Introduction. 1) Introduction to the World Justice Project.
The World Justice Project (WJP) is an independent (non-**) multidisciplinary (17 professional fields) and international (more than 100 countries) rule of law academic and practicing lawyer leaders, which aims to provide practical testing data and quantitative evaluation reports for the progress of the global rule of law and the construction of the rule of law in various countries. Special Report on the Rule of Law Index of the First Level Factor of WJP", etc.
2) The coordinate quadrant and definition of the rule of law index.
According to the global average of the rule of law index of the participating countries or regions, 055 sets the passing line, wherein: above the passing line is divided into the first quadrant and the second quadrant; Below the passing line, there are three and four quadrants.
For example, the 2023 quadrant division and interval definition is:
The first quadrant (exponential distribution 0..)75～1.00), which is defined as "the rule of law and civilization is good-excellent interval". There are currently 18 countries (regions) in this range.
The second quadrant (exponential distribution 0.).55～0.74), defined as "rule of law civilization passing - good interval". There are currently 45 countries (regions) in this interval.
The third quadrant (exponential distribution 0.).40～0.54), defined as "the rule of law civilization fail-near-pass range". There are currently 60 countries (regions) in this range.
Fourth quadrant (exponential distribution 000～0.40), defined as "non-rule of law and uncivilized intervals". There are currently 19 countries (regions) in this range.
1. Two "shortcomings" of China's rule of law index
According to the China page of the 2011 2023 World Justice Project (WJP) Rule of Law Index Report, the "China Rule of Law Index" (Overall Index Score, or Total Index Value) ranges from 056 (the average of Beijing, Shanghai and Guangzhou in 2011, which belongs to the rule of law passing range) changed to 047 (the national average in 2023, which is in the rule of law failure range), and currently ranks 97th among the 142 countries (or regions) participating in the evaluation. Why?
The analysis found that the overall index of China's rule of law scored too low (0.) in the past 12 years (excluding 2011).47) The two main contributing factors are: "Fundamental Rights of Citizens" (Rule of Law Index 0.).25) and "Restraint of power" (rule of law index 0.).31）。
That is, because two of the eight first-level factors that make up China's overall rule of law index have the lowest scores, they are respectively far from the average of the global rule of law index (0.55) There are 30 and 24 levels, which are currently at the bottom of the fourth quadrant of the rule of law index coordinates (i.e., the non-rule of law and uncivilized intervals). Therefore, these two "shortcomings" mainly affect the overall score of China's rule of law index as a whole. (See "Philosophical Bulls: China's Rule of Law Index 2023").
1) Fundamental rights
1.WJP's explanation of the "Fundamental Rights Rule of Law Index".
The rule of law index of this first-level factor (see page 31 of the Report) is used to measure and constrain the "system of substantive law" (system of substantive law and system of substantive law) that does not respect the core "human rights" established by international law, because it is at best a "rule by law" system and does not deserve to be called a "rule of law" system. In addition, since there are many other indicators that show the implementation of human rights, and because it is not possible for the Fundamental Rights Rule of Law Index to assess compliance with all rights, this first-level factor focuses on the most modest options of rights that are firmly entrenched in the United Nations Universal Declaration of Human Rights and most closely related to rule of law concerns.
2.The United Nations Universal Declaration of Human Rights refers to the meaning of fundamental rights in "human rights".
Preamble: Whereas the recognition of the inherent dignity of all members of the human family and their equal and inalienable rights is the foundation of freedom, justice and peace in the world.
Article 1: All human beings are created equal, equal in dignity and in law.
Article 2: Everyone shall enjoy all the rights and freedoms set forth in this Declaration.
Article 3: Everyone has the right to life, liberty and security of person.
Article 8: Any person who has been infringed upon his fundamental rights under the Constitution or by law has the right to appeal to an effective remedy for such violation by a competent national tribunal.
Article 17: Everyone may have separate ownership of property and ownership rights jointly with others.
Article 18: Everyone has the right to thought, conscience and religious belief.
Article 19: Everyone has the right to freedom of expression and expression.
Article 20: Everyone has the right to freedom of peaceful assembly and association.
Article 21: Everyone has the right, directly or indirectly, to vote and to participate in the governance of his country and in public service.
Article 23: Everyone has the right to work, to choose his or her own employment freely, and to enjoy fair remuneration.
Article 25: Everyone has the right to health, welfare, including food, clothing, shelter, medical care and social security for vulnerable groups.
Article 26: Everyone has the right to education.
Article 27: Everyone has the right to protect his or her intellectual property rights and his or her material and moral interests.
Article 29: Everyone has an obligation towards society to ensure recognition and respect for the rights and freedoms of others in order to maintain public order and morality.
3.Briefly. In summary, the "basic rights of individuals" (private rights) are closely related to the "rights of human beings" (human rights), both of which are the rights granted to individuals and their collective human beings by national law (part of the private rights law system such as the Constitution, civil law, criminal law, procedural law, etc.) and international law (part of the human rights law system such as the Universal Declaration of Human Rights, international conventions, etc.), and these rights include the ownership rights (private rights) and political, economic, social and other basic rights (common rights) such as the safety and freedom of life and property of individual citizens.
If a national legal system and a legal system exist at the same time as a public law system to protect national interests and a private law system to protect private interests, that is, countries where public and private ownership coexist, then these countries are "civilized and excellent" countries with a "civilized and excellent rule of law". For example, the rule of law (total) index is at 055～0.Sixty-three countries or regions in the 90's.
If the protection of the private rights and basic rights of individual citizens (private ownership) is missing, then the state system of "surname capital" or "surname society" is a kind of state that "fails to pass the rule of law and civilization or is not rule of law and is uncivilized". For example, the rule of law (total) index is at 054～0.26 of seventy-nine countries or regions.
The WJP Rule of Law Index Report also points out that the rule of law (total) index falls at the coordinates.
1. The second quadrant (055 or more) are economically developed or moderately developed countries with a relatively high per capita income level (except for non-workers); In the first.
3. The fourth quadrant (0.).below 55) are underdeveloped or underdeveloped countries with low per capita income levels (except for the privileged groups).
4.The rule of law index of the basic rights of Chinese citizens is 025
According to the 2012 2023 report, the index starts from 035 slipped to 025 means that in the Rule of Law Index assessment table 100 levels (000～1.00), China's "basic rights of citizens" (i.e., human rights) have been reduced by 10 levels, or in other words, China's "individual legal rights" (i.e., private rights) have been compressed by 10 levels.
In other words, the current situation and trend of "basic rights" (protection of human rights and protection of private rights) or the "rule of law civil rights index" (the degree to which the legitimate rights and interests of citizens are protected in accordance with the law) among the eight first-level factors of the World Justice Project (WJP) Rule of Law Index, the rule of law index is 025 points are extremely poor, and he is currently ranked 139th in the world, fourth from the bottom. Top-level design and in-depth reform are urgently needed.
2) Constraints on powers of government rule of law index.
1.Conception. The rule of law index, the first level of the factor (see page 28 of the Report), is used to measure the degree to which those in power are bound by the law. The laws that bind** mainly include all laws and regulations in the constitution (national legal system and rule of law system) and institutions (national legal system and rule of law institutions). By governing public power in accordance with the law, the power of ** and its ** and ** people are limited and their responsibilities are held accountable in accordance with the law. The rule of law system and rule of law institutions also include non-** organizations or individuals and non-official institutions or individuals, who take the initiative to assume their own (subject) legal responsibilities and legal obligations, and inspect, supervise and help improve their power in accordance with the law, such as free and independent press**, third-party institutions, civil society, and so on.
2.China's Restraint ** Power Rule of Law Index 031
From 2012 to 2023, the index will increase from 036 to 0The meaning of 31 (currently ranked 134th in the world, ninth from the bottom) shows that China's ** public power (public power) has not only not been effectively constrained, but also has not achieved the goal of "rule of law ** power", that is, limited ** power or "putting public power in a cage"; On the contrary, it has been effectively expanded or expanded to 5 levels, and there is a contradictory phenomenon of "non-rule of law ** power", that is, unlimited ** power or "putting civil rights in a cage".
That is, the rule of law index of the powers exercised by our country** or other public institutions in the past 12 years (excluding 2011) is 031. It is currently in the "uncivilized and non-rule of law interval" (the middle of the fourth quadrant of the rule of law index coordinates). In other words, the current situation and trend of the "rule of law power index" (the degree of restraint or restriction of public power) is very poor, ranking 134th in the world and ninth from the bottom. Top-level design and in-depth reform are urgently needed.
II. Two "shortcomings" in China's deep reform of the rule of law
1) The basic rights of citizens (private rights) are compressed.
According to the "China Rule of Law Index" (total index 0.47) of the eight first-level factors (surface structure), one of the "basic rights of citizens" of the middle structure (second-level factor) and deep structure (first factor) preliminary analysis of the first level of the country, and the general public want to improve the "basic rights" of citizens (individuals and privates) (rule of law index 025 at the bottom of the non-rule of law) (ranked fourth from the bottom in the world), and the areas that are in urgent need of improvement are:
Status quo of effective protection of the right to freedom of opinion and expression (index 0.).10 is in the bottom line of uncivilized - non-rule of law);
Status quo in which the right to freedom of conscience and religion is effectively guaranteed (index 0.).20 at the bottom of the uncivilized - non-rule of law);
The status quo of effective protection of the right to prevent arbitrary interference with personal privacy (index 0.).12 is at the bottom line of uncivility - non-rule of law);
Status quo in which the rights to freedom of assembly and association are effectively guaranteed (index 010 is in the bottom line of uncivilized - non-rule of law);
Therefore, it is time for our legislative, law enforcement, judicial, administrative and other organizations or individual groups related to the construction of the rule of law to jointly establish, improve and effectively implement the legal system for the protection of the fundamental rights of individuals (the private law system), so as to commit to the basic rights and related legal rights granted to citizens or individuals by the state in the Constitution, civil law, criminal law, procedural law, and the core subsystem of the legal system such as the Universal Declaration of Human Rights and international law (the private law system).
This is because the basic rights conferred on individuals under domestic and international law include: (1) the private rights of ownership rights of individuals for the security of life and property, that is, the private rights granted by the law or the law or the Constitution; and (2) fundamental rights shared by all citizens, i.e., those rights that are equal to all persons under national and international law. (See Universal Declaration of Human Rights).
The "system" and "system" of the state that protects the rights of individuals are the "civil law systems" or "private law systems" of the country - that is, "private law system or civil law system" + "private law system or civil law system" = private ownership.
Therefore, as long as we deepen the reform and do a good job in this first "shortcoming", it will be difficult for the international community and human rights organizations to say that China's "human rights situation has deteriorated", "basic rights are fictitious", "the private law system is nihilistic", and so on.
b) ** power (public power) is expanded.
According to the "China Rule of Law Index" (total index 0.47) of the eight first-level factors (first-level structural factors) two of which "restricted** power rule of law index (0.31) of the second layer of structural factors (sub-factors) and the third layer of structural factors (sub-sub-factors), the analysis of the preliminary knowledge that China and the general public want to improve the "limiting power" (rule of law index 031 in the middle of the non-rule of law) (ranked ninth from the bottom in the world), and the main areas of improvement are:
*Power is effectively limited by the legislature" (rule of law index 0.).35 in the middle of uncivilized - non-rule of law);
*Power is effectively limited by the judiciary" (rule of law index 0.).26 at the bottom of the uncivilized - non-rule of law);
*The power is subject to the inspection and supervision of non-** organizations or third-party institutions" (rule of law index 0.).10 is in the bottom line of uncivilized - non-rule of law);
and the status quo of "the transition of power is based on legal process" (rule of law index 0.).25 at the bottom of the uncivilized - non-rule of law).
That is, China's legislative, law enforcement, judicial, administrative and other organizations or individual groups related to the construction of the rule of law should now jointly establish, improve and effectively implement the "legal system that restricts the protection of public power and its interests (public law systems), that is" public law system "+ "public law system = public ownership, which needs to be constrained."
Therefore, as long as we deepen the reform and do a good job in this second "short board", and support the emancipation of the mind and the rule of law, the deep reform of the legal profession and the international rule of law society, it will be difficult to say that China has "too much power", "too much public power", "the public law system is difficult to change", and so on.
Epilogue. The spirit of the Third Plenary Session of the 11th CPC Central Committee and the Third Plenary Session of the 18th CPC Central Committee showed that the relationship between socialist public ownership (public law system) and private ownership (private law system) between citizens and human beings (private law system) is opposite and complementary, not contradictory and mutually exclusive. Otherwise, it will be impossible for China to surpass the extreme private ownership and extreme public ownership of the tremendous achievements it has made in the past 45 years of emancipating the mind and deepening the reform of the rule of law.
May the rule of law rule the world be peaceful!
Philosophical cows. January 30, 2023 in Zhong**Tian.