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国家治理现代化首先要做到法治化,科学民主的立法是法治化得以实现的基础。中国法律近代化转型过程中,立法从清末修律就采取了精英化的模式。这种模式存在很大的缺陷。在陕甘宁边区,依靠法律专家进行的专业化立法尝试失败后,谢觉哉树立了大众化立法思想。大众化立法思想认为,法律应与广大人民的现实需求保持一致,要从人民大众的实践中提炼出来。这一思想是群众路线在立法工作中的贯彻;它强调立法要符合“情理”;以司法兼做立法为重要实现途径。大众化立法思想有存在的必要性,它在理论和实践中有一定的可行性,但也受到很多局限。当前时代,我们要协调好立法的专业化与大众化的关系,实现立法的科学与民主,为国家治理法治化奠定基础。
The first step in the modernization of state governance must be legalized, and the scientific and democratic legislation should be the basis for the realization of the rule of law. In the process of the transformation of Chinese law, the legislation adopted an elite model from the practice of law revision in the late Qing Dynasty. This model has a big flaw. In the Shaanxi-Gansu-Ningxia Border Region, after trying unsuccessfully on specialized legislative attempts by legal experts, Xie Juezai has established a popular legislative thinking. The popular legislative thought holds that the law should be consistent with the actual needs of the broad masses of people and be refined from the people’s practice. This idea is the implementation of the mass line in the legislative work; it emphasizes that legislation should conform to “reasoning ”; and that judiciary should be concurrently enacted as an important means of realizing legislation. The idea of popular legislation has its own existence. It has some feasibility in theory and practice, but also has many limitations. In the current era, we must coordinate the relationship between the professionalization and popularization of legislation and achieve the science and democracy of legislation so as to lay the foundation for the rule of law by the state.