Period Of Social Transformation Legislative Model And Its Direction

The legislation is not only one behavior standard, but also one kind of value carrier. The process of the legislation can be seen as a process of different value wrestling, balancing and choosing. The economic restructuring of our country and the establishment of the socialist market economy are both carried out under the tide of the economical globalization. Before the reform and open policy, our country economy was backward. The spontaneous consciousness of social transformation was weak. The folk strength of the self-coordinated politics resources and economical resources was extremely dispersible and also feeble dispirited. Under this circumstance, it was very difficult to develop the spontaneous transformation strength to impel the modernized advancement. Therefore, in the circumstance of rapid and evolution intense social reforming, "the political reform legislation" has gained a dominant role in the legislation process, highlighting that the legislation should meet the needs of the society, and to complete the development of the reforming system. However, in the 21^st century, along with the development of social politics and the economical and the cultural system, with the systematized transform of our country modernization, as well as the strong folk economical strength and the richness of different social groups, "the political reform legislation" has gradually exposed some malpractices. And bring some negative influences to the construction of rule by law in China. Therefore, "the spontaneous legislation" which manifests the legislation democratic value, should be introduced into the political reform, because it encourages the spontaneous system vicissitude, and could make up the weakness which "the political reform legislation" has caused. It is argued that "the spontaneous legislation" helps unify "the political reform legislation" and "the spontaneous legislation", correspondingly impelling the society to develop harmoniously.The first part of this article discusses the legislation value and the realization of modernisation, revealing the competition of the different values, the political reform pattern of the society, as well as the spontaneous pattern, within the legislation process. It thus introduces the "the political reform legislation" and "the spontaneous legislation".The second part of this article is the key part. The second part elaborates that "the political reform legislation" is the main legislation pattern in the period of our country reform. It analyzes discussing the social background of our country reform and the legislation patterns from a political reform angle. The rationale and rationality of our country reform within that period are also discussed. And analyzes in-depth the "the political reform legislation", revealing the malpractices of "the political reform legislation" and the causes of them.The third part of this article focuses on the proposed solution to these malpractices, and the due attention to be paid when carrying out the solution.