Reform-Induced Rule of Law: A Historical and Empirical Study
文章通过数据分析来诠释我国法院发展的独特路径,提出我国法院的发展主要得益于三个方面的改革措施:第一,经济领域的改革不仅推动了计划经济时期政府拥有的裁决职能向法院转移,同时提高了社会的法治需求;第二,法院自身也通过不断的改革来回应更高的法律服务需求;第三,司法经费体制改革强化了财政对法院经费的保障,是法律服务质量不断提高的重要基础。文章认为,改革是推进中国法治发展的重要源泉,当前法治建设中存在的问题也需要通过进一步的改革予以解决。The prerequisite for promoting the rule of law in China is to understand the mechanisms of its evolution. Based on empirical data,this paper presents the theory of reform induced law by studying the evolution of Chinese courts and analyzing reforms in three areas that have promoted the progress of Chinese courts. Economic reforms have forced the function of dispute resolution to be transferred from the government to the court,and have simultaneously increased the demand for legal services. Reforms of the court system in response to increased demand for legal services have also led to legal progress. Reforms related to judicial funding have also helped improve the quality of court services. We thus argue that reform is the key driver of legal development in China and existing problems in the legal system will also need to be solved through reform.