The core essence and basic path of scientific legislation
August 03, 2022 09:48 Source: "China Social Sciences" August 3, 2022 Total Issue 2462 Author: Huang Xiaohui

General Secretary Xi Jinping emphasized,Comprehensively promote the governance of the country according to law,We must adhere to scientific legislation。"Standing in the world,The world is ruled by the world;,The rule of one country。"Construction of the rule of law China,Must strengthen and improve legislative work,In -depth promotion of scientific legislation、Democratic legislation、Legislation according to law,Constantly improving legislative quality,Ensure high -quality development with high -quality legislation、Promote comprehensive deepening reform、Maintain social stability。

  Bet365 lotto review

Grasp scientific legislation,First of all, you must understand the meaning of science。According to the interpretation of "Modern Chinese Dictionary",Science,As a noun,refers to reflecting nature、Society、Thinking about the objective laws of the division of knowledge; as an adjective or adverb,refers to science,That is, it is in line with objective laws。Based on this,It can be considered,Science legislation,refers to the legislative compatible with objective laws,or,The core of scientific legislation is to respect and reflect objective laws。Guidance with this,Contact the actual situation of legislation,You can get four cores of scientific legislation。

First,From the perspective of national governance,Scientific legislation requirements Legal legislation must meet the spirit of the rule of law,reflect the will of the people、Maintenance of people's rights、Stand -up state power。The purpose of legislation is to provide people’s bet365 live casino games social activities guidelines,Realize national governance,Therefore,Scientific legislation must first consider the problem at the national governance。From the perspective of national governance,From human governance to rule of law is an objective law of national governance development,Therefore,The essence of scientific legislation is to meet the spirit of the rule of law,This is consistent with the essential requirements of good law and good rule。The essence of governing the country according to law is the right to follow the law,"Put off the power of power into the cage of the system"。It is precisely in this sense,The proposal of scientific legislation gives legislative value requirements。

2,From the perspective of the legal system,Scientific legislation requires legislation to maintain the unity of the legal system、Perfectability,Make sure the harmony between law。National governance is a systematic engineering,Therefore,Scientific legislation also requires us to consider issues from the legal system。From the perspective of the legal system,From single legislation to comprehensive legislation,From the imperfection of the legal system to the gradual improvement is objective law。Among them, contains two layers of meaning,The first is the improvement of the legal system as a whole,All the laws needed in practice should be available,The law can ensure the needs of practice; the second is the unified coordination within the legal system,Not only the unified coordination between the upper position and the lower method,and the laws of the same order are not contradictory、"No Fighting"。

third,From the legal content level,Scientific legislation requires that each legal clause should meet the essential inevitable connection of the inner essence of the objects they regulate、Objective laws that meet the development of things。The national bet365 Play online games legal system is composed of specific legal,and each specific law contains its specific normative objects and content,Therefore,Scientific legislation not only requires the scientific nature of the overall legal system,and the scientific nature of the objects and content regulated by each legal firm。What must be emphasized here is,This sentence contains two layers of meaning: first of all, the scientific nature of the specified object。The scientific nature of the object that is not regulated,The scientific nature of the subsequent content can not be discussed。Learn for Engels' limitation on centralized activities in the article "Concentration and Freedom",Objects regulated by the law can also do such a limited,That is, the regulations of the law shall be a social behavior with universal significance。It should include all social behaviors that are considered universal significance,and the personal behavior involved in this or that or that is not inside。This means,The specification objects of the law do not include all social behaviors that are considered universal.,It is also unscientific to include the personal behavior involved in this or that or that is also unscientific。

Fourth,From the perspective of legal practice,Scientific legislation requires that the law must be clear、Apocalyptic、executable,Must develop with the development of practice。First,Practice is the basis of the law,The law must develop with the development of practice。Practical development is endless,Legislation work will never end。Practical development,New requirements for legislative work will inevitably,The legal content must be adjusted according to the development of practice、Development、Perfect。This is exactly that the legislative work must contain the stand、Change、Waste、The main basis of the release of release。Next,Legal standards、Guidance Bet365 lotto review practice,For this reason, the law must be clear、Apocalyptic、executable。Only clear、Apocalyptic、executable law,is the law of science。The so -called clear,refers to the provisions of the law specific and meticulous,Can't be ambiguous,What is yes,What is necessary,What is forbidden,What kind of consequences will be caused by violating the law,There must be clear regulations。The so -called binding force,refers to the law that the law can be binding on the social behavior of citizens。The basic requirement is the specific regulations of the illegal acts that must have clear punishment measures,so that people can have awe of the law,so as to consciously restrain your behavior。If the law lacks specific regulations on punishment measures of illegal acts,It will inevitably lead to the law to become "a tiger without teeth",It is difficult to generate binding force。The so -called executable,refers to the legal provision of the law,Requirements are not only necessary,and it can be done,The punishment for illegal acts is also appropriate,Confused。The truth about the truth here is、I can do,It should include a comprehensive balance of theoretical and practical、Comprehensive weighing that society needs and individual needs。For public power agencies,Non -necessary power; for ordinary citizens,Non -necessary cannot prohibit。Incorporate things that belong to the field of private interests into the category of legal adjustment,In fact, it is not executed,Therefore, it is also unscientific。

  Realize scientific legislation through democratic legislation and legislation

General Secretary Xi Jinping when talking about scientific legislation,Also often with democratic legislation、legislation and mention in accordance with the law、Link for use。This actually emphasizes scientific legislation,bet365 Play online games Explain how scientific legislation,Dlemented the basic path to realize scientific legislation for us。In this sentence,Scientific legislation is the core,Democratic legislation、Legislative legislation in accordance with the law is a supplementary emphasis on scientific legislation,Explain that the basic path to realize scientific legislation,That is to pass democratic legislation、Legal legislation in accordance with the law to achieve scientific legislation。

On the one hand,The core of democratic legislation is for the people、Rely on the people,Emphasize that the people are the subject of legislation。Democratic legislation is the spirit of legislation that meets the spirit of the rule of law,Reflected people's will、Maintenance of people's rights、The most important guarantee for restricting state power。Only democratic legislation,can ensure scientific legislation。Democratic legislation is manifested in specific practice: the legislative power is controlled by the representative agencies generated by the people through democratic elections;、Collect、Respect opinions and suggestions in all aspects,Especially the opinions and suggestions of the group directly related to the legislative content; in order to better listen to the people's opinions and suggestions,It is necessary to establish and improve the mechanism of comments on legislation and enhance legislative transparency。For example, setting up local legislative contact points at all levels、Regularly listen to the opinions of the people's opinions on legislation,Establish a symposium on major legislative matters、Analysis Meeting、The hearing system and the mechanism for comments and suggestions in the whole society through various forms。To effectively guarantee the public participation in legislation,It must also enhance legislative transparency。Proposal from the legislative case、bet365 Play online games Draft,Submit the legislative discussion、Review and Opinion Consultation、Feedback to the final voting, etc., and other links must be disclosed to the masses,Let the masses understand,To improve the enthusiasm of the masses' participation,Improve the level of democratic legislation,Guarantee legislation to reflect public opinion。

On the other hand,The core of legislation in accordance with the law is based on the constitution as the highest standard,Maintain the authority and unity of the legal system,Emphasize the formulation of legal permissions and procedures、Modify、Explanation or abolition of laws and regulations。legislation in accordance with the legislative specifications in accordance with the law,Prevent the random arrogance of legislation from two aspects: permissions and procedures,Keep the bottom line of scientific legislation。Similarly,Only legislation in accordance with the law can ensure scientific legislation。There are three main points of legislation in accordance with the law: First, the constitution is the fundamental law of the country、Supreme Law,Is the general basis for legislation,All laws and regulations cannot violate the Constitution or conflict with the Constitution,The lower method cannot violate the upper position or conflict with the upper method,Otherwise, it will be invalid,Must be corrected。Second, the main body of the legislative must be the main body of legislative power,Model legislative power within the scope of the legislative authority stipulated in the constitutional law,No right to legislative or overlapping legislation is invalid,Must be corrected。Third, even if there is the right of legislative subjects within the scope of the legislative authority,It can be done at will,also must be legislated in accordance with legal procedures,legislation that does not meet the bet365 Play online games legal procedures is invalid,Must be corrected。

 (The author is a professor at the School of Law, Fujian Normal University)

Editor in charge: Chen Jing
QR code icon 2.jpg
Key recommendation
The latest article
Graphics
bet365 live casino games

Friendship link: Official website of the Chinese Academy of Social Sciences |

Website filing number: Jinggong.com Anmi 11010502030146 Ministry of Industry and Information Technology:

All rights reserved by China Social Sciences Magazine shall not be reprinted and used without permission

General Editor Email: zzszbj@126.com This website contact information: 010-85886809 Address: Building 1, Building, No. 15, Guanghua Road, Chaoyang District, Beijing: 100026