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通过对比中外公司法、证券法可知,我国简略的立法风格无法使法律具有可操作性,只能由下位法(即政策)来弥补。尽管在我国改革开放和法制建设初期,简略式立法和“政策之治”的盛行有其产生的必然性和存在的相对合理性,但其缺陷和弊端也在实践中逐渐凸显。法律应主要是明线规则的集合,而不能成为有关部门的职能分工清单。从简略式立法到精细化立法是我国在社会主义法律体系初步建成之后进一步提升立法工作的必然选择。建议以《公司法》、《证券法》修订为契机,进行一次大规模的法律编纂,首次制定出我国十万字级的单行法律,为我国的其他立法树立榜样。
By comparing Chinese and foreign company law and securities law, we can see that the simple legislative style of our country can not make the law workable, which can only be compensated by the lower law (ie policy). Although in our country’s reform and opening up and the early stage of legal construction, the inevitability and relative rationality of the simplistic legislation and the prevalence of the “policy of governance” are still obvious. However, their shortcomings and shortcomings are gradually being highlighted in practice. The law should mainly be the set of rules of the line, and can not become the functional division of work of the relevant departments. From the simple legislation to the refined legislation is the inevitable choice for our country to further enhance the legislative work after the initial establishment of the socialist legal system. It is suggested that a large-scale compilation of laws should be made under the opportunity of the revision of the Company Law and the Securities Law. For the first time, China has formulated a one-way law of 100,000 words and set an example for other legislation in our country.