立法活跃化时代对立法与改革的关系探索

Exploration of the Relationship between Legislation and Reform in the Era of Active Legislation

社会与历史均在时代的潮流中不断发展,如何在立法活跃化时代,建设更好的社会主义现代化强国,实现更高水平的依法治国,是专属于中国的时代问题。依法治国这种国家治理模式与中国历史上的人治模式以及德治模式不同,法治要求统治者与被统治者都要接受法律的约束。改革促使立法创新并不断完善,立法为改革铺垫合规道路,改革与立法应当同步。应充分发挥法律的指引作用、区分兜底条款和指引性条款、牢牢把握法律原则的作用、坚持法的目的价值体系才能优化立法与改革的衔接。

Both society and history are constantly developing in the trend of the times. How to build a better socialist modernized country and achieve a higher level of rule of law in the era of active legislation is a problem that belongs exclusively to China. The rule of law model of national governance is different from the rule of man model and the rule of virtue model in Chinese history. The rule of law requires both the ruler and the ruled to be subject to legal constraints. Reform promotes legislative innovation and continuous improvement. Legislation paves the way for reform to comply with regulations, and reform and legislation should be synchronized. We should fully leverage the guiding role of law, distinguish between basic and guiding clauses, firmly grasp the role of legal principles, and adhere to the purpose and value system of law in order to optimize the connection between legislation and reform.