On How To "Proceed From Reality" In Our Legislation

Proceeding from reality and seeking truth from facts is an important principle for China to use Marxism to guide practice.It is a methodology that has been tested by history and practice.But up to now,this principle is often widely applied without thinking,and the connotation is fuzzy,and the understanding of its actual requirements is not comprehensive and rigorous.The same is true in the legislative work.The legal provisions,which are considered as social consciousness,seem to be attached to the existence of social reality.However,the specific relationship between legislation and reality and how legislation should proceed from the reality are still worth questioning.In the process of our legislative background and related legal work,"proceeding from reality" is always an important criterion to carry on legislation.But only stay in the expression level,can not understand its specific implementation.That is,behind the expression of "legislation from the actual",there are many possibilities in fact,we still need to test how to operate the practice.Taking the formulation of Organic Law of Villagers Committee of the People’s Republic of China as an example,the legislative process is often accompanied by conflicts between subjective orientation and objective reality,and the subject of behavior needs to weigh interests and choose values between the two,which will show the selectivity and reaction of legislation to the actual reflection.Therefore,the question arises,does the above practice deviate from the requirement of "legislation from reality" ? What is the intention of the request?To answer the above questions,it is necessary to carry on the examination of the layers from the text,to the Marxist philosophy,and then to the legal theory.First,in terms of textual interpretation,"reality" should be understood as "subjectivized reality",including the process of subjective processing of reality.The word "departure" also needs to be separated from the "purpose".Second,in the logic of philosophy,"social existence determines social consciousness" and "the dialectical relationship between motion and stillness" require that the overall development situation between legislation and practice should be consistent,but there may be differences in details,and appropriate legislative reactions are accommodated.Third,in the context of legal theory,different meanings will be given or highlighted along with the development of The Times,and integrate with the economy,politics,culture and other aspects of the society.To a certain extent,whether law and society correspond one by one or act and react determines how legislative activities treat and deal with social reality.Through sorting out,the relationship between law and society can be divided into linear and nonlinear two categories,including mirror proposition,mold proposition,self-organizing proposition and mutual control proposition.The general conclusion is that law is based on society,and there is interaction between the two.Under this influence,the answer of how our legislation "proceed from the reality" is that the legislation not only reflects the reality,but also has the opposite effect on the reality,but only has the choice and limit adjustment,and we should master the subjective to objective,the legislation to the reality participation and reform scale.