论立法后评估回应之法的废止

On Abolishment of Law based on Evaluation of Law

法的废止,是立法主体依据一定职权和程序对现行法实施变动使其失去法的效力的专门活动。其发生根源在于法律绩效状况低劣,法的存在失去意义。在实践中,通常表现为"专项清理"与"集中清理"的立法活动形式,在主体、程序与方式上与其他形式的立法活动有着较大区别。我国宜进一步完善法的废止制度。

Abolishment of law refers to the activities that lawmakers set aside current laws as invalid in the light of statutory power and procedure. The reason of abolishment of law is that the efficiency of laws is low and laws lost their necessities. In practice, abolishment of law, different greatly from other legislative activities, takes the legislative forms of specific clean-up and intensive clean-up. China should further improve the law-abolishment system.