民生立法的几点思考

A Brief Analysis on the Improvement of the Legislation of the People's Livelihood of China

现行我国民生立法存在以下不足:立法数量较少,体系不健全,部分法律内容陈旧、理念滞后,一些法律过于原则,可操作性不强,个别法律与实际脱节。完善我国民生立法,应从四个方面着手:首先,在立法原则上,应确立特惠性与普遍性相结合、权利保护、基本保障、强化政府责任和前瞻性原则。其次,在立法内容上,应加快法律的立、改、废进程,健全民生立法体系,实现立法的科学化。第三,应充分吸收和借鉴国外民生立法的先进经验。第四,在立法技术上,应注重"宜细不宜粗"。

There are the following problems in the legislation of the people＇s livelihood of China： the number of relevant laws is small,the law system is imperfect,the content and ideas of some laws are old-fashioned,and some laws are too principle to be implemented and inconsistent with the reality. To improve our current legislation of people＇s livelihood,we should work from the following aspects： firstly,we should establish such principles as the combination of privilege and universal right,the protection of rights,minimum standard of living,strengthening the responsibility of government,and having far-sight. Secondly,respecting the content of legislation,we should quicken the process of enacting,revising and repealing the laws of people＇s livelihood,integrate the law system of people＇s livelihood,and make the legislation of people＇s livelihood more scientific. Thirdly,learn advanced experience of people＇s livelihood legislation from other countries comprehensively.Finally,respecting the legislative technique,we should write the rules more specifically rather than more generally,thinking much of the enforceability of the laws.