论立法的理想化倾向

On the Inclination in Legislation

立法是实行法治必不可少的前提条件,但应当与社会发展的客观需要相匹配。如果只是以实行法治的良好意愿来进行大规模的法律创制,则易造成立法的理想化。立法理想化不仅会造成法律实施的低效率,而且会使人们产生对法律的不信任。为了法治理想的最终实现,应当防止立法实践中的理想化倾向。

Legislation is the essential prerequisite to carry out rules of law, but it should match the need of social development. If the construction of law is simply based on the good wishes of applying rules of law, it will lead to the idealism, which will not only result in the low efficiency of the application of law, but also cause people to lose their trust in law. So to bring about a country ruled by law, we should be alert to the idealist inclination in legislation.