The Theory Of Modesty Principle Of Legislation

In2000, China promulgated the "legislative law" legislative activities, will beincluded in the scope of legal regulation, and legislation of continuous developmentand expansion, both from the legislative quality and quantity are improved. By2011,the socialist legal system with China characteristic eventually formed, which marksthe legislative activity of our country has achieved remarkable results.However, we can not deny the fact that in the field of our country’s legislativepractice, some problems still exist. One of the outstanding problems is the legislativeactivities of excessive superstition, even in the presence of a period of time, it will becalled the legislation trend. A variety of problems have been trying to into thelegislative agenda. This frenzy of lawmaking attitude, obviously with the legislationtolerance limited in this view, to a certain extent, also hurt legislative activities inChina’s prestige and quality. In reaction to the phenomenon and trend, this thesisausterity of legislation, hoping to help improve the quality of legislation.In the process of argumentation, this article will first of all, from the basicconnotation of austerity of legislation. Connotation of the austerity of legislation isnot a single legislative concept, its connotation mainly aimed at the legislative power,legislative activities and legislative subjects these three aspects. Because of theabundant intension of austerity of legislation, so first of all a clear definition of theconcept of the concept, connotation and specific requirements for the subsequentdiscussion will have a very important role.Austerity of legislation is not only a rich connotation of legislative idea, at thesame time support the legislation idea of a rich theory. Based on the limitedgovernment, the social autonomy, cost effective, internal division of state power andpersonal bounded rationality, this five aspects elaborated the austerity of thelegislative theoretical basis. Whether the exercise of the legislative power, or theoperation of the legislative activities, cannot leave the country and social this bigbackground, so it has become we seek theoretical support for austerity of legislationis an important point of view. In addition, the austerity of legislation will ultimately to guide practice, and in the exercise of the legislative power, pushing legislationactivities in the process of running, the legislative body plays an important role, its inthe process of the establishment of the austerity of legislation also correspondingplays a very important role, this for us to seek theoretical support provided anotherAngle. This paper by utilizing the method of semantic analysis, historical analysis andcomparative analysis method, made clear the connotation of the austerity oflegislation and specific requirements, and on the basis of demonstrated from variousangles expounds the austerity of the legislative theoretical basis.As a legislative idea, the austerity of legislation not only enrich the theory of ourresearch, but also provide certain guidance to our practice. The austerity of legislationput forward to a great extent, is the result of the current legislation practice show thatthe question, therefore, the legislation idea and the legislative practice has very closeties. This article will be dominated by austerity of legislation, for the practice of thelegislative activities, put forward the corresponding austerity of the implementation ofthe legislation idea.