論法治評估的三種類型－－法治評估的一個比較視角

On Three Types of Rule of Law Assessment: A Comparative Study of Rule of Law Assessment at Home and Abroad

國內外法治評估有著復雜的背景淵源，可被歸納為三種類型：定量評估、定性評估和建設評估。定量評估基於實證主義立場，偏重形式法治理論，以數據的形式反映法治的客觀屬性，具有標准化的方法步驟，即明確法治概念、界定各種變量指標、收集數據進行井算、審查評估結果。

Rule of Law Assessment at home and abroad have complicated backgrounds, which can be divided into three types: quantitative assessment, qualitative assessment and constructive assessment. Quantitative assessment based on positivism, emphasizing on theory of formalist rule of law and pursing to reflect the attribute of the Rule of Law objectively by data, with a standardized method step: defining the concept of the Rule of Law, defining various variables and Indicators, collecting data, and then calculating and reviewing the result. Qualitative assessment based on Hermeneutics and substantive theory of Rule of Law, which only professionals can perform, gives the value judgment of Rule of Law into practical phenomenon and has flexible multi-evaluations. Constructive assessment is interim evaluation in the period of transition, based on legal system theory and Rule of Law theory, social indicator theory and performance evaluation methods, led by government, pursuing to promote the rule of law generated. But it has some structural defects, such as weak theoretical foundation, the subject confused with object, indicator paying more attention to input than result and method being not precise enough. Construction assessment needs to be improved in the future, and the true meaning of Rule of Law assessment should be developed.