| As an empirical and rational way of governance,experimental legislation can reconcile the contradiction between reform and the rule of law,make major reforms based on the law,and also play a good role in promoting the construction of government under the rule of law.For local governments,having the experimental legislative power of specific matters is the only rule to promote local economic,cultural and social construction.For the central government,decentralizing power to local governments can effectively avoid formulating systems that do not fit the actual local situation due to misunderstanding of local needs,give local governments greater autonomy,help local governments deal with regional affairs,adapt measures to local conditions,and explore a rule of law governance model conducive to local development,so as to introduce governance schemes that are more beneficial to the people.From establishing the purpose of the experiment to limiting the scope and time of the experiment,the experimental legislation can first explore the benign governance scheme conducive to further promoting the reform in a specific time and space,summarize the experience of the experimental legislation,promote the results of the experimental legislation,lay a solid foundation for the formulation of national laws,and help further promote the reform within the framework of the rule of law,improve the national governance ability and improve the socialist rule of law system.Because the experimental legislation provides experience for the national unified legislation in the rapidly developing and changing Chinese society and avoids the large loss of legislative cost,the experimental legislative activities are an indispensable part of the reform,both now and in the future.Therefore,it is necessary to improve the experimental legislative activities from the technical aspect and lay a solid foundation for the better development of experimental legislation in the future.Of course,there are also some problems in the experimental legislation,which is facing difficulties in both form and substance,such as long legislative procedure,low legislative transparency,insufficient feedback mechanism and so on,and there are some theoretical disputes in the experimental legislation itself.In terms of concept and qualitative,the relationship between experimental legislation and pilot reform of authorization,authorization legislation and local rule of law has not been clarified;In terms of application,the possible conflict of legal principles and the contradiction and reconciliation between the central and local governments are also the key contents discussed by the academic circles.In order to give better play to the practical role of experimental legislation,we should clarify its nature,clarify its concept,and think about its hierarchical relationship with specific pilot legislative methods such as authorized reform pilot,authorized legislation and local rule of law pilot.In fact,experimental legislation is an innovative and experimental advanced legislative strategy.In practice,it plays the role of a guide,standardizing the operation of the above-mentioned pilot reform methods,and plays a dual role of theoretical guidance and practical guidance.At the same time,in order to standardize experimental legislative activities,we need to optimize the practical operation of experimental legislative activities by refining the relevant rules of experimental legislation,improving experimental legislative technology and perfecting experimental legislative procedures.In practice,we should give full play to the important role of experimental legislation in balancing legal stability and flexibility,improve legislative technology and ensure legislative transparency.With regard to the legal regulation of the pilot legislation system,in order to standardize the implementation of the pilot legislation,we should establish and improve the exclusive system operation system of the pilot legislation as soon as possible.When the legal conditions are ripe,we can consider issuing special legal norms of the pilot legislation system,stipulate the authorized subject,test subject,matter content and test procedure of the pilot legislation in the form of special law,and clarify the feedback and evaluation mechanism of the pilot legislation,It is hoped that the pilot legislation can provide greater assistance for reform and the rule of law in the future.The problem of power division and power boundary between the central and local governments brought by the experimental legislation system has also become a difficult problem for local governments to carry out pilot reform.Building a dynamic balance mechanism between the central and local governments in pilot legislation as soon as possible is of great significance for the future application of pilot legislation.In this regard,we should adhere to the principle of non conflict,fully implement the principled requirements of the Constitution and laws,follow the principle of safeguarding the unity of the national legal system and protecting the basic rights of citizens,reasonably deal with the contradictions between the central and local governments,and make the pilot legislation one of the important channels to strengthen the communication between the central and local governments.In a word,with the help of the experimental legislative strategy,we can not only promote the reform and development within the framework of the rule of law,but also provide a certain space for the growth of law.The fully accumulated reform experience in the pilot process can help the national legislature formulate laws that keep pace with the times and supplement,modify and improve the provisions that are relatively backward in the old law,which is important for improving the quality of legislation It is of great significance to give play to the leading and promoting role of legislation.It can be said that experimental legislation is the key to promote reform,improve the modernization of the national governance system and governance capacity,and an important institutional arrangement to improve the socialist legal system with Chinese characteristics. |
