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法律的制定和修改大多关乎每个人的权益,因此,从源头上尽可能地保证法律的妥当性和科学性就至关重要,其直接指向便是法律草案。一般而言,立法背景和目的直接决定了法律的任务和核心理念,对此,需要有清晰的认识和把握。具体到草案文本的完善,固然有诸多因素需要考量,但就学者及其可能的影响而言,以在既有草案的基础上进行必要之修正与完善较为可行。草案表现为内容与形式的结合,内容的设计重在落实法律之目的,并自规则本身加以保障;形式的设计重在文字的修辞、句读的美感、语法的准确和体系的和谐。以此为出发点,《精神卫生法(草案)》应在内容上实现理念的现代化、要件的具体化、义务的明确化和责任化,在形式上本着信达雅和逻辑的要求做相应的增、删、改、调之工作,并配之以修改理由,以明示问题之所在,并为他人进行批评提供可能,以达抛砖引玉之效,在众人的交流和批评中推动立法之完善。
The formulation and modification of laws are mostly related to the rights and interests of everyone. Therefore, it is of utmost importance to ensure as far as possible the properness and scientificity of law from the source. Its direct point is the draft law. In general, the legislative background and purpose directly determine the tasks and core ideas of the law, which requires a clear understanding and grasping. Specific to the text of the draft to improve, of course, there are many factors to consider, but scholars and their possible impact, in order to make the necessary amendments based on the existing draft and improve the more feasible. The draft manifests itself in the combination of content and form. The content is mainly designed to fulfill the purpose of the law and is guaranteed by the rule itself. The form design focuses on the rhetoric of the text, the aesthetic sense of the sentence, the accuracy of the grammar and the harmony of the system. Taking this as a starting point, “Mental Health Law (Draft)” should realize the modernization of concepts, the concreteness of elements, the clarification of obligations and the responsibility in the content, and make a corresponding increase in the form in accordance with the requirements of Faith and Logic , Delete, change, and adjust the work, and with the reasons for the amendment, in order to clarify the problem and provide others with the possibility of criticism, so as to promote the effectiveness of the common people in the exchange and criticism to promote the improvement of legislation.