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西方法学思想传入中国并以立法实例的形式体现出来,自沈家本清末立法革新以来才100多年时间,而与之相适应的经济形式与政治体制在大陆确立则只有50年左右时间,我们对立法的认识由上而下依然处在一个逐渐认识发展的阶段。本文所阐述的主题即在这样一个阶段中,中国立法的有效性源于两个因素:宪政及立法的法典形式。立法由于宪政而具有比较稳定性,由于法典的形式而具有普适的可能性。这二者恰能消除中国国情给立法带来的特殊性影响。立法者利用立法自上而下的教化、民众自下而上对法典的学习以及学者群体对于宪政的思辨,这三者构成中国法治的一个隐秘特征:传承中西古今,具有“惟精惟微、允执厥中”的公正性与恒定性。
Western legal thoughts were introduced into China and embodied in the form of legislative examples. Since Shen Jiaben’s enactment of legislation was over 100 years ago at the end of the Qing Dynasty, the corresponding economic forms and political systems were established on the mainland for only 50 years or so. Legislation from top to bottom still in a gradual understanding of the development stage. The theme elaborated in this article is that in such a stage, the validity of Chinese legislation stems from two factors: the constitutional law and the legal form of legislation. Due to its constitutional stability, legislation is more stable and universal due to its form. Both of these can exactly eliminate the particular impact brought about by China’s national conditions to the legislation. Legislators make use of the top-down enlightenment of legislation, people’s study of the code from the bottom up, and the speculation of the scholars’ group over the constitutional government. These three constitute a covert feature of the rule of law in China: ancient and modern China, Allow to do "in the fairness and stability.