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近年来,法治评估成为衡量与评价法治状态的重要工具,但鲜有研究从源头上厘清法治的概念及概念化过程。法治概念是量化评估的逻辑起点,具有“承载评估目标”、“划定评估标准”、“明确评估范围”以及“指引指标操作”的作用。通过法学与评估学中法治概念的比较得出,法治概念在不同学科之下具有“动态性与稳定性”、“多样性与统一性”、“开放性与封闭性”的内在差别。科学的法治评估应亲历概念化过程,实现法治概念从法学到评估学的解构与重组,并符合“明确的法治价值指向”、“层级归齐和结构完整的法治制度”、“映射法治资源与地方国情”、“可拆分的法治分类集群组合”四个要件。
In recent years, the assessment of the rule of law has become an important tool for measuring and evaluating the status of the rule of law. However, few studies have clarified the concept of the rule of law and the conceptualization process from the source. The concept of the rule of law is the logical starting point of quantitative evaluation. It has the function of “carrying evaluation target”, “delimiting evaluation criteria”, “specifying evaluation range” and “guiding index operation”. Through the comparison of the concepts of rule of law in law and assessment, the concept of rule of law in different disciplines has such characteristics as “dynamic and stability”, “diversity and unity”, “openness and closedness” The inherent difference. Scientific assessment of the rule of law should go through the process of conceptualization to realize the deconstruction and reorganization of the concept of the rule of law from jurisprudence to assessment and conform to the principle of “rule of law with a clear value of the rule of law”, “rule of law at a hierarchical level and with a complete structure” Map the rule of law resources and local conditions “, ” separable rule of law classification cluster combination "four elements.