Research On China's Experimental Legislation From The Perspective Of The Relationship Between Reform And Legislation

Experimental legislation is a product of China's long-term reform and legislative practice,and plays an irreplaceable role in promoting social development and maintaining social stability.As the reform enters the deep water area,the internal tension between reform and legislation increases,and experimental legislation is urgently needed to bridge.Therefore,the legal profession has further explored its theoretical level.In the context of reform,it is of special significance to explore the connotation,value,experience and deficiencies of experimental legislation and to seek to promote reform and maintain the coordinated development of the rule of law.The nature of experimental legislation is a temporary legislation,which is characterized by experimentation,breakthrough,flexibility and limitation in time and space.There are many types of experimental legislation: from the practical level,the most typical is divided into temporary and trial legislation,pilot reform,and first-in-first-trial.With the development of reform and opening-up for forty years,the productivity and material level have been improved,the understanding about rule of law has been further deepened,and the exploration of various models has accumulated valuable experience,which provides feasibility basis for experimental legislation to further exert its social value.The achievements of these realistic conditions laid the foundation for the standardization of experimental legislation,the rule of law and the further development of its social value.The reason why experimental legislation can be the key to balance reform and development is because experimental legislation not only has relative stability,but also contains many core values,such as legality,normalization,trial and error,and economics.Therefore,the experimental legislation can flexibly cope with the reform changes and achieve the stable function of the legislation.According to the changes in the "Legislation Law",the development of experimental legislation has also gone through three different stages.Before the enactment of the "Legislation Law" in 2000,the experimental legislation was in the absence of law;with the promulgation of the "Legislation Law" in 2000,it entered the fuzzy stage of the legal provisions;after the revision in 2015,it officially entered the legally available stage.Standing on the new node of reform and legislation,summing up the past can better cope with the future.Therefore,decades of experience tell us that the advancement of experimental legislation must be adhered to by the state,and the central government should coordinate the overall situation and advance in an orderly manner.We must also adhere to the central position of the congress as a power organ in experimental legislative work,and change the situation dominated by administrative power,so as to rationalize power relations and achieve legal reform.Faced with the inherent conflicts between reform and legislation,there are still many problems in the development of experimental legislation from theory to practice.It is urgent to propose countermeasures to continuously improve China's experimental legislation.The first is the lack of stability,mainly because the test period is not clear enough.Many trials and temporary laws have been implemented for decades,but they have not been terminated which makes people are at a loss when they apply.Second,the lack of scientific procedure and a clear evaluation criterion.Whether it is the trial or temporary law or the pilot reform,the standard is changed from trial development to formal legislation.The standard is only “time or conditional achievement” and there is no specific quantitative indicator.The last is the lack of legislative modesty,which is manifested in the abuse tendency of the model of experimental legislation.Whether it is from the total number of uses or the areas and regions involved,or the frequency of application,experimental legislation has become the first choice for reformers to take it for granted.The tendency of this application has obviously exceeded the necessary and reasonable.The limits have also had a considerable impact on formal legislation and the rule of law.Therefore,these shortcomings must be addressed and properly addressed in the next reform process.