Due to the misunderstanding in legislation concepts and approaches,although the ongo-ing decodification movement in China has brought about a substantial increase in the number of legisla-tions,it does not lead to a fundamental improvement in the effectiveness of the rule of law.Instead,it has caused redundancy of the legal system,co-opetition of legal norms,and dilution of legal doctrines,leading to the disintegration crisis of the legal order.To give full play to the normative effectiveness and creative potentials of special laws,the legislation of current decodification should go beyond the model featuring separation of different laws based on the boundaries of the legal department and transform into the model featuring integration of different laws that focuses on normative effectiveness.This model is not a dupli-cate of the legal system model in ancient China that prioritized criminal law over civil law,but rather a new model featuring the integration of civil,administrative and criminal laws that adapts to the modern-ization of Chinese-style rule of law.Taking the decodification as an opportunity,legislators should shift their value standpoint from"incremental legislation"to"qualitative legislation"and return to the prudent legislation approaches based on reflection on the positive legislation view so as to reshape the fragmented legal order and advance the modernization of Chinese-style rule of law.
关键词
中国式法治现代化/解法典/立法模式/诸法融合/法秩序统一
Key words
the modernization of Chinese-style rule of law/decodification/legislation model/integration of different laws/unity of legal order
维普
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