Discussion Of The Idea Of Legislative Refinement

The formation of a socialist legal system with Chinese characteristics indicates that the construction of China's legal system has entered the post-legislative era,and it has completed the transformation of the legal concept of ruling the country from the rule of law to the rule of law.The refinement of legislation as the key to achieving transformation from lawful to good law governance is also an important factor in the realization of scientific legislation and democratic legislation.The concept of legislation refinement as a guide,leading to the core value of the refinement of legislation,its concept of precise definition and scientific combing is of great significance.Since the beginning of the 21st century,our country has changed from a legislative center that "better than nothing","faster than slower," and "roughness than fineness" to a "rulelessly crafted" and "fineness than roughness" legislative center.The change of concept of legislation to the concept of elaborate legislation,and the change of concept,as well as the exploration and summarization of the concept of"legislative refinement" by the central and local governments in legislative practice.The Idea of Refinement first originated from the western management concept.Taylor,the father of scientific management,first studied the scientific and refined management.Afterwards,Deming improved the management method of"inhumanization" in Taylor theory,and refined the concept of refinement.The final formation is the research of the Toyota lean production model.The current concept of legislation refinement in China is the application and development of the idea of refinement in legislation,and it is a perfect path choice for the legal system that has been formed in China.It is different from our country's traditional simplified and ambiguous legislative concept.It pays more attention to the detainee of legislative content than the concept of simplifying legislation,and attaches more importance to the legitimacy of legislative content than ambiguous legislation.The concept of refined legislation mainly includes the refinement of legislative authority,the refinement of legislative procedures,the refinement of legislative content,and the refinement of legislative techniques.The refinement of legislative authority is a proper balance between centralization and decentralization,as well as the requirements of central and local legislative coherence;the refinement of legislative procedures is a sufficient and adequate legislative preparation stage,a scientific and legislative proposal system,legislative review,and rigorous voting requirements;the legislative content is fine;It is the requirement to accurately grasp the position of legislation,accurately grasp the actual situation and specific needs,and that local legislation resolutely does not touch the bottom line and properly balance the interests of all parties;the refinement of legislative technology is a requirement for the refinement of legal structure and legal content.The idea of legislating refinement,as the value goal to guide the current legislative practice,runs through the four aspects of legislative authority,legislative process,legislative content,and legislative technology of the legislative system.It is the thinking requirement and technical requirement for high-quality legislative requirements in the legislative practice..The realization of the legislative refinement is also achieved through the refinement of the scope of legislative authority,the setting up of legislative procedures,legislative regulations,and the drafting of legislative content.The first is to refine the scope of legislative authority,to do a good job of the central and local legislative authority,the legislative power of the state legislature and the executive authorities;second is to refine the legislative process,mainly through the establishment of legislative argumentation system,improve the legislative research system and Establishing a separate voting mechanism for important articles to achieve;once again,refinement of legislative techniques,mainly through the establishment of institutional norms for legislative technologies;and finally,the refinement of legislative content,mainly through the refinement of the drafting of bills,during the drafting process Rationalize the scope of the drafting body,draft the scientific design,uniformly draft standards,and clarify the legislative intent of the bill to achieve the refinement of the draft text.