption Indicators,government performance indicators,basic rights protection indicators and judicial justice indicators.The rule of law assessment has become a new starting point for domestic law research and a strong starting point for the construction of the rule of law.The theory of the establishment of a number of legal evaluation of research positions,the theoretical basis of the rule of law assessment,type structure in-depth study.To all levels of government as the representative of the practice sector have carried out the rule of law assessment campaign.The indicators of the rule of law in China can be summarized as six categories:legislative indicators,law enforcement indicators,judicial indicators,compliance indicators,legal supervision indicators and social satisfaction indicators.Compared with the evaluation index of the rule of law outside the country,the lack of power control index in the country,the weight of the eradication of corruption index is too light,the clarity of the basic rights protection index is not enough,and the difference of the index system is different.The reason for the difference lies in the legal environment of the two,the understanding of the concept of the rule of law,the choice of the rule of law assessment,the goal of the rule of law assessment are not the same.After the comparative analysis,the author thinks that the path of perfecting the system of judging the rule of law in our country is:to adopt a number of reasonable ways to promote the common understanding of the connotation of the rule of law;to maintain the rational understanding of the rule of law,do not fall into the misunderstanding of idealism and utilitarianism;The specific design level,the state only on the common part of the rule of law to build indicators,give the local a certain degree of autonomy,to adopt a flexible and personalized principles,while strengthening the rule of law to assess the results of the incentive effect.
Keywords/Search Tags:assessment of rule of law, evaluation of the rule of law system, formal rule of law, substantive rule of law, value approach
PDF Full Text Request
Related items