2010年底的统计显示,除现行宪法及4个宪法修正案外,我国现行有效法律已达236件,这是去年我国宣布“中国特色社会主义法律体系已经形成”的有力佐证。然而在“立法繁荣”的图景下,或许应该追问一个更核心的命题:这些法律能否有效适用于现实生活、进而获取真正的生命力?检测法律适用性的最重要视角,乃是法律能否进入诉讼实践。然而答案并 Statistics at the end of 2010 show that in addition to the current constitution and amendments to the four constitutions, there are now 236 valid laws in force in our country. This is a strong evidence that last year our country announced that the “legal system of socialism with Chinese characteristics has formed.” However, in the context of “legislative prosperity,” perhaps one more central proposition should be queried: can these laws be effectively applied to real life to gain real vitality? The most important perspective to detect the applicability of law is that law can Whether to enter the litigation practice. However, the answer and