The Research On Legislative Review Mode

An American scholar says:if legal scholars just draw up enormous laws, but they lack the experience for the social life and do not care what the people really want, our society will be stuffed with unrealistic laws, ironically, it will turn up the puzzled phenomenon:the more laws, the less order. The seemingly paradox just reveals the double-sided nature of legislation. On the one hand, legislation will bring the order, on the other hand, legislation will bring destroy. The result for the paradox at least contains two reasons:one, the content of the legislation detach the reality and lack justifiability, another, the legislative review is not perfect. The thesis aims to find a legislative review mode which is adapted to China's conditions to avoid an awkward situation.Based on the analysis and compare of the current review mode around the world, we conclude the strength and the weakness of our legislative review mode. Based on the current mode, the author proposes an improved mode:double-track mode. This mode hopes to construct a special committee to review the legislation, and endow the accessory rights to the court. The improved mode will enlarge the subject of the review, and it could give court the opportunity to take part in the legislative review, through the court review, legislative review will become more effective and more reasonable.Based on the enormous materials and analyzing the current origin of law in our country, the author adopts materialist dialectics,retrieval method,comparative analysis method. The conclusion is:double-track mode is apt to the condition of the country,...