摘要
近年来，‘创新’已经成为中国法治建设的主旋律和中国法治进程的主题词，这突出表现在立法创新和司法创新之上。其中，就立法创新而言，‘物权法’的起草和公开征求意见、《治安管理处罚法》变处罚法为控权法、法规备案审查程序对遏制立法违法现象具有积极意义等，都为2005年的立法景观增色不少；就司法创新而言，以最高法院统一收回死刑复核权为主旨的死刑复核制度颇令人关注，影响性诉讼评选活动有望成为具有影响力的品牌。
Over recent years, ＂innovation＂ has become a theme in the development of the rule of law and also a keyword in the process of the rule of law in China, which is remarkably embodied in legislative innovation and judicial innovation. As far as innovation in legislation is concerned, we have had quite a few new things - the drafting of the Law of Property and extensive solicitation of public opinions on it; the change of the Law on Punishment in Administration of Law and Order from a law on punishment into a law on control over power; the positive significance of the new procedure of registration of regulations for the record and for further review to curbing law violation in legislation, etc. - which all contributed to adding colorful characteristics to the work of legislation in 2005. As far as innovation in judicature is concerned, the move of the Supreme People＇ s Court to retrieve the power of reviewing and approving cases of death penalty for its own exclusive exercise from provincial-level higher People＇s Courts has become something arous- ing great public concem, and the initiation of spectacular appraisal of major developments of legal proceedings is intended to publicize a number of highly influential landmark cases.
