立法技术和理念对立法质量的影响

The Impact of Legislation Technique and Ideas on the Quality of Legislation

立法与技术进步密切相关,文字技术的出现是习惯法向成文法转化的关键,立法技术的进步促进了法的科学化和精细化,现代立法机构技术、程序技术和文本技术的运用使法之"真、善、美"成为可能。然而,仅靠立法技术难以摆平各种社会关系,立法还须坚持正义立法、符合社会现实立法和以人为本立法的理念。

Legislation and technical progress is closely related. The appearance of writing was the key to the transformation of customary laws into codified law. The progress of legislation technique promoted the scientific development and refining of law; the application of modern legislative institutional technique, procedure technique and text technique make it possible for law to be “true, good and beautiful”. However, legislation techniques alone cannot coordinate all social relations; legislation must also be based on justice, conform to social reality and be human--centered.