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立法的理念不在于数量的充实 ,而在于立法表现出来的实效 ,即法律不应是刻在石头上、写在纸上 ,而应深深地嵌在人心并化为人们自觉行为的写照。改革开放以来 ,我国立法如洪如潮 ,但有法不依 ,执法不严的现象层出不穷 ,人们对法律的信心和期望并没有相应地增长。随着“依法治国”的深入人心 ,克服立法的无序 ,确保立法公正是大势所趋。本文试图从立法目的与内容、主体与程序、意识与体系等角度来探讨《立法法》草案的有关规定 ,论证立法公正应具备正义性、合法性、权威性等构成要件
The idea of legislation lies not in the quantity but also in the actual effectiveness of the legislation. That is, the law should not be engraved on stones and written on paper, but should be deeply embedded in people’s hearts and turned into a reflection of people’s conscious behavior. Since the reform and opening up, the legislation in our country is booming. However, there is an endless stream of law enforcement and lax enforcement of laws. People’s confidence and expectation in the law have not been increased correspondingly. With the popular feeling of “governing the country according to law”, it is the general trend to overcome the disorder of legislation and ensure the fairness of legislation. This article attempts to discuss the relevant provisions of the Draft Law of the People’s Republic of China from the perspectives of legislative purpose and content, subject and procedure, consciousness and system, demonstrating that constitutional justice should have the elements of justice, legitimacy and authority