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置身于当下立法日臻完善的繁荣,今天的人们似乎已很难想象三十多年前无法可依的荒芜。彼时,刚刚摆脱十年浩劫的中华民族徘徊在一片法制废墟上,创伤累累,前途未卜。肇始于上世纪70年代末期、与改革开放同时起步的法制重建,是“法治”理性战胜“人治”观念的思想解放果实。并开启了一个波澜壮阔、延续至今的“立法时代”。经过漫漫三十年的努力,截止到2008年年中。中国现行有效的法律为229部.行政法规近六百部、地方性法规七千多件,一个以宪法及宪法相关法,刑法,民商法,行政法、经济法.社会法,诉讼与非诉讼程序法等七大法律部门为骨架,以各种不同层级的法律法规规章为血肉的现代法制大厦,已经竣工在望。法律是人类的微缩历史。在当代中国的具体语境中,立法史实际上也是一部微缩的改革史。立法改革所内含的治国新思维和制度现代化诉求,为一场风雨激荡的变革实践指明了基本方向和路径。尤其是那些名动一时、魅力独特乃至具有里程碑意义的经典立法,更是串起了一条见证改革开放历史进程的精神线索,构成了推动观念变革、社会进步的公共记忆。鉴于这样的视角,本刊特地筛选出15部经典立法加以追忆和评析,以纪念这个伟大的改革时代,开放时代和立法时代。
Given the perfecting prosperity of current legislation, it seems unlikely that today’s people imagine the unmanageable desolation of more than 30 years. At that time, the Chinese nation that had just emerged from the devastation of the past 10 years wandered in the rubble of the rule of law and its trauma and its future are uncertain. Beginning in the late 1970s, the reconstruction of the legal system that started with the reform and opening up was the fruit of ideological liberation in the “rule of law ” rational victory “rule of man ”. And opened up a magnificent and up to now “legislative era.” After thirty years of hard work, as of mid-2008. There are currently 229 valid laws in China, nearly 600 administrative laws and regulations and over 7,000 local laws and regulations, and one is based on the constitutional and constitutional laws, criminal law, civil and commercial law, administrative law, economic law, social law, litigation and non-litigation Procedural law and other seven major legal departments for the skeleton to a variety of different levels of laws, regulations and rules for the flesh and blood of the modern legal system has been completed in sight. Law is the miniature history of mankind. In the concrete context of contemporary China, the legislative history is actually a miniaturized reform history. The new demands of governing the country and modernization of the system, which are contained in the legislative reform, have pointed out the basic direction and path for a turbulent reform practice. In particular, the classic legislation, which is famous for its uniqueness and charm, even has a milestone in history. It even brings up a series of spiritual clues that witness the historical process of reform and opening up and constitutes a public memory that promotes the concept of change and social progress. In view of this perspective, the magazine specially screened 15 classic legislation to be reviewed and appraised in memory of this great era of reform, opening up and legislative era.