立法与改革:以法律修改为重心的考察

1978年以来,中国逐步从"创法时代"迈向"修法时代"。1978—1993年,是中国改革启动及社会开始转折的艰难阶段,立法工作的重心放在对"政治屋顶"的修缮甚至重构上。1993—1998年,立法理念总体上注重与改革发展的决策相结合,市场经济法治化初现端倪。1998—2008年,法律创制步伐放缓,法律修改力度加大,市场经济法治化全面铺开。2008—2014年,立法进入引领全面深化改革的新阶段。梳理与总结1978—2014年改革进程中法律修改的基本经验,分析立法工作重心逐步向法律修改转移的特点,有助于准确理解全面推进依法治国进程中立法与改革关系的规律,更好地观察和把握中国社会的发展轨迹和未来趋势。

Legislation and Reform: Centering on the Revision of Law

Since 1978, China is gradually moving from the "Law-creating Age" towards the "Law-revising Age". The basic development path of the revision of law in the past thirty years and more reflects the relationship between legislation and reform in China. During the period between 1978 and 1993, which was a difficult period for China in which the reform and social transition had just begun, the focus of legislative work was on renovating, even reconstructing, the "political roof". Between 1993 and 1998, the legislative organs began to attach importance to combining legislation with the decision-making on reform and development and bringing the market economy into the orbit of law. Between 1998 and 2008, the pace of law-creation began to slow down, greater efforts had been made in the revision of law, and the construction of a legal system of market economy had been carried out an all-round way. And between 2008 and 2014, legislation entered into a new phase of providing guidance to the deepening the reform in a comprehensive way. The promotion of reform through the revision of law is an indication that state governance is gradually modernized and brought into the orbit of the rule of law. Summarizing the basic experience of revision of law in the process of reform between 1978 and 2014 and analyzing the characteristics of the gradual shift of the emphasis of legislative work towards the revision of law is conducive to the correct understanding of the relationship between legislation and reform in the process of comprehensively promoting the rule of law and to better observing and grasping the historical path and the future trend of the development of Chinese society.