试论开放性和独立性的矿业立法模式构建

Building Opening and Independent Legislation Model in Mining Industry

我国矿业立法的困境逼迫着我们寻找一条新路以探求矿业立法所应当遵循的立法模式。以系统哲学理论作为统筹,以系统哲学理论为基点阐发一部具有整体性或是融贯性的法律所应当具备的开放性和独立性。持开放性而得以祛除狭隘理论争议之弊且得以与外界有益互动;持独立性而得以立法内部结构之完整。此外,基于实践活动的客观现实性,探讨开放性和独立性所应当立足的法学理论的客观规律和矿业发展的客观规律。法学理论的客观规律要求立法所涉及之体系、概念等应当摆脱于无益的理论争议而着眼于切实之立法需要;矿业发展的客观规律要求立法应忠实于其调整之社会关系所蕴含的产业发展规律。

It is important to realize that the dilemma we face in mining legislation has become an urgent business, and we must seek a new path so as to pursue the legislation model that we must follow in mining legislation. This paper points out that the theory of system philosophy must be the whole and basis of our efforts to elucidate the openness and independence that a law with wholeness or coherent should have. With openness to mining legislation model, narrow theoretical controversy can be eliminated and the beneficial interaction with the external world can be allowed. And the integrity of internal structure of legislation can be maintained with independence. In addition, this paper discusses the objective law of legal theory and the objective law of mining development what the openness and independence should be based on. The objective law of legal theory means that with regard to the system and concept which legislated, the useless theoretical controversy should be got rid of and focusing on real legislation requirements. The objective law of mining development means that legislation should be faithful to the law of industrial development behind the social relations that are adjusted by the legislation.