论我国法律配套规定的消减

On the Running Down of China's Supplementary Regulations

长久以来,我国法律的有效实施大量依赖法律的配套规定。这是由我国的诸多历史背景决定的。但是,理论和实践中,对配套规定基本范畴的界定并没有达成共识。过度依赖配套规定也为法律自身和社会治理带来了不少消极影响。如今,造成配套规定产生和存在的因素不断弱化:立法经验的积累,对改革的认识趋于清晰,改革越来越稳定。立法机关制定的法律应当转向具体、可操作、逐渐精细化的道路,逐步减少法律的配套规定。

For a long time, the effective enforcement of law of China largely depends on the supplementary regulations. This is determined by the historical background of our country. However, no matter in theory and practice, there is no consensus on the definition of the basic category of supporting regulations. Moreover, for the law itself and social governance, excessive dependence on supporting regulations has brought in a lot of negative impact. Nowadays, the factors resulting in the production and existence of supporting regulations is continuous weakening. The accumulation of legislative experience, the clearer understanding of the reform and the more and more stable reform are all the foundations of the specific, actionable and gradually refinement of the law. Thereby, we will gradually reduce the supplementary regulations.