论"可及性"对于法治的重要作用
本文论述了“可及性”对于法治的重要意义。
The importance of accessibility for the “rule of law”
Introduction
Kathryn Hendley thought in his article that “procedural regularity”, “accessibility” and “efficacy” are important to effectively measure the “rule of law”. I really agree what he said. In this comment I want to discuss “accessibility”, one of the three factors, to see how important it is for the reality of “rule of law”.
Analysis
I would like to point out that “Accessibility” should be the key factor to decide whether a country is ruled of law after a whole set of laws have been prepared.
1. Only a law becomes public should it be implemented.
One can not follow a rule which he did not know it. In order to make people to obey the law, the lawmaker must promulgate it, publish it in a newspaper, put it on a governmental website or through other forms to make people to know it. The author had pointed out that in Soviet-era legislation was not transparent, laws were poorly indexed and it was not easy to access them. It significantly led to the poor condition of “rule of law” because few people had knowledge about the contents of law.
2. Law should be easily accessed, it is a fundamental condition. If in a country people can access laws and information easily, people will be more likely to observe laws. 1. Law provisions will provide him with clear norms for conduct to make he know what he should do, what he should not do if he knows law well. 2. One would stop to commit an unlawful conduct due to his knowledge of the law and may consider the result of his conduct; he may scare legal sanctions and choose to obey the law. “rule of law” will be realized through the observation of everyone in the society.
3. How easy the law is accessed reflects the degree of implementing “rule of law”. If a lawmaker wants the law to be secret, in fact it did not want the law to be implemented, especially a circumstance under which the implementation of law conflicts its interests. The harder to access the law, the poorer condition of realizing “rule of law”.
Conclusions
Soviet Union had made efforts to make its laws transparent and accessible, but it was far from satisfactory. In order to fully realize the rule of law, a country should use every efforts to make its citizens to know them.
本人男，汉族，1987年11月出生于湖北。2010年武汉科技大学法学本科毕业。毕业后，先后在越南（15个月）、埃塞俄比亚（2013年6月至今）工作，热爱法律英语。在学习之余，随手写下了这些文章，供各位在学习、考试中参考，但请不要复制或抄袭。如有疑问或需要可联系本人，QQ：1003703168。