两种主体立法之比较评价

本文对公民直接立法和代议机关立法的短长及其一般发展趋势进行了对比分析 ,认为 :两种立法形式各有短处和长处 ;从民主政治的要求和发展趋势来看 ,公民直接立法是最理想的立法形式 ,代表着立法形式的发展方向 ;从社会发展的现实来看 ,立法的基本形式只能是代议机关立法 ,但公民直接立法应作为代议机关立法的必要补充。

A Comparative Evaluation of the Two Major Systems of Legislation

What is compared and evaluated in this article concerns both the advantages and disadvantages of the two major systems of legislation-making law by citizens and making law by representative institutions. The trend of their development is also discussed about. It is the author's opinion that the above-mentioned two ways of law making conceives dialectic points, strong and weak. In respect of the demand by and the development of democratic politics, making law by citizens represents the future style of legislation and, therefore is the most ideal one. In respect of the reality of social institution, however, making law by citizens should be a necessary complement.