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2008年4月20日,主要媒体披露的一条消息,令所有关注中国民主法治的人们为之一振。该消息称:全国人大常委会委员长会议日前已决定,今后全国人大常委会审议的法律草案,一般都予以公开,向社会广泛征求意见。同一天,已经过一审的食品安全法草案正式公布。5月5日,消防法修订草案亦公开征求意见。对于今年3月才履新的十一届全国人大常委会而言,法律草案全公开的“立法新政”无疑是历史性的突破。而这样的突破,既需要往前追溯其日积月累的精神渊源,也需要洞察其对于当下立法的现实意义,更需要继续回答“如何公开”、“公开以后怎么办”等未竟问题。而这些前因后果,也正是本文的主题所在。
On April 20, 2008, a piece of news released by major media gave all people who are concerned about the Chinese democracy and the rule of law to boost it. The source said: The NPC Standing Committee has decided a few days ago that the draft laws to be considered by the NPC Standing Committee in the future will generally be made public and widely solicited from the community. On the same day, the first draft of the Food Safety Law was officially announced. On May 5, the draft fire safety law revision bill was also open for comment. For the 11th National People’s Congress Standing Committee that took office only in March this year, the “Legislative New Deal” of the draft law is undoubtedly a historic breakthrough. Such a breakthrough not only needs to go back and trace its accumulated spiritual roots, but also need to gain an insight into the practical significance of current legislation. It still needs to continue answering the unfinished questions such as how to make public and what to do when it is open. And these antecedents and consequences, it is also the theme of this article.