当代学者上书背后的非法治化现象分析

Non rule of law behind the scholars legislation suggestions

学者上书合理合法且有成效,其中法学学者旨在推动立法的规范性文件合法性审查建议影响最大。但通过分析学者上书的发酵过程,就会发现该行为背后的非法治化现象。上书行为本身就说明时代背景的非法治化。对学者上书成效真正起作用的多是一些非法治的影响因素,比如身分因素破坏了法治的平等性,学者与媒体结盟削弱了法治的民主性,对突发事件依赖则缺失法治的普遍性。学者上书反映出立法程序中民意的表达机制不畅通、不完善,民意反馈机制不健全、不平等,立法主体的职能履行不主动、不规范。

Proposals submitted by scholars are considered to be reasonable, legislative and valid. Aimed at the stimulus of examining the legitimacy of standardized legislation documents, the proposals submitted by legislation scholars even play the most important role. Based on analyzing the fermenting process of scholarship proposing, non-rule of law will be visible in such an analysis. Submitting proposals by scholars also indicates the non-rule of law in its historic background. Actually, those factors deciding the impact on the fulfillment of scholar proposal submitting are also non-rule of law, such as the violation of equality attributed to identity disparity, the weakness of democracy caused by the ally of scholars and the media and the loss of the law university by the dependence on the unexpected occurrence. The proposals of legitimacy examination submitted by scholars reflect that the mechanism of conveying mass opinions in legislation progress is rigid and incomplete; that the mechanism of responding to them is not robust and unequal; and that the performance of the object roles in legislation is inactive and nonstandard.