论我国法治评估的多元化

法治评估；法治指数；多元化；建构主义；现实主义
While it seems that the rule of law assessment practice in China has formed a “rule of law assessment movement”, there is a singleness-limitation about the movement on the whole, which includes the representationalism in assessment index, the examination-focus of function orientation, the quantification-domination of assessment methods, the ex post perspective in procedural settings, and the onlooker-consciousness on standpoint selection. The singleness-limitation of the rule of law assessment movement will not only undermine the value of the rule of law assessment, but also harm the development of the rule of law. The development feature of construction of Chinas rule of law requires diversified development of the rule of law assessment. Meanwhile, the rationalization of society also provides the possibility for the diversified development of the rule of law assessment. The key to the diversified development of the rule of law assessment lies in transcending the existing model of rule of law assessment which is dominated by the rule of law index and the performance of the rule of law. That is to say, the rule of law assessment movement should advance from constructivism rule of law assessment to realistic rule of law assessment. Realistic ruleoflaw assessment is problemoriented, utilizationoriented and situationally responsive, which emphasizes both the usability of assessment results and the value of assessment process.