书名：中国人民大学中国法律发展报告 2015 中国法治评估指标
作者：朱景文
ISBN：978-7-300-22901-0
出版社：中国人民大学出版社
出版日期：2016.06
Ⅰ.China Indicators of the Rule of LawSince the late 1970s,China has pushed forward the rule of law with Chinese characteristics.What is the rule of law with Chinese characteris-tics?According to a decision on the rule of law published by the 4th plenary session of the 18th CCP's Congress the system of the rule of law with Chi-nese characteristics is composed of five sub-systems,namely,the legal norms system,the implement system of the rule of law,the supervision system of the rule of law,the ensure system of the rule of law and the sys-tem of CCP's rules and regulations,which established a basic framework to evaluate China's rule of law.Except them,the effect system of the rule of law is also a key indicator to measure the rule of law's functions and effectiveness.The effectiveness of the rule of law is a multi-dimensional concept,that is,if the rule of the law is able to keep the public power within the limits of law,if the human rights are respected and protected,whether the public security and the so-cial order are ensured,if the public powers' credibility and respect for law are improved and enhanced.The structure of China indicators of the rule of law is in the following table:Table1 Structure of China Indicators of the Rule of Law#12 Therefore,China Indicators of the rule of law in this report is com-posed of 6 indicators at the first level,20 indicators at the second level,66 indicators at the third level and 185 indicators at the fourth level.Ⅱ.Questionnaire Questionnaire in the China's Rule of Law Index divides into three kinds,namely,questionnaire for public,one for scholars and one for pro-fessionals.Questionnaire for public contains 3983 samples,and covers 28 provinces,national autonomous regions and municipalities under the central government,and distribution in term of age,sex,place of residence,in-come,and educational background basically conforms to the 6th national population census.Questionnaire for scholars contains 248 samples from di-rectors of professional councils under the China Law Society,and their ma-jors are mostly the Constitutional law,the administrative law,the legal theory and the economic law,with title of senior professional post,the par-ticipants are more familiar with the eastern part than western in China,city than countryside.Questionnaire for professionals contains 251 samples,in-cluding judges,prosecutors,police,lawyers,working members of people's congress and administrative organs,with high education degree,and the CCP's members account for 68.5%,and most participants worked in big cites for a recent year.Ⅲ.General Evaluation of the IndicatorsAnalysis of the indicators at the first level shows that every indicator at the first level scores about 70 points,that is,middle evaluation,in which the legal norms system scores 70.1,the implement system of the rule of law scores 68.8,the supervision system of the rule of law scores 70.7,the en-sure system of the rule of law scores 72.1,the CCP's rules and regulations system scores 69.1,all five indicators averagely score 70.2,and the effect system of the rule of law scores 69.7.That is to say,the difference of every indicators score is very small,and all indicators at the first level are bal-anced distributed.On the other hand,except indicators at the first level,the indicators at the second,third and fourth levels show a big difference.Almost all indica-tors scores concentrate in the section between 60 and 80,that is,middle and poor evaluation,in which only two indicators,the financial openness and the miscarriage of justice score bellow 60,and four indicators,the fundamental facili-ty ensure of prosecutions and police work,judical and the community public se-curity,score 78 that are the highest score,and no one scores over 80.Ⅳ.Evaluation of Various Indicators in China Indicators of the Rule of Law1.Legal norms systemThe legal norms system is composed of three indicators at second level,namely,the legislative completeness(69.0),the legislative scientificity(70.7)and the legislative democracy(70.6).Among the indicators of legislative completeness the legal system com-pleteness scores 71.8,but the legislative mechanism scores 66.2,there-fore,their difference is 5.6 score,which means that shortage of legislative completeness focuses on the legislative mechanism,including law-making,law-amending,annul and interpretation since the formation of legal system with Chinese characteristics in 2010.The legislative mechanism does not match to the social needs and social change.The legislative democracy indicator is composed of the legislative open-ness(72.5),the public participation(63.2)and the experts participation in law-making(76.2).It is noteworthy that big difference between public and experts participation in law-making is 13 score.Although the law-making organs at various levels always stress on the democratic legislation for re-cent years,as a matter of fact shortage of the legislative democracy lies in the public participation,especially contrasting to the expert participation in law-making.2.Implement system of the rule of lawThe implement system of the rule of law is composed of three indicators at the Second level,namely,the executive implement(67.7),the judicial imple-ment(68.9)and the social governance(69.8),in which no one scores over 70.The executive implement indicator includes four indicators at the third level,namely,the executive lawfulness(63.8),the executive strictness(70.9),the executive openness(65.8),and the executive efficiency(70.4),in which the administration doing nothing(62.1),the financial openness(59.5),as well as the executive efficiency in handling pollution cases(66.2)are poorly evaluated.The judicial implement indicator includes five indicators at third level,namely,(1)the judicial independence(70.2),in which the investigation,prosecution and judiciary independence score below 70;(2)the judicial fair-ness(70.4),in which the judicial fairness in trying administrative cases(67.6),the illegal contact between lawyers and judges(65.6)are poorly e-valuated;(3)the judicial convenience(70.1),in which the difficulty to fill cases,and expensive payment for lawyer and lawsuit are poorly evaluated;(4)the judicial openness(66.2)is composed of the court openness(70.6),the prosecution openness(67.9),the police administration openness(64.9),and the jail administration openness(61.3);(5)the judicial effi-ciency(67.6),in which the efficiency in enforcing civil cases scores only 62.0 that is the lowest score,and the efficiency in trying criminal cases score 73.3 that is the highest one.The social governance indicator includes four indicators at the third lev-el,namely,the governance by law(67.2),the legal service(70.7),the mediation(71.5)and the petition letter(66.5).It is noteworthy that the environmental pollution,urban construction,the traffic,food safety and market order under the indicator of governance by law score below 70,poor evaluation.Under the indicator of legal service,convenience of lawyer service scores 68.6,poor evaluation too,although lawyer service quality scores over 70.3.Supervision system of the rule of lawThe supervision system of the rule of law is composed of three indica-tors at the second level,namely,the documental supervision(70.9),the executive supervision(69.0)and the judicial supervision(72.1).Documental supervision indicator includes the supervision on law(71.2)and judicial interpretation(70.7).Under the indicators of executive supervision,inner supervision(67.4)and the people's congress supervision(67.5)are poorly evaluated,howev-er,audit supervision and administrative review score over 70.Under the indicators of judicial supervision,the inner supervision in ju-diciary and the people's congress supervision are poorly evaluated too,how-ever,prosecution supervision,higher authority's supervision and public o-pinion supervision are evaluated much better than the inner supervision and the people's congress supervision.4.Ensure system of the rule of lawThe ensure system is composed of three indicators at the second level,namely,the personnel ensure(70.8),the financial ensure(75.4)and the legal education and popularization law(70.0).The personnel ensure is composed of the judge,prosecutor,police and lawyer ensure,including quantity,technical quality,and professional mo-rality,in which judge,prosecutor and lawyer score over 70,however,po-lice scores 68.0.The Financial ensure includes the fundament facility(78.0),the fun-damental equipment(77.4)and the performance fund(75.4),which are the highest score in all second level indicators,however,salary and welfare scores 70.8.The Legal education and popularization law includes two indicators at the third level,namely,the satisfaction for law graduates(68.6)and the satisfaction for legal popularization(71.3).5.CCP's rules and regulations systemThe CCP's rules and regulation system is composed of four indicators at the second level,namely,the completeness of the CCP's rules and regula-tions(70.7),the enforcing force of the CCP's rules and regulations(68.1),the coordination between state's law and CCP's rules and regula-tions(65.0),and CCP's members' law-observing(72.6).The enforcing force of the CCP's rules and regulations includes punish-ment to break CCP's rules and regulations(66.4),which shows insufficien-cy of enforcing force,and the supervision of the CCP's rules and regulations(69.8)which is composed of superior supervision and discipline commission supervision that score over 75,the party members' supervision that scores below 65.Their difference exceeds over 10 score that reflects the current situation of supervision system in the CCP,the strong and poor link in the supervision mechanism of the CCP.6.Effect system of the rule of lawThe effect system of the rule of law is composed of four indicators at the second level,namely,the power-control(68.4),the human rights(70.3),the social order and public security(70.5),and the credibility and legitimacy(69.8).Power-control indicator includes the powers defined by law(75.5),the applying power according to law(71.4),the policy-making according to law(67.1),the incorruption(66.8)and the accountability(61.0).It is note-worthy that the score difference between the power defined by law and the policy-making according to law is 8.4,which reflects the difference between the power-control in law and practice.The accountability including law-breaking in the organizational and personnel appointment,law-making,ad-ministration,judiciary,prosecution score below 65,which shows a out-standing deficiency in the legal construction,that is,power-using and ac-countability do not support with each other,accountability of illegally pow-er-using can not be effectively traced.Incorruption scores 66.8,under which two indicators in all six,namely,incorruption of party,government leaders,score below 65.It shows that anti-corruption is still unable to sat-isfy the people's need although it has obtained a great achievement for re-cent years.It is fully shows that a saying "anti-corruption is always online"is absolutely right.Indicator of the human rights scores over 70,among which three indi-cators at the fourth level,namely,the religious belief freedom,the person-nel right(arresting according to due process),the right to education score over 75,accounting for 25%in all 12 human rights indicators.However,the right to equality and the government paying for land requisition relates to private property right score only under 65.It should be noticed that the equal right is a basis of all human rights.To a certain extent,evaluation of the human rights in a state lies if the individuals are equally treated by law.And the government paying for land requisition belongs to the range of property right,relating to protection of private property rights.And anoth-er side of protection of human rights is government power-control.Whether the equal treatment or the private property protection,controlling abusing-power is a key.Social order and public security indicator scores 62.8,under which sev-en indicators at the fourth level score under 65 in all eight indicators,inclu-ding cutting,selling fake,pirated software,running right light,gifting for service,smoking at no-smoking place,no declaration to pay tax,which are illegal and breaking social order acts that common people are very familiar.The percentages of poor evaluation to these indicators are over 64%,some of them reach over 70%.To a certain extent,it is just an important issue for whole people to lack the rule-based consciousness to be resolved in ur-gent need in current Chinese society in setting up the rule of law society.In contrast,the community security indicator scores 78.0,which reflects that the basis of public security in society is comparable stable.Indicator of credibility and legitimacy is composed of credibility(68.2),belief on the rule of law(70.1),identity with legitimacy(71.1)indicators at the third level.The scores of the accountability in proper order are the people's congress(70.8),prosecution(70.1),court(69.3),gov-ernment(66.3),and public security(64.7).The scores of the belief on the rule of law in proper order are judge(75.5),lawyer(75.3),prosecutor(75.1),deputies to the people's congress(67.6),police(67.2),govern-ment and party's officials(65.4),ordinary people(64.3).In term of the identity with legitimacy,the identity with traffic rules,government and network rumor,the reform and the rule of law,and etc.,score higher than identity with courts' wrong decision and criminal detention and rumor.The report suggests that except to stress on the top-design,China's rule of law construction at moment should enhance the construction of poor links,especially focus on the problems in the implement system and effect system of the rule of law,in which 31 indicators score below 65,accounting for 16.8%of all 185 indicators at the fourth level.According to answers of questionnaires,most important is to resolve five big problems,namely,the executive lawfulness,the incorruption,the accountability,the social order and openness.